finster1018
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 p.8 #19 · A distant complicity (NUDE) | |
Pirate wrote:
My wife and I were looking at this shoot and she let me know quickly that in this country, you'd go to jail for this content. She works for Child Protective Services for the state. And due to the age of the child I'd remove this if I were you. Don't mean to be an ass, just looking out !
don't know where you live Scott, but I'd be willing to wager that no matter what part of the country you live, publishing this image anywhere in the U.S. would not land you in jail...and even if you were, you'd be released quickly once you were in front of a judge.
For even the most inexperienced lawyer would quickly look to the Supreme Court's test for pornography - now bare in mind that in child pornography cases, the Miller Test is used in determining if work is indeed pornographic, and different criminal penalties apply to those who are facing charges releated to child pornography.
The Miller Test defines pornography as:
1 Would the average person applying contemporary standard find that work appeals to the deviant interest? - in this case someone could make a very strong argument here but it's all based on how the avg citizen would feel and that would be difficult to measure in this case.
2) Does the work depict sex in a offensively way? - in this case a definite no, if fact I don't see anything that could be construed as the two having a sexual relationship at all. Just the thought that the 2 people are naked and touching each other does not necessarily create a sexual connotation. But for the sake of argument, someone could make a point here.
3) Does the work lack serious literary, artistic, policical, or scientific value? Now here is where I think it would fail miserably (the Miller Test), it does contain artistic value and based on fb101's description of why he came up with the title that he did validates in my mind that he indeed did have an agenda and that his vision was expressed in his work...he may have even made a political or social statement here.
To be considered pornography, the work must meet all 3 of the requirements within the Miller Test. So, by this TEST, this is NOT pornorgraphy OR child pornography. Again, here is an example where children's rights advocates are going ape shit because of the implied content...I guess you see what you want to see but in the end, they'd lose 100% of the time in their arguments.
fb101, again bravo for your presentation. I don't believe that you are breaking any new ground here, it's not original, nor is is the best of the images that you are posted here, but it is a creative endeavor and as close to fine art in my mind as anything else you have done AND you have entered a place where few on this forum would dare venture. Love the controversy it offers and I like seeing what other people have posted. So please continue sharing your work and broadening our minds. (btw my wife hates the image and thinks you should be locked up...but being the attorney in the family, she agrees that it is not even close to being child pornography ... probably the mother part in her psyche that feels that way) she is even hoping to present something similar to this in her Constitutional Law class so that's how inspiring this argument has been in our family!!
Edited by finster1018 on Sep 04, 2006 at 11:14 AM GMT
Edited by finster1018 on Sep 04, 2006 at 12:26 PM GMT
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) would have a problem with it.