SWPA

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?
       
Our GoodHead Oral Delight Gels are simply perfect for those who love giving and receiving, and want to take giving great head to the next level. This flavored edible oral sex enhancer is delicious and will help you give head like you wouldn’t believe! Just a few drops of this gel and you’re good to go! Your lover will be delighted! Experience the thrill of stretching and exploration with the Master Series Ass Bung Clear Hollow Anal Dilator, a unique plug designed to take your anal play to the next level. Crafted for experienced users, this hollow dilator provides a satisfying stretch while allowing for versatile use, whether you’re playing solo or with a partner.

Does this marketing copy principally consist
of a description of oral copulation?

Is this product description
devoted to sodomy or masturbation?

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:

  1. Masturbation, whether done alone or with another human or an animal.
  2. Vaginal, anal, or oral intercourse, whether done with another human or with an animal.
  3. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.
  4. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume.
  5. Excretory functions
  6. The insertion of any part of a person’s body, other than the male sexual organ, or of any object into another person’s anus or vagina, except when done as part of a recognized medical procedure.
  7. The lascivious exhibition of the genitals or pubic area of any person.

Sexually explicit nudity. – The showing of:

  1. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast
  2. Covered human male genitals in a discernibly turgid state
Oklahoma
and Virginia: 
nudity, sexual conduct, sexual excitement, or sadomasochistic abuse
…”Nudity” means the:
  1. showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering,
  2. showing of the female breast with less than a full opaque covering of any portion of the female breast below the top of the nipple, or
  3. depiction of covered male genitals in a discernibly turgid state;

“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

Join SWPA as part of the FSC to help us fight in the legislator for our rights and freedoms.

Become a Member Today!