Maybe! The laws apply to sites containing at least 33.33% material “harmful to minors.”
How is that percentage calculated?
It’s not specified! Whether “content” is defined as bytes, bits, words, images, web pages, video files, or something else entirely is likely to have to be decided by a court if/when a lawsuit is filed against a non-compliant site.
What is “harmful to minors”?
It really varies from state to state. In general the material must:
- appeal to minors’ prurient interest in sex,
- lack serious literary, artistic, political, or scientific value for minors, and
- be patently offensive to prevailing standards in the adult community with respect to what is suitable for minors
But the specific types of depictions, descriptions, exhibitions, and representations that qualify range pretty widely (see below).
Is less than 33.33% of the content on your website “harmful to minors”? Ask yourself…
Does this image exploit a depiction of an anus? | Does this image principally consist of a display of the buttocks? | Does this image contain a simulated depiction of genitals? | Is this image devoted to the touching of breasts? |
Does this depiction exploit flagellation of or by a person clad in undergarments or in revealing or bizarre costume? | Does this image show a less than a full opaque covering of any portion of the female breast below the top of the nipple? | Is this a depiction of covered human male genitals in a discernibly turgid state? | Is this image depicting an act of homosexuality? |
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Does this marketing copy principally consist |
Is this product description |
||
As a post-menopausal woman so I suffer from dryness, and I found that this is the best product for me during sexual arousal and intercourse. | Have you ever dreamed of doing the deed in public? It was the fantasy I’d visited pretty often but never dared act on – until one happy night when my husband and I went to an old-fashioned drive-in movie. | ||
Does this review describe sexual conduct? |
Does this guide present a description of sexual exhibition? |
How confident are you in the answers?
Confident enough to let a jury in Arkansas/Mississippi/Alabama/etc. decide?
Learn more about Age Verification at FSC Action Center.
Qualifying Depictions, Descriptions, Exhibitions, and Representations
Arkansas Georgia
Idaho Kentucky Louisiana Mississippi Montana Texas and Utah: |
actual, simulated, or animated:
(i) pubic hair, anus, vulva, genitals, or nipple of the female breast; (ii) touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or (iii) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act |
Alabama: | sexual conduct, breast nudity or genital nudity |
Florida: | actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party |
Indiana and Kansas: |
nudity, sexual conduct, sexual excitement, or sado-masochistic abuse |
The Carolinas: | sexually explicit nudity or sexual activity
… Sexual activity. – Any of the following acts:
Sexually explicit nudity. – The showing of:
|
Oklahoma and Virginia: |
nudity, sexual conduct, sexual excitement, or sadomasochistic abuse …”Nudity” means the:
“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast; “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal; “Sadomasochistic abuse” means flagellation or torture by or upon a person clothed or naked or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked; |
Tennessee: | (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body;
(b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character’s body, or the parts of a fictitious character’s body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character’s body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act |
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