Expert: Dan Pepper - 11/18/2008

Question
Dan,

If model's private area (up and bottom) are covered by hands do we still have to comply with Title 18 Section 2257?  

Answer
I cannot provide specific legal advice to you over these boards, however I can describe the requirements of the applicable law, and you can draw your own conclusions.  If you are looking for a legal conclusion to your situation, you can contact me through www.adultwebsitelawyer.com.


Section 2256(2)(A) clauses (i) through (v) defines sexually explicit conduct as follows:

(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(ii) bestiality;

(iii) masturbation;

(iv) sadistic or masochistic abuse; or

(v) lascivious exhibition of the genitals or pubic area of any person.

The addition of “lascivious exhibition of the genitals or pubic area” to section 2256(A) was in response to the enactment of the Adam Walsh Child Safety and Protection Act on July 27, 2006. While the annotated code has revised the statute to reflect the change, the Code of Federal Regulations has yet to finalize the proposed new rules to coincide with the Act.

The applicability of the “lascivious exhibition” language is prospective from the effective date of the Act. The rule therefore applies only to depictions whose original production date is on or after July 27, 2006, which is codified under proposed §75.2(g). Records Relating to Visual Depictions of Sexually Explicit Conduct, 72 Fed. Reg. at 38038.

The annotated code for the statute reflects the changes set forth by the Walsh Act. However, the proposed amendments to the federal regulations that reflect the changes in the statute have not been yet been finalized.