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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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here in the U.S. is it legal to view ANY web page on the internet

Resolved Question:

here in the U.S. is it legal to view ANY web page on the internet including illegal web site under the first amendment?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 7 years ago.
Hello vuckbusterdouglas,

The First Amendment protects most speech. It does not protect pornography, however. Therefore, visiting sites that are illegal (child porn, etc.), presents risks. The First Amendment will not protect you.

Not saving the material in any way does not mean that it is legal. It merely means that prosecution would be more difficult.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. You should consult with legal counsel in your area for specific information relevant to your situation.

Cowgirl Lawyer and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
while there are legal child model sites here in the U.S. how can you tell which ones are legal and the ones that are not, doesnt the goverment have some kind of listing that states which one is and the ones that are not. Please help, I will be paying you and also give you good feed back. Thanks
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

Unfortunately, there is no government list of legal and illegal websites. And, unfortunately, the definition of pornography is not so clear that there can be 100% safety if you want to push the limits of the definition. As one Supreme Court justice reputedly said when frustrated at trying to come up with a written definition of pornography, "I know it when I see it."

You can make a few general assumptions here.

It is not safe to go to pay sites and look at pictures. They have your financial records. If they are taken down by authorities, so too will be your records, and thus, so will you.

If children are posed nude, you may be at risk.

The younger the child depicted, the greater the risk (sentencing under the federal law depends on the age of the child depicted, with the harshest sentences going for pre-pubescent children).

If children are posed in sexual positions, you are definitely at risk.

If children are posed nude and in a provocative pose, especially one which shows genitalia or pubic area, you are definitely at risk.

If it shows sexual conduct, including masturbation, intercourse, bestiality, sadism or masochism, you are definitely at risk.

Drawings, cartoons, sculptures, or paintings are safe. Computer simulations that look real or close to real are not safe.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. You should consult with legal counsel in your area for specific information relevant to your situation.