Current Compliance Laws for 2257

[Bagelfather]

Here is the latest information on 2257 compliance laws. I know there are more and more members getting into the video gig, but I thought I would let you know the current status of the law.

http://www.usdoj.gov/criminal/optf/links/2257-compliance-guide.html

If you do not film this yourself (i.e. you hire a videographer) both you (secondary/producer) and the primary (person who films it), MUST keep records of the talent in the production.

Also...

These requirements vary slightly depending on the type of sexually explicit conduct depicted and when a visual depiction was produced. The requirements apply in full to any visual depiction of actual sexually explicit conduct produced after July 3, 1995, either by a primary producer or secondary producer, with the exception of visual depictions of lascivious exhibition of the genitals or pubic area of a person ("lascivious exhibition"). The requirements for depictions of lascivious exhibition apply only to depictions produced after March 18, 2009. Likewise, the requirements for visual depictions of simulated sexually explicit conduct apply only to depictions produced after March 18, 2009. In addition to these variations, some specific differences as to the form of records apply based on these dates and types of material, which are explained in detail in the regulation.


Q. What is "lascivious exhibition of the genitals or pubic area"?

A. The regulation does not define the term "lascivious exhibition of the genitals or pubic area," but the Department of Justice will rely on precedent from child pornography prosecutions for 18 U.S.C. § 2257 investigations and prosecutions involving such depictions. In that context, judicial precedent indicates that a depiction can constitute lascivious exhibition if, among other things:

(1) the focal point is on the subject's genitalia or pubic area;
(2) the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity;
(3) the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; or
(4) the visual depiction is intended or designed to elicit a sexual response in the viewer. For more detail, see 73 Fed. Reg. at 77433 and 77440-41.

Number 4 works with a lot of videos that are shown, even though there is no nudity or genital touching. You can argue "but it isn't designed to elicit a sexual response in a viewer" and I would say that is what you think and what the court thinks is a different matter.

However, I am unclear on the "safe harbor" clause so if anyone has information on this aspect I would love to hear it.

 

[rhiannon]

The land of the free.....

 

[Amnesiac]

The requirements apply in full to any visual depiction of actual sexually explicit conduct produced after July 3, 1995, either by a primary producer or secondary producer, with the exception of visual depictions of lascivious exhibition of the genitals or pubic area of a person ("lascivious exhibition").

I don't speak Legalese...what the fuck does this say?

(1) the focal point is on the subject's genitalia or pubic area;
(2) the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity;
(3) the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; or
(4) the visual depiction is intended or designed to elicit a sexual response in the viewer. For more detail, see 73 Fed. Reg. at 77433 and 77440-41.

So does this mean you CAN'T produce material with the following or that you CAN because these are "exceptions" under the March 18, 2009 rulings?

 

[U.N.Owen]

It means that those four conditions HAVE been found to constitute "lascivious exhibition," and are therefore illegal if the model is under 18. Basically, if it's meant to turn people on, the model should never be a kid. Pretty much common sense.

 

[Amnesiac]

Oh, so in other words, nothing has really changed from before since all the exceptions still relate to underage performers then?

 

[on_storm]

Number 4 works with a lot of videos that are shown, even though there is no nudity or genital touching.

I am not a lawyer, but is it possible that the 4 conditions are used to determine whether the exhibition of genitalia or pubic area is lascivious or not? That is, there must first be exhibition of genitalia or pubic area, and then the 4 conditions are used to determine whether the exhibition is lascivious. In other words, if there is no exhibition of genitalia or pubic area in the first place, then whether it is lascivious is a moot point. If the tickling video does not involve nudity, then there is no "visual depictions of lascivious exhibition of the genitals or pubic area" regardless whether the tickling act is "designed to elicit a sexual response in a viewer". Otherise, it seems that a kissing scene may be possibly classified as "designed to elicit a sexual response in a viewer" and falls under this law, which does not appear to be what this law is intended for. Just my 2 cents.