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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Is it legal to advertise under 18 model sites along side over

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Is it legal to advertise under 18 model sites along side over 18 nude sites and/or porn? I have seen banner sites that show nude and hardcore porn images on ads with underage non nude girls on banners right next to them. I'm just wondering if this is legal.
Under 18 U.S.C. 2256(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Comment: The law, as written, does not contemplate photos of child models who are not displayed engaged in pornographic activities in close proximity to adult models who are displayed pornographically, as being illegal. Therefore, under current law, the side-by-side modeling appears to be entirely lawful.

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