Is it legal for non-nude children to pose suggestively for websites?

Although this area of law is considered somewhat of a "grey area" at the moment, there is certainly a movement to modify child pornography and obscenity laws to specifically address so-called "non-nude" websites. In particular, there is a successful precedent for prosecution of people in possession of these materials. United States v. Knox: The Court held that there was no nudity requirement in the statute: "the statutory term "lascivious exhibition of the genitals or pubic area," as used in 18 U.S.C. � 2256(2)(E), does not contain any requirement that the child subject's genitals or pubic area be fully or partially exposed or discernible through his or her opaque clothing."Seems pretty straightforward.

Although this material does not meet all 3 parts of the Miller Test for Obscenity it certainly fails on the issue of "prurient interest" and on the (S)LAPS test.

In short, buyer beware. It is obvious what these websites are about and it is only a matter of time until they are deemed to be illegal in black and white terms.

First answer by ID3415248651. Last edit by ID1185200884. Question popularity: 1 [recommend question]