Expert: Jim Boyd - 5/25/2009

Question
Greetings, I'm going to make an erotic feature, in which all the sex is censored with black bars, no penetration can be seen at any given time, going for simulated softcore. Heavy nudity and genitals will be seen.  Based on the final presentation being censored, does this require me to get a 2257 form for talent?  or will a basic talent release form be sufficent?
I am planning on producing this in California.

I do thanks you in advance for pointing me in the right direction.

Answer
From the actual legal text :

USC Title 18 Section 2257 (2)(B) For purposes of subsection (8) (B) of this section, “sexually explicit conduct” means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;

YES, these regulations and their related provision would absolutely apply to your material, and you would be required to collect and properly maintain the the records as outlined.