# My porno! Is it legal? **URL:** \ **Category:** Factual Questions\ **Created:** [May 19, 2005, 12:00am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505 "2005-05-19T00:00:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![klintypooh](https://avatars.discourse-cdn.com/v4/letter/k/3da27b/32.png) [@klintypooh](https://boards.straightdope.com/u/klintypooh)\ **Post date:** [May 19, 2005, 12:00am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/1 "2005-05-19T00:00:49Z")
In the UK the age of consent is 16 and you can watch porn at 18. So say me and a girl make a video of us in action when we are 16, would we legally be able to watch it? And if not and we had to wait until we were 18, would watching it then be illegal as both the ‘stars’ are under 18? Would it be any different if we had split up and just the one of us was watching it? 😕 ---
**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\ **Post date:** [May 19, 2005, 12:18am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/2 "2005-05-19T00:18:46Z")
AFAIK, making it when 16 would in itself be illegal. Yes, it’s illogical that somebody can be married and have kids, yet technically not be allowed to pose for their husband. But it doesn’t seem to be something that’s been dealt with in the courts (if/when it does occur, it’ll probably be thrown straight out) ---
**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\ **Post date:** [May 19, 2005, 12:19am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/3 "2005-05-19T00:19:09Z")
I can’t speak for the UK, but where I am (Washington state in the US) the situation may be similar. The age of consent is 16 and you can’t be given porn until you’re 18 (you can actually possess porn at any age, but it is illegal for anyone to _deliver_ porn to you until you’re 18). However, any depictions of someone under 18 years old having sex is child pornography and majorly illegal. So you can have sex when you’re 16 or 17, but if you photograph or film it you are committing a federal felony. I’m guessing that kiddie porn laws are pretty much the same in the UK. ---
**Author:** ![klintypooh](https://avatars.discourse-cdn.com/v4/letter/k/3da27b/32.png) [@klintypooh](https://boards.straightdope.com/u/klintypooh)\ **Post date:** [May 19, 2005, 12:45am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/4 "2005-05-19T00:45:07Z")
I’m so glad I didn’t own a camera when I was younger. ---
**Author:** ![Eurograff](https://avatars.discourse-cdn.com/v4/letter/e/df705f/32.png) [@Eurograff](https://boards.straightdope.com/u/Eurograff)\ **Post date:** [May 19, 2005, 1:19am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/5 "2005-05-19T01:19:01Z")
I’m not sure. US laws are in general stricter than European (here you can surely watch adult movies even before age of consent, and mere nudity is not considered pornographical), but I don’t know about UK in particular. Even if a video of you two having sex would be technically illegal, it wouldn’t be worth of prosecuting. Besides, if such cases come up, there can be a distinction between a private film and commercial porn acting. Since you could legally have sex with each other, a video of it can’t be considered child pornography under any sane law. And even with the latter case of commercial porn, European laws are often very lenient. To use the oft-cited example, shops can legally sell those 80s flicks starring 16-year old Traci Lords. But again, UK laws might not be as liberal. ---
**Author:** ![La\_Llorona](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@La\_Llorona](https://boards.straightdope.com/u/La_Llorona)\ **Post date:** [May 19, 2005, 2:02am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/6 "2005-05-19T02:02:38Z")
I have an extremely vague recollection of having read something to the effect that in US law, it’s perfectly legal to make and to possess underage pornography of oneself; the illegal part comes in if you try to _sell_ it, in which case you’re peddling child pornography and are liable to prosecution. I could be completely off the mark, though (and IANAL, this is not legal advice, yadda yadda). Any Legal Buff!Dopers care to come along and clarify? ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [May 19, 2005, 2:18am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/7 "2005-05-19T02:18:52Z")
> [@La Llorona](#): > > I have an extremely vague recollection of having read something to the effect that in US law, it’s perfectly legal to make and to possess underage pornography of oneself; the illegal part comes in if you try to _sell_ it, in which case you’re peddling child pornography and are liable to prosecution. Under no conditions is making child pornography legal in the US or Canada. No conditions. Being caught making child porn, you are in for a very, very, very bad time. Being caught in posession of child porn and you are in for a very, very bad time. However, there is a grey area when it comes to fictionalized child porn in the form of written stories or drawings. At least that is my understanding of US law, in Canada I think it may be legal but I’ll await further input on that. ---
**Author:** ![La\_Llorona](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@La\_Llorona](https://boards.straightdope.com/u/La_Llorona)\ **Post date:** [May 19, 2005, 2:24am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/8 "2005-05-19T02:24:21Z")
> [@adam yax](#): > > Under no conditions is making child pornography legal in the US or Canada. No conditions. Being caught making child porn, you are in for a very, very, very bad time. Being caught in posession of child porn and you are in for a very, very bad time. > [@La Llorona](#): > > I have an extremely vague recollection of having read something to the effect that in US law, it’s perfectly legal to make and to possess underage pornography **of oneself** (bolding mine) Nay? I am misinformed, I suppose…I bow to your superior knowledge. 🙂 ---
**Author:** ![RandomLetters](https://avatars.discourse-cdn.com/v4/letter/r/8edcca/32.png) [@RandomLetters](https://boards.straightdope.com/u/RandomLetters)\ **Post date:** [May 19, 2005, 2:34am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/9 "2005-05-19T02:34:39Z")
> [@adam yax](#): > > However, there is a grey area when it comes to fictionalized child porn in the form of written stories or drawings. At least that is my understanding of US law, in Canada I think it may be legal but I’ll await further input on that. This really isn’t a grey area - there was a law a couple years ago banning virtual child porn, but the Supreme Court found it to be unconstitutional. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [May 19, 2005, 4:06am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/10 "2005-05-19T04:06:54Z")
> [@adam yax](#): > > Under no conditions is making child pornography legal in the US or Canada. No conditions. Being caught making child porn, you are in for a very, very, very bad time. Being caught in posession of child porn and you are in for a very, very bad time. > > However, there is a grey area when it comes to fictionalized child porn in the form of written stories or drawings. At least that is my understanding of US law, in Canada I think it may be legal but I’ll await further input on that. So if an teenager, say 16 or 17, were to make a video of him/herself masturbating s/he could be though in jail? Do the laws against child pornography apply when the child is the one making it? ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [May 19, 2005, 7:56am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/11 "2005-05-19T07:56:53Z")
> [@alphaboi867](#): > > So if an teenager, say 16 or 17, were to make a video of him/herself masturbating s/he could be though in jail? Do the laws against child pornography apply when the child is the one making it? I can’t find a cite, but not only is that true, it got tested in court(I don’t know the outcome). Some 15 year old girl in SoCal got prosecuted (and indicted, mind you) for filming child pornography of herself and distributing it to minors. I’ll try to dig around for a reference… ---
**Author:** ![Martiju](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@Martiju](https://boards.straightdope.com/u/Martiju)\ **Post date:** [May 19, 2005, 8:25am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/12 "2005-05-19T08:25:35Z")
> [@groman](#): > > I can’t find a cite, but not only is that true, it got tested in court(I don’t know the outcome). Some 15 year old girl in SoCal got prosecuted (and indicted, mind you) for filming child pornography of herself and distributing it to minors. I’ll try to dig around for a reference… I suspect it was the distribution that caused the problem, rather than the making of it… ---
**Author:** ![Captain\_Lance\_Murdoch](https://avatars.discourse-cdn.com/v4/letter/c/47e85d/32.png) [@Captain\_Lance\_Murdoch](https://boards.straightdope.com/u/Captain_Lance_Murdoch)\ **Post date:** [May 19, 2005, 3:31pm UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/13 "2005-05-19T15:31:51Z")
> [@Eurograff](#): > > I’m not sure. US laws are in general stricter than European (here you can surely watch adult movies even before age of consent, and mere nudity is not considered pornographical) That’s the same as here. You can’t distribute porn to minors, though. ---
**Author:** ![BwanaBob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bwanabob/32/2985_2.png) [@BwanaBob](https://boards.straightdope.com/u/BwanaBob)\ **Post date:** [May 19, 2005, 4:05pm UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/14 "2005-05-19T16:05:35Z")
> [@Eurograff](#): > > To use the oft-cited example, shops can legally sell those 80s flicks starring 16-year old Traci Lords. But again, UK laws might not be as liberal. Are you saying in Europe these films are legal? I once owned one of these films but when the truth of her actual age came out, I physically destroyed the video tape. It wasn’t her greatest film anyway. ---
**Author:** ![pessimisticgrace](https://avatars.discourse-cdn.com/v4/letter/p/bbce88/32.png) [@pessimisticgrace](https://boards.straightdope.com/u/pessimisticgrace)\ **Post date:** [May 19, 2005, 6:11pm UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/15 "2005-05-19T18:11:24Z")
Oh yeah, you can buy Traci Lords videos from American retailers who only ship to certain European countries. But I guess that means a picture I took of my boobs when I was 14 was illegal too. Lets hope the feds never get ahold of my computer. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [May 19, 2005, 8:05pm UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/16 "2005-05-19T20:05:57Z")
One of the complaints concerning the [Woodstock](http://www.imdb.com/title/tt0066580/) movie when it came out was that with its “R” rating, some of the kids in the movie running around nekkid couldn’t get in to see the movie. Note that being nekkid and under 18 in a movie in the US isn’t illegal. Just ask Brooke Shields. (Presumably her mom went with her to see “Pretty Baby”.) ---
**Author:** ![Eurograff](https://avatars.discourse-cdn.com/v4/letter/e/df705f/32.png) [@Eurograff](https://boards.straightdope.com/u/Eurograff)\ **Post date:** [May 20, 2005, 1:20am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/17 "2005-05-20T01:20:30Z")
> [@BwanaBob](#): > > Are you saying in Europe these films are legal? Yes, they are legally sold by many shops, also online. There appear to be some FAQs on the net which further discuss about this. However, the laws keep changing in many countries, and while Lords films are, and have always been, legal at least in Netherlands and Germany, some others like Finland currently have stricter laws making those technically illegal. There’s an effort by EU to harmonize laws concerning this, but it’s unlikely that all or even most European countries were willing to raise the age limit of “child pornography” to 18 years, which would be several years higher than the usual age of consent of 15 or 16. And in practice they arent very strictly enforced either, especially “self-abuse” cases like [this one](http://www.post-gazette.com/breaking/20040329pornp6.asp) wouldn’t go to the court. The main problem with making a fair law is that it should be able to distinct between sexually explicit privately held material, of which the minimal age should be at the age of consent, and publicized, usually commercial, porn, which is similar to prostitution in some respects, and shouldn’t be a place for minors, even mature ones. Surely two teenagers photographing isn’t the same as working for years in porn industry. (Apparently there’s been talk within American porn biz about [raising the age limit](http://pornblography.com/daily_grind/archives/2004_03_24.php) in commercial porn to 21). When these distinctions have been proposed to be put in laws, they’ve often been shot down by populists who like to equate even the situation described by OP with the vilest of kiddie porn. Thus more liberal countries apply the age of 16 to everything, while in others the 16-17 continues to be a grey area, technically illegal but practically not. To answer **klintypooh** ’s question, though: yes, you probably could film and watch it legally, because it seems that UK is one of those countries which makes an exception for private use in otherwise less permissive law, see [Section 45](http://www.opsi.gov.uk/acts/en2003/03en42-a.htm). ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [May 20, 2005, 1:27am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/18 "2005-05-20T01:27:47Z")
IIRC, Olivia Hussey couldn’t attend the premiere of \*Romeo and Juliet \* because of its rating, even though the bare breasts in the movie were _hers_. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [June 5, 2005, 4:03am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/19 "2005-06-05T04:03:05Z")
> [@silenus](#): > > IIRC, Olivia Hussey couldn’t attend the premiere of \*Romeo and Juliet \* because of its rating, even though the bare breasts in the movie were _hers_. Cite? Romeo & Juliet was rated **G** when it first came out! ---
**Author:** ![RM\_Mentock](https://avatars.discourse-cdn.com/v4/letter/r/e274bd/32.png) [@RM\_Mentock](https://boards.straightdope.com/u/RM_Mentock)\ **Post date:** [June 5, 2005, 4:26am UTC](https://boards.straightdope.com/t/my-porno-is-it-legal/304505/20 "2005-06-05T04:26:44Z")
> [@alphaboi867](#): > > Cite? Romeo & Juliet was rated **G** when it first came out! R ([Cite](http://imdb.com/title/tt0063518/trivia)) [Next page](https://boards.straightdope.com/t/my-porno-is-it-legal/304505.md?page=2)