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.

  • 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.
Of course, to apply these factors you'd have to actually look at the picture, which I for one am not going to do. Chicken, meet egg.
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