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by Jerrykim on November 13th, 2008

Jerrykim

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Is a soft-core pornographic picture of an underage girl exposing her breasts or buttocks, but not engaging in sexual intercourse, illegal according to US law? READ -definition of "child porn" and "sexually explicit conduct", US Code Title 18, section 2256

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  • by Answer Guy on November 13th, 2008

    Answer Guy

    Yes. No sexual act is required to be shown in the picture. If the photo is of an underage girl showing her breasts, genitals or pubic area would fall under the definition of "lascivious exhibition" if it is designed to excite, arouse or appeal to the sexual stimulation of the viewer.

    For example, everybody's parents probably have a picture of their kid naked in a bubble bath. It's not designed to appeal to the viewer's sexual desires. (Of course, if a pedophile does enjoy it, it's another story, but the image is not child pornography).

    Compare that to the picture you're describing - an underage girl exposing breasts or buttocks. That IS for the purpose of sexual stimulation. That makes it child pornography.

    Comments

    • I suppose I'll have to take your word for it for now.

      Jerrykim

      by Jerrykim on November 13th, 2008

    • Actually, I want to challenge your answer. According to that website, this "lascivious exhibition" only works if it is of the "genitals or pubic area." The breasts or buttocks is not the genitals or pubic area.
      Nowhere does it prohibit "lascivious exhibition" of the torso area or buttocks. Read part 2.A.v.

      Jerrykim

      by Jerrykim on December 24th, 2008

    • Keep reading. Section 2(B) lists breasts specifically.

      Answer Guy

      by Answer Guy on December 29th, 2008

    • That's only if she's having sexual intercourse: 2B "or lascivious simulated sexual intercourse where the genitals, breasts. . . is exhibited" My question was only for softcore pornography, meaning posing only.

      Jerrykim

      by Jerrykim on December 30th, 2008

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