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Marcus

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#1

is fisting legal?

07-20-2002, 09:34 AM

Is there a problem with making fisting content in ths US?
I've never seen a fisting paysite.

I think seymore butts was in court over this. He said there's some law about going past the thumb.

anyone know?
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FATPad

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#2

07-20-2002, 09:36 AM

I fist my dog all the time, and he's never pressed charges.

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tree

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#3

07-20-2002, 09:36 AM

Originally posted by Marcus
He said there's some law about going past the thumb.

anyone know?
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#4

07-20-2002, 09:38 AM

its not legal within 25 feet of my body!

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#5

07-20-2002, 09:46 AM

the sure it's dangerous,once i almost lost my arm
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UnseenWorld

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#6

07-20-2002, 10:25 AM

I'm not an attorney, but I think I know this: "Pornography is legal. Obscenity is not." What is obscene is determined locally. There may or may not be a law against obscenity in certain jurisdictions. It doesn't matter: it can still be found obscene by a local cop or prosecutor, passed along to the courts, and found obscene by a judge or jury.

So, perhaps the question shouldn't be "Is it legal" but rather "Is it advisable?" And the answer for me would be no.

BTW, it is said that as long as the thumb is outside the aperture, it isn't fisting. I think that's a definition used in some jurisdictions, but I'm also not sure that having the thumb out will save your ass in a court in Chicken Gizzard, Arkansas.

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#7

07-20-2002, 10:37 AM

Originally posted by UnseenWorld
I'm not an attorney, but I think I know this: "Pornography is legal. Obscenity is not." What is obscene is determined locally. There may or may not be a law against obscenity in certain jurisdictions. It doesn't matter: it can still be found obscene by a local cop or prosecutor, passed along to the courts, and found obscene by a judge or jury.

So, perhaps the question shouldn't be "Is it legal" but rather "Is it advisable?" And the answer for me would be no.

BTW, it is said that as long as the thumb is outside the aperture, it isn't fisting. I think that's a definition used in some jurisdictions, but I'm also not sure that having the thumb out will save your ass in a court in Chicken Gizzard, Arkansas.

Chicken Gizzard, Arkansas...high crime area...33% of the population have been convicted of one, or more crimes.

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FlyingIguana

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#8

07-20-2002, 10:57 AM

this board is obscene

well only when labret posts one of his pics

Last edited by FlyingIguana; 07-20-2002, 11:54 AM.
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kmanrox

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#9

07-20-2002, 11:20 AM

Originally posted by UnseenWorld
I'm not an attorney, but I think I know this: "Pornography is legal. Obscenity is not." What is obscene is determined locally. There may or may not be a law against obscenity in certain jurisdictions. It doesn't matter: it can still be found obscene by a local cop or prosecutor, passed along to the courts, and found obscene by a judge or jury.

So, perhaps the question shouldn't be "Is it legal" but rather "Is it advisable?" And the answer for me would be no.

BTW, it is said that as long as the thumb is outside the aperture, it isn't fisting. I think that's a definition used in some jurisdictions, but I'm also not sure that having the thumb out will save your ass in a court in Chicken Gizzard, Arkansas.

what he said

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Mikeee

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#10

07-20-2002, 01:01 PM

Originally posted by kmanrox

what he said

What if the pinky stays out?
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UnseenWorld

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#11

07-20-2002, 01:28 PM

Originally posted by Mikeee

What if the pinky stays out?

What if the perpetrator was born thumbless?

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DJRCyberAVS

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#12

07-20-2002, 03:01 PM

What if the perpetrator was born thumbless?

LMAO..

What you said was pretty accurate.

It's high on the list to be targetted and one subject to stay away from. It is illegal over in the UK, but with your good pal AshCock... I would not got near it in the US either.
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Mikeee

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#13

07-20-2002, 03:19 PM

Originally posted by UnseenWorld

What if the perpetrator was born thumbless?

HAHAHAH! What if he had no hand? Would past the elbow be LEGAL.. as long as the shoulder stays out?
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#14

07-20-2002, 03:21 PM

i fist my chicken when i add stuffing
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Mikeee

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#15

07-20-2002, 03:23 PM

Originally posted by hyper
i fist my chicken when i add stuffing

That's the only case where Beastiality is legal.
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#16

07-20-2002, 03:26 PM

I think if the pinky and thumb are not inserted, it's simply defined as incidental contact, up to the elbow and it's called clearing your throat...

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dada

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#17

07-20-2002, 07:33 PM

I some countries they chop your arm for fisting

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Freakster

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#18

07-20-2002, 07:35 PM

In Canada it's legal if no pain is shown...

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Daymare

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#19

07-20-2002, 08:18 PM

Originally posted by Freakster
In Canada it's legal if no pain is shown...

Where does it say that?
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Frank W

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#20

07-20-2002, 08:18 PM

According to the US Supreme Court Case Miller v. California Obscenity is determined on a community by community basis. You may want to look at your state's laws and cases or at least contact a local attorney to see which "niches" are deemed obscene in your locale.

Good luck!

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UnseenWorld

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#21

07-20-2002, 09:12 PM

Originally posted by Frank W
According to the US Supreme Court Case Miller v. California Obscenity is determined on a community by community basis. You may want to look at your state's laws and cases or at least contact a local attorney to see which "niches" are deemed obscene in your locale.

Good luck!

Okay, there's a basic misunderstanding here, Frank. And here I must give the required statement that I'm not an attorney and this is not legal advice but only my opinion, blah-blah-blah.

1) While it's theoretically possible that fisting breaks a local law somewhere, I'd be willing to bet 20 sets of content that no one is incarcerated anywhere in the US for the mere act of fisting, or even for producing fisting material.

2) What can get you in trouble is the DISTRIBUTION of fisting material.

3) Thus, what is important to determine, if you want to distribute fisting material, is where it is going, not so much what local laws or cases may indicate.

4) And then, once again, the issue is obscenity, not pornography, which is determined in court with no particular requirement for consistency. (If they let off five other guys before, a different jury could find you guilty on much less nasty evidence.)

5) My conclusion: use the old 10 foot pole when it comes to fisting.

Last edited by UnseenWorld; 07-20-2002, 09:13 PM.

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BruceM

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#22

07-20-2002, 11:54 PM

Would there be a fist on the end of the 10 foot pole?

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CoolE

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#23

07-21-2002, 12:04 AM

2) What can get you in trouble is the DISTRIBUTION of fisting material.

3) Thus, what is important to determine, if you want to distribute fisting material, is where it is going, not so much what local laws or cases may indicate.

Right. And just to be clear, all webmasters are "distributors". We are distributing adult materials to caches and harddrives all over the world.

5) My conclusion: use the old 10 foot pole when it comes to fisting.

I agree, use caution.
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Validus

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#24

07-24-2002, 08:23 PM

Well... We have a fisting site... Yea... oh... did I forget to mention that it is BRAND NEW. All NEW content?

Fisting Lessons

Yea... just remember... it is the internet after all!
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#25

07-24-2002, 08:43 PM

If fisting is illegal, Kman will be going away for a long time...

just a little bit naughty
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#26

07-24-2002, 08:45 PM

Yeah its illegal just like celeb content but sponsors still run the sites and push the stuff... dont know how though?

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#27

07-24-2002, 09:00 PM

If a couple were engaged in fisting in the forest, and nobody was around to hear it, would there be a sound? Hahahahaha You guys are getting pretty deep, no pun intended.

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#28

07-29-2002, 12:45 PM

I personally would be more worried about "teen" sites then fisting sites right now, looking at the way legislation is going in the USA ....

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TopCashQ

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#29

07-29-2002, 01:43 PM

I'll start with Unseen's same disclaimer... "I'm not an attorney, but..."

While it's true that "obscenity" is defined by local community standards, there are 6 acts/types of content that are considered "patently obscene", and are illegal to depict/distribute depictions of in the US.

1. Child porn
2. Scat
3. Pissing (pissing on someone, that is - I believe it's ok to show someone taking a piss, as long as they aren't pissing on someone else - again, though, I'm no attorney)
4. Beastiality
5. depictions of rape (either real or staged)
6. "Insertion" (fisting)

Again, this is just my understanding of the law, based on questions I've asked at the various legal seminars I've been to at Internext/other shows, and conversations I've had with my own attorney.

If someone is really considering starting a fisting site (pay or otherwise) it would behoove you to talk to an attorney who is familiar with obscenity law first. Sure, lawyers are expensive, but they're a whole lot cheaper than a federal obscenity rap....

Last edited by TopCashQ; 07-29-2002, 01:47 PM.

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#30

07-29-2002, 02:50 PM

Originally posted by DJRCyberAVS
It's high on the list to be targetted and one subject to stay away from. It is illegal over in the UK, but with your good pal AshCock... I would not got near it in the US either.

Wow, I didn't know it was illegal here. I've stayed away from building fisting sites for all the reasons listed here but I had no idea it is actually illegal. Thanks for the info.

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DJRCyberAVS

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#31

07-29-2002, 03:07 PM

Beastiepoo

Drop me an e-mail.

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