- Whether the genitals or pubic area are the focal point of the image;
- Whether the setting of the image is sexually suggestive (i.e., a location generally associated with sexual activity, such as a bed);
- Whether the subject is depicted in an unnatural pose or inappropriate attire considering her age;
- Whether the subject is fully or partially clothed, or nude;
- Whether the image suggests sexual coyness or willingness to engage in sexual activity; and
- Whether the image is intended or designed to elicit a sexual response in the viewer.
Friday, February 23, 2007
Potter Penis
Is the photo discussed here illegal under 18 U.S.C. 2256 & 2252? If the photo contains "lascivious exhibition of the genitals," determined with reference to the following factors from U.S. v. Dost, it may be.
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