"Actual sexually explicit conduct" for 2257 compliance purposes.

[Huskyhunks]

"Actual sexually explicit conduct":

"sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person" (18 U.S.C. 2256)

Ok, about half of the folks and attorneys say that the new regulations include "lascivious exhibition of the genitals or pubic area of any person" as "actual sexually explicit conduct"

There is another group that contends that this reference does not pertain to the new 2257 regulations. Can anyone add some clarity to this situation ?

[basschick]

whether it is specifically included in the changed 2257, it is not specifically excluded. i'm not a lawyer, but since it is not excluded, i suspect judges would be able to use whatever legal definition of sexually explicit stands - and this is where a lawyer would know how that has worked in the past.

chad - you out there?

[Huskyhunks]

Hi, I found this article on Ynot. First Amendment attorney Larry Walters is being interviewed. Conner Young is asking the questions.

"Connor: So would softcore-only sites also need to worry about 18 USC 2257? I don’t recall ever seeing an 18 USC 2257 statement on a Hollywood film that contains only nudity or simulated sex.

Larry: This is another complex answer, but I’ll try to make it as simple as possible: Section 2257 of Title 18 only applies to “actual sexually explicit conduct” which is defined by referencing the definition of “sexually explicit conduct” in Section 2256, which relates to child pornography. However, the definition of “actual sexually explicit conduct” is narrower than the definition of “sexually explicit conduct” since Congress eliminated “lascivious exhibition of the genitals or pubic area” from the purview of Section 2257. Accordingly, records need only be kept for depictions of actual sexual activity, not mere nudity. Interestingly, urination and excretion are not included in the list of sexual activity regulated by the Act, while masturbation and sadistic or masochistic abuse are included. The other more traditional categories of sexual activity are all included. We advise webmasters to keep records and post certifications for all adult material, to avoid guessing as to what is regulated by the Act. I cannot over-emphasize that legal advice is essential to understand your obligations if you are involved in erotic imagery."

It seems that "lascivious exhibition of the genitals or pubic area" is not "actual sexually explicit conduct". That's a big relief but I wonder about:

dildo's in your own ass
rubbing your balls
fingering your own ass
pinching your nipples
fucking a toy ass or vagina
sniffing your own jock or underwear or any part of your body

You can think of a thousand things that people get off to without using their hands :mental: