August News
We bid a very fond farewell to rahaeli last week, who started working for LiveJournal back in January 2003 when the LJ staff consisted of just a few people. We're sending out huge thanks for all of her work and contributions, and best of luck in her future as an author. You can keep track of her writing career at mccuneblog. We'll miss you, D!
Updates To Your ( Read more... )
Updates To Your ( Read more... )
“identifiable minor”-
(A) means a person-
(i)
(I) who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(B) shall not be construed to require proof of the actual identity of the identifiable minor.
(10) “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and
(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
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Remember, we're in the definitions part of the statute, not the statute itself which starts at 18:2251 and runs up to and past this point to 2260.
It doesn't say this *statute* doesn't apply to drawings it says this "definition" doesn't apply which means that when the word "indistinguishable" is used in Chapter 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN it doesn't apply to cartoons, drawings, etc.
I was pointing out the definition of the phrase "Child Pornography" not the definition of the word "indistinguishable"
Remember, you're arguing with footnotes.
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