How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22594
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

Is it legal (in Montana) to view non nude preteen model websites?

Customer Question

Is it legal (in Montana) to view non nude preteen model websites? For example: newstar-krissy or dolly-supermodel. I really need a yes or no answer. Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
I would opine no, as long as the minors are not engaged in or simulating any type of sexual act or lewd display. It it is simply nude photos, this would appear not to violate the law.

This is covered under Montana Code 45-5-625 which specifically references any type of photograph of a child engaging in "sexual conduct, actual or simulated".
.
The statute then goes on to define what is prohibited:
.
(b) "Sexual conduct" means:
(i) actual or simulated:
(A) sexual intercourse, whether between persons of the same or opposite sex;
(B) penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure;
(C) bestiality;
(D) masturbation;
(E) sadomasochistic abuse;
(F) lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person; or
(G) defecation or urination for the purpose of the sexual stimulation of the viewer; or
(ii) depiction of a child in the nude or in a state of partial undress with the purpose to abuse, humiliate, harass, or degrade the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.
(c) "Simulated" means any depicting of the genitals or pubic or rectal area that gives the appearance of sexual conduct or incipient sexual conduct.
.
.
So if these are simply nude photos that are not showing simulated sexual acts, based on the definition under Montana Code, it would not violate the law.
.
..

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


These are not nude photos! nor are the girls simulating any sexual acts. They are beautiful and young but do dress scantily at times, which is my concern.

Expert:  Barrister replied 1 year ago.
Ok, then there would not be any legal prohibition at all against viewing those types of photos. Even nude is permissible as long as they are not engages in any type of simulated sexual or lewd act.
.
So someone would have nothing to worry about if they are clothed as that is not any type of violation.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22594
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Good morning. I am concerned because your site states that it is for entertainment purposes only. So although I believe your answer to my question is likely correct, I now question (nothing personal) the validity of your professional credentials and the accuracy of your response. Can you allay my fears? Thank you.

Expert:  Barrister replied 1 year ago.
Yes, although I am a licensed attorney, I am prohibited from entering into an attorney client relationship with customers on the site. This also means that I am not allowed to give "legal advice" as a person can only receive that from their own personal attorney with an in person or phone consult. Since I am not allowed to enter into that type of relationship, there must be the disclaimer that this is for entertainment purposes only because otherwise, it could be considered the practice of law. If an attorney wasn't licensed in every state in the US, which would be impossible, then an attorney could get in trouble with their state bar if they were to provide "legal advice" to customers over the internet.
.
But the statutes that I have cited are readily available for you to look up and read yourself to verify that I copied them accurately from the Montana laws.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Sir, thank you for your response. A final clarification if you could. I understand that you cannot provide legal advice, but is it your opinion, as gleaned from Montana Code 45-5-625, that it is lawful to view non nude preteen modeling website content?

Expert:  Barrister replied 1 year ago.
is it your opinion, as gleaned from Montana Code 45-5-625, that it is lawful to view non nude preteen modeling website content?
.
Yes, I can find nothing that would legally prohibit viewing non-nude minors modeling.
.
.
Thanks
Barrister
Customer: replied 1 year ago.


Thanks much. You are very kind and very helpful. Have a great weekend!

Expert:  Barrister replied 1 year ago.
You are very welcome...Going fishing tomorrow so it will be a great weekend...
.
.
Thanks
Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.