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Q: Law ( Answered,   3 Comments )
Question  
Subject: Law
Category: Reference, Education and News > Consumer Information
Asked by: gmoogler-ga
List Price: $3.00
Posted: 22 Apr 2005 16:45 PDT
Expires: 22 May 2005 16:45 PDT
Question ID: 512906
Are web sites with nude teens illegal?
Answer  
Subject: Re: Law
Answered By: missy-ga on 22 Apr 2005 18:44 PDT
 
Hi gmoogler,

If the site's models/actors are actual teenagers (under the age of
18), yes, such sites are illegal.

This is covered by:

US TITLE 18 > PART I > CHAPTER 110 - Sexual Exploitation of Children
http://www4.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_110.html

Sites whose models/actors merely *look* like minors but are actually
adults must comply with USC 18  2257, which requires producers of
such sites to verify that their models/actors are over the age of 18,
and requires these producers to keep records of the performers name,
address, age, and every name, nickname or stage alias ever used. 
Additionally, they must prominently display a disclaimer on the site
attesting to the fact that the performers are all legally adults.

TITLE 18 > PART I > CHAPTER 110 >  2257 Record keeping requirements
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002257----000-.html

--Missy

Search terms:  [ teen porn law ], [ 2257 Disclaimers ]

Request for Answer Clarification by gmoogler-ga on 23 Apr 2005 09:58 PDT
I guess I'd like to know how this affects people using the internet.
How about sending money to those sites or downloading photos? How can
a surfer know if people have complied with USC 18  2257?

Clarification of Answer by missy-ga on 23 Apr 2005 12:32 PDT
Hi gmoogler,

Let's take the second part of your question first:

"How can a surfer know if people have complied with USC 18  2257?"

Sites featuring models/actors who look underage *must* display a 2257
disclaimer on the site.  The statement will be the same as or similar
to these:

CERTIFICATE OF COMPLIANCE WITH 18 USC SECTION 2257
http://www.ifriends.net/legal/ComplianceUSC18_2257.htm

2257
http://www.wannawatch.com/hosted/2257.htm

Some sites will put the disclaimer at the bottom of the main page in
small print, others give it its own page, and use "Legal", "Legal
Information", "2257 Information", or similar language in the link
text.  The disclaimer is also *required* to have the name, address and
phone number of the custodian of records.  Before placing an
order/joining a site, check for the legal information and make sure
the custodian of records is listed.  If it isn't, steer clear.

Now let's look at your first question:

"How about sending money to those sites or downloading photos?"

This will depend on the decency/obscenity laws in your locale.  In
some communities, viewing and/or purchasing pornographic materials
(even online) is illegal.  If you're not sure if viewing adult
material in your locale is legal, you can Google on [ obscenity laws
$CITY ], replacing $CITY with the name of your city, to locate the
text of your community's laws.

--Missy
Comments  
Subject: Re: Law
From: ajmorris-ga on 22 Apr 2005 21:13 PDT
 
Well that's a fine answer, so long as the U.S.A. owns the web.
Subject: Re: Law
From: loddus-ga on 13 Jun 2005 15:15 PDT
 
Actually, the answers is not factually accurate given the simplicity
of the question.  Assuming the questioner is asking about US law as
mentioned by the previous commenter.  The question says teens and not
minors.  An 18 or 19 year old is still a teenager but not a minor and
therefore displaying nude depictions of 18 and 19 year olds does not
fall under 18 USC 2256 which governs depictions of persons under the
age of 18 at the time of filming.  With regards to those persons where
were under 18 at the time of filming, simple nudity does not meet the
definition required for a depiction to labeled illegal.  According to
the definitions of the law, a depiction must depict sexually explicit
conduct which is defined is 2256 (2) as
?sexually explicit conduct? means actual or simulated?
(A) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;

http://www.2257.com
Subject: Re: Law
From: may123-ga on 09 Apr 2006 17:13 PDT
 
Hi,

Web sites with nude teens or minors are not necessarily illegal. 
There is a society of naturist, which is recognized via literature and
documentaries.

Naturism depicts a way of life where people choose to be cloths free
for daily activities.   Enjoying the naked lifestyle is not an act of
sex or pornography.   Viewing naturist documentaries such as books and
videos are educational.  They are not considered pornography or
performances of sexual acts.

Contact Nudist Law for more information.

http://www.nudistlaw.com

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