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There are a range of questions and opinions in the United States concerning the propriety and acceptability of pornography, based on distinctions such as type of material and age of consumer. Moral outrage toward the involvement of children and young adolescents in the production of sexually explicit materials is the norm, however. By law, children and adolescents below the age of 18 are not permitted any access to pornographic materials in any form, and both the actual distribution and the intended dissemination of such materials to underage consumers are illegal. The advent of the World Wide Web has made access to all forms of pornography simple and inexpensive. For the above reasons, federal regulation of the production and distribution of pornography has grown more and more conservative over time, so that there are more restrictions on accessing pornographic materials and on the inclusion of children in their production. Opposition typically focuses on issues of free speech, juxtaposing the harm access to pornography may cause with the harm restrictions might inflict. Restrictions on juvenile participation in the production of pornographic materials have general support.

Definitions

The following definitions are those currently in use by the U.S. federal government:

Pornography. The term pornography is defined as any material created in an effort to provoke sexual interest. This is an exceptionally broad definition and can legitimately embrace Playboy magazine and NC-17 rated films, Harlequin romance fiction, and music videos featuring scantily clad performers.

Child pornography. Child pornography refers to any visual depiction of sexually explicit conduct, within any medium and produced by any means, that (1) involves the actual participation of a minor, (2) involves a character indistinguishable from a minor, or (3) has been made to present the impression of direct participation by a minor. For the purposes of this definition, sexually explicit conduct was defined by the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act as graphic sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, real or simulated, of any sort, or a similar presentation of human genitals or pubic areas. Examples can range from films of prepubescent children engaging in sexual acts with adults, to a webcam picture of a nude 17-year-old. The actual language of the PROTECT Act has recently come under fire, as it says that a visual depiction can be considered child pornography if it shows a person of legal majority but that person is “virtually indistinguishable” from an actual minor. The constitutionality of this reading is currently under review.

Obscene/Obscenity. The term obscenity, referring to that which is obscene, is defined as something that an average person, applying the current societal values, would find (1) appeals to sexual interests in a way that also produces feelings of shame or obsession, (2) presents in a blatantly outrageous way that which can be described as sexual activity, and (3) is without true worth according to the standards of any discipline. Examples will necessarily depend on the local community, but common practice has been to judge those standards based on as conservative a framework as possible. What this means is that whereas those living in an undergraduate all-male dorm may find a magazine or film-clip tame, the broader community of permanent residents may not, and it could therefore be defined as obscene.

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