But under opposition from civil libertarians and commercial stock photo houses like Corbis, it never left committee. Mark Foley announced a bill called the Child Modeling Exploitation Prevention Act that would effectively ban the sale of photographs of minors. Congress tried to clear up some of the ambiguity around what is and what isn't legal but never actually enacted legislation. "It seems clear," the motion said, "that the genitals or pubic area of the person must be actually exposed or visible to fall within the proscription against exhibition." They filed a joint motion in July, which was rejected, asking that the case be dismissed in part on First Amendment grounds. They're accused ( click for PDF) of running a child modeling site-again, no nudity is alleged-that featured minors in lingerie. In an unrelated prosecution of two Utah men, Matthew Duhamel and Charles Granere currently are facing federal criminal charges of child pornography. But a jury acquitted Grady, and he subsequently filed a lawsuit asking for $10 million in damages for wrongful arrest, according to the Rocky Mountain News. drew the attention of local television reporters, whose reporting sparked a police investigation. The Web site bills itself as "America's premier teen glamour publication" and sells subscriptions for access to nonnude shots of models between 13 and 17 years old. In 2002, Colorado prosecutors charged James Grady with more than 719 felony charges-ranging from sexual exploitation of children to contributing to the delinquency of minors-for operating. Prosecutors have tried to target child modeling Web sites before, with mixed results. Among the factors they evaluate: whether the focus is on the child's genitalia or pubic area whether the image suggests sexual coyness and whether the visual depiction is intended or designed to elicit a sexual response in the viewer. Dost for guidance on what's "lascivious" and what's not. Applying the plain meaning of the term 'lascivious exhibition' leads to the conclusion that nudity or discernibility are not prerequisites for the occurrence of an exhibition within the meaning of the federal child pornography statute," the 3rd Circuit wrote.Ĭourts have also looked to a 1986 case called U.S. Additionally, the obvious purpose and inevitable effect of the videotape was to 'attract notice' specifically to the genitalia and pubic area. "The genitals and pubic area of the young girls.were certainly 'on display' as the camera focused for prolonged time intervals on close-up views of these body parts through their thin but opaque clothing. Circuit Court of Appeals extended that definition to include videotapes of girls in leotards, and upheld Stephen Knox's conviction on child pornography charges. Knox, judges interpreted that language to mean either images of nude minors or of minors having sex. Child pornography is defined as the "lascivious exhibition of the genitals or pubic area of any person" under 18 years old. The explanation for that lies in a criminal statute called A, which Pierson is accused of violating. That's no exaggeration: The same section of federal law punishes a pedophile who makes a video recording of a baby being molested, as well as someone who possesses an image of a 17-year-old striking an unlawfully racy pose. Whether the visual depiction is intended or designed to elicit a sexual response in the viewer. Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.Ħ. Whether the child is fully or partially clothed, or nude.ĥ. Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child.Ĥ. Whether the setting of the visual depiction is sexually suggestive.ģ. Whether the focal point of the visual depiction is on the child's genitalia or pubic area.Ģ. Dost, a federal judge suggested a six-step method to evaluate the legality of images.
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