Young Adults in Erotic Fiction

[Mumei]

Hi Hi,

Charged question, I know. I am wondering where I can find out about the legalities concerning written erotica with characters under 18.

mumei

[Mad Lews]

Hi Hi,

Charged question, I know. I am wondering where I can find out about the legalities concerning written erotica with characters under 18.

mumei

First off, I'd say never go to an online writers thread for legal advice.

Secondly, it would vary from country to country.

Third, in the USA you can write whatever you want, the publisher would have legal liability not the writer. I believe written child porn is treated quite differently from photos, pictures, art, and such. Freedom of speech means you can write it,not that you can get it published. Actual age for criminal liability varies from state to state between 18 and 13. I've never heard of prosecution for a fictional character although a comic book publisher was once pursued unsuccessfully for a work depicting an infant. This site has its own limit which I believe is 13 years of age they are outlined in the guidelines for conduct.

Free advice which is worth every penny you pay for it. If you are writing, unless there is a compelling reason and age is an intricate part of the plot why even mention a specific age? If you are into youth describe that without putting a birth date down on paper.
Myself I'm an old fart and teens were never a big turn on for me but if you can't describe a teenager without showing us their birth certificate ... whatever.
preteens and kiddys are off limits here and on almost any other public forum in the USA, as they should be IMHO.

Hope that helps

Mad Lews

[Mumei]

First off, I'd say never go to an online writers thread for legal advice.

Thanks, but as you can see, I didn't ask for advice specifically but rather "where can I go for info." I can go to a lawyer of course but I was hoping for online leads.


Secondly, it would vary from country to country.

Yeah, I should have specified the USA.


Third, in the USA you can write whatever you want, the publisher would have legal liability not the writer. I believe written child porn is treated quite differently from photos, pictures, art, and such. Freedom of speech means you can write it,not that you can get it published.

Yeah, what I was hoping for was some statutes or legal websites or something. Also, does posting online count as "publishing"?


unless there is a compelling reason and age is an intricate part of the plot why even mention a specific age?

In fact that was something I was wondering about. Namely, whether there is a legal basis for inferring age when no age is specified explicitly.

Thanks so far!

-mumei

[Razor7826]

The laws concerning anything that could conceivably be called 'child pornography' tends to be a minefield, but even with today's ruling, the Supreme Court's general stance is that if the people are not real, or those involved are not actually minors, then it is legal, regardless of the content.

So, as far as CP laws are concerned, with regards to any upheld laws that I know of, the following are LEGAL:
-Drawn representations of minors.
-Written stories about minors.
-Adult actors pretending to be minors.
-Films involving minors in


However, the following are ILLEGAL, or in such a gray area that prosecutors will go ahead and raid your house even if it isn't.
-Minors in simulated sex acts.
-Photoshop'ed or digitally altered pictures of minors to show them in sexual situations.
-Showing any interest in obtaining CP, whatsoever

You should be careful, though-- even if you aren't violating any CP laws, prosecutors have complete discretion to prosecute you under catch-all obscenity laws, even if nothing you've written is explicitly illegal. In general, I'm recommend staying away from using characters under 18, and scenes of heavy and fatal violence. Those tend to be what attract the most obscenity prosecutions.

Be careful when traveling. Canada and UK are a lot less nice considering fictional portrayals of... everything... so laptops can get searched and seized at customs.

[Mad Lews]

Thanks, but as you can see, I didn't ask for advice specifically but rather "where can I go for info." I can go to a lawyer of course but I was hoping for online leads.




Googling child porn in literature will get you a few hundred hits, the newest are about the Supreme Court upholding laws against possession of material promoted as child porn even if it does not actually involve real children. That's the law passed to deal with virtual porn.
Again like most pornography rulings exceptions are made for works of artistic and social merit.
To answer your question

www.unh.edu/ccrc/pdf/CV96.pdf
www.wla.org/igs/ifig/principles.doc
laws.findlaw.com/us/000/00-795.html
www.cyber-rights.org/reports/uscases.htm - 50k

all deal with the shifting definitions of how child pornography is legally defined.

[Ozme52]

Yeah, I should have specified the USA.


It might even vary state to state. I'm pretty sure the real thing does... vis-a-vis stat-rape rules.

[Razor7826]

Googling child porn in literature will get you a few hundred hits, the newest are about the Supreme Court upholding laws against possession of material promoted as child porn even if it does not actually involve real children. That's the law passed to deal with virtual porn.
Again like most pornography rulings exceptions are made for works of artistic and social merit.


Yesterdays ruling doesn't really change anything with regards to virtual porn. From what I've read, they affirmed the parts of the law that deal with showing clear intent to obtain or share CP, while reiterating the legality of pornography that does not involve real minors. They made a point of saying that it is still legal in that way.

However, it all depends on what the local prosecutors want to pursue. Obscenity is the major threat authors face, not any crimes relating to CP. Objectionable subject matter may make juries less compassionate, though.