Open 2257 Discussion - How Do We, As Business Owners...

[Lee]

Define 'sexually explicit' as used in the new 2257 regulations?

Could they have found a broader term to use if they tried?

How / where do we draw the line when it comes to 'sexually explicit' content? What makes content 'sexually explicit'? Is there a method of testing whether or not content is 'sexually explicit'?

Your thoughts on this?

What one person may perceive as being 'sexually explicit' by definition, may not be to another person.

Regards,

Lee

[basschick]

lee, sexually explicit has been defined by the courts. the dangerous thing about it isn't the sexual part - that's obvious. it's how different people might find legs spread in a lewd or lascivious manner, which is part of how it was defined.

[Lee]

Patti,

Do you have a link to the courts definition hon?

Regards,

Lee

[basschick]

(2) “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://www4.law.cornell.edu/uscode/h...6----000-.html

[Dravyk]

Should one ask what "lascivious exhibition" means now?

Jeeez, I hate goverment hacks.

[Dzinerbear]

Hey since they've already told us what "unlawful child pornography" is, I'm waiting for them to tell me what constitutes lawful child pornography.

dzinerbear

[Fister]

Should one ask what "lascivious exhibition" means now?

Jeeez, I hate goverment hacks.

"lascivious exhibition" Those are the poses I'd choose for advertising! Of course, legally speaking, the definition is not at all clear.

[JustJohn]

Incidentally, lascivious exhibition of the genitals has always been excluded from the definition of "actual sexually explicit conduct" for the purposes of 2257.

From section 2257:

(1) the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;

So for the purposes of 2257 subparagraph (E) or "lascivious exhibition" is not included in the definition. Only (A) through (D) apply.

Source: Chapter 10 of Title 18
http://www4.law.cornell.edu/uscode/h..._I_20_110.html

Confusing huh?