Is it legal to show kids reaching orgasm with clothes on?

Is it legal to show kids reaching orgasm with clothes on? - Content diverse children in hairbands with bunny ears showing decorative eggs while looking at camera against fabric with rabbit ornament

In Nymphomaniac: Vol. I (2013), a little girl is shown having an orgasm while flying in the sky with clothes on. The narration says that the girl is having an orgasm.

In Babel, a kid is shown masturbating to his sister bathing (masturbation not shown).

I already viewed this question, which is about toplessness, but I am referring to orgasms, which are inherently sexual.

Is it legal to show kids reaching orgasm with clothes on?



Best Answer

In the US, at least, the law is reasonably clear. Child pornography, which is unlawful, is defined as

any visual depiction of sexually explicit conduct involving a minor

Sexually explicit conduct is in turn defined as

sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex as well as bestiality, masturbation, sadistic or masochistic abuse, and the lascivious exhibition of the genitals or pubic area of any person.

But the action has to actually be shown. A boy looking down, moving his arm rhythmically, would not count.

Separately, a work could be be prosecuted as obscene if

the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.




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