Need important advice regarding children adn the adult industry

Discussion in 'Legal Issues' started by Laceygirl, Jul 13, 2012.

  1. #1
    Currently I'm cornered thinking about legal issues regarding an adult website I own.

    I'm the adult network there is a very active forum roleplay section. Let me elaborate a bit just in case you don't understand. People setup a role where they tell a story in the forum and act out their role on their made up characters.
    Obviously the popular role that people want is the eager teenager in highschool. Currently my rules state that if sex is involved in the roleplay then the made up characters must be 18yrs or older.

    Is it a legal problem if people are roleplaying with a younger age?
    I have the same question regarding stories as well.
     
    Last edited: Jul 13, 2012
    Laceygirl, Jul 13, 2012 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    Hire a lawyer. It depends on where you live for one thing. Also, if you are facilitating role-playing that is very different than a story or visual depiction. I would be much more concerned about an actual minor ending up on your site.

    The law in Canada is different than the US in this area. This section deals with visual things that are purely fictional and yet still criminal.

    More important is that you do not need to allow something just because it may be legal. You can use your own moral judgment about whether or not you want people discussing sex with children.
     
    browntwn, Jul 13, 2012 IP
  3. Laceygirl

    Laceygirl Notable Member

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    #3
    I think you didn't understand me.
    There is no children involved. This is an adult site.


    That law is excessively confusing. Did it just say that it is illegal to have forum roleplay sex using fake characters of underage people or did it just say something else?
     
    Laceygirl, Jul 13, 2012 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    I did understand you, you are asking about two adults discussing or role playing where their discussion or role-playing involves someone having sex with a child (a person under the age of 18).

    It is your site and thus your decision whether or not to allow adults to discuss having sex with children.

    The law is complicated, which is why I would hire a lawyer well versed in this area of the law since you do not want to run afoul of child porn laws. Unlike many laws which require some intent to commit a crime. Child porn laws often require no intent so even if you end up with (what is deemed) child porn by mistake or accident, you are still guilty and that is no excuse.
     
    Last edited: Jul 13, 2012
    browntwn, Jul 13, 2012 IP
  5. Laceygirl

    Laceygirl Notable Member

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    #5
    damn, I was hoping someone here would just understand the law and say "ya, fantasy or not minors minors having sex with other minors is a criminal offense. There's obviously a zillion story sites out there that do have that, but they are being foolish".
     
    Laceygirl, Jul 13, 2012 IP
  6. MrJohn

    MrJohn Well-Known Member

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    #6
    If I were you I would ask Attorney Jaffe, I believe you can Google him and find him. He discusses a variety of topics with online professionals for free. He is a very experienced guy and should be able to help you.
     
    MrJohn, Jul 13, 2012 IP
  7. seoers

    seoers Greenhorn

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    #7
    I also have adult sites.What you should do is set up a pop up where users have to confirm that they are adults when entering the site,also add a section about the roleplay being only fictional (see south park) this should cover your ass
     
    seoers, Jul 14, 2012 IP
  8. Laceygirl

    Laceygirl Notable Member

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    #8
    Oh, I already have a .htaccess 18+ thing going on for please to confirm.
     
    Laceygirl, Jul 14, 2012 IP
  9. MrJohn

    MrJohn Well-Known Member

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    #9
    MrJohn, Jul 14, 2012 IP
  10. workingsmart

    workingsmart Well-Known Member

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    #10
    Yeah but what @LaceGirl is talking about - doesn't only apply to internet law.

    Bottom line, is it illegal for 2 consenting adults to act out a role-play scenario where they are both "pretending" to be under 18 years of age - knowingly.

    After doing some research on this after I first saw this thread, I do believe that it is - LEGAL - BUT in "gray area" and open for interpretation.

    Moral depiction is a whole other story but that COULD very well play on the LEGAL interpretation, depending on WHO is interpreting...

    No clear cut answer for you LaceyGirl... Sorry... :(
     
    workingsmart, Jul 18, 2012 IP
  11. Kate-Oranum

    Kate-Oranum Member Affiliate Manager

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    #11
    This is such a sensitive case - I would hire a lawyer
     
    Kate-Oranum, Jul 18, 2012 IP
  12. andrekhrisna

    andrekhrisna Active Member

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    #12
    It's just a story and it's an adult zone, so no worries.
    People will understand that.
    If there's someone who think that adult is not suit for him/her then they should walk away ;)

    But you must put a disclaimer there.
     
    andrekhrisna, Jul 18, 2012 IP
  13. browntwn

    browntwn Illustrious Member

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    #13
    It is not "just a story". Read the question carefully. It is about role playing, where two people act out roles where one is playing a minor child. It is not black and white that an adult online can have a sexual chat with someone pretending to be a minor. I tend to think it is legal, but this is not the same thing as just reading a story. This is an interactive chat between two people where one is 'pretending' to be a minor child. I am not sure what notification is given to the other party that they are in fact chatting with an adult and not an actual minor. But, the point is that this is not just about reading a story. Further, the idea that this websites invites adults to participate in chats where one party is acting as a minor is troublesome and could well be illegal in some places.
     
    browntwn, Jul 18, 2012 IP
  14. DomainMagnate

    DomainMagnate Illustrious Member

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    #14
    No idea about the specifics of this, but I can recommend a lawyer in Canada who deals with Internet stuff, pm if needed.
     
    DomainMagnate, Jul 22, 2012 IP