# Porn Statutes? **URL:** \ **Category:** Factual Questions\ **Created:** [March 25, 2004, 5:43am UTC](https://boards.straightdope.com/t/porn-statutes/236297 "2004-03-25T05:43:31Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![Alien2022](https://avatars.discourse-cdn.com/v4/letter/a/e19adc/32.png) [@Alien2022](https://boards.straightdope.com/u/Alien2022)\ **Post date:** [March 25, 2004, 5:43am UTC](https://boards.straightdope.com/t/porn-statutes/236297/1 "2004-03-25T05:43:31Z")
So, this is just one of those random questions that I feel I must ask. You have to be 18 to purchase/view pornography in the United States as established by some federal statute I’m guessing? Correct me if I’m wrong. So what if you’re under 18 and found to be in possession of the aforementioned materials? Can you be charged with anything? Can you be jailed? What are the legal ramifications? Or is it one of those thing, where if you’re found with it, they don’t really care? I’ve never heard of a minor getting busted for porn, but I could be wrong. On another subject, but still related, could a minor be considered a pedophile? Henceforth charged with the subsequent charges if the said minor was found to be in possession of child pornograpy? Or would it just be dropped? What about alcohol? I really need to find some time to read up on my local statues… But I’m just so damn lazy… ---
**Author:** ![Improv\_Geek](https://avatars.discourse-cdn.com/v4/letter/i/b3f665/32.png) [@Improv\_Geek](https://boards.straightdope.com/u/Improv_Geek)\ **Post date:** [March 25, 2004, 5:52am UTC](https://boards.straightdope.com/t/porn-statutes/236297/2 "2004-03-25T05:52:57Z")
Alcohol, as I understand it, is punishable by jail time if extreme enough. As for porn, I don’t know. I think it’s a fining offense but I’m not sure. As for a child being a pedophile. By definition, a pedophile must be an adult. So it is not that the child would be a pedophile, but he would still be to young to engage in such activities. But I’m not in any way qualified to give law answers, so this is just my 2 cents. ---
**Author:** ![Badge](https://avatars.discourse-cdn.com/v4/letter/b/4bbf92/32.png) [@Badge](https://boards.straightdope.com/u/Badge)\ **Post date:** [March 25, 2004, 7:14am UTC](https://boards.straightdope.com/t/porn-statutes/236297/3 "2004-03-25T07:14:42Z")
> [@Alien2022](#): > > You have to be 18 to purchase/view pornography in the United States as established by some federal statute I’m guessing? Correct me if I’m wrong. So what if you’re under 18 and found to be in possession of the aforementioned materials? Actually, I have searched and have never found any law against a minor possession pornography. It is illegal for someone to provide pornography to a minor, however. Maybe some other states have law prohibiting possession, but not in Washington state. > [@](#): > > On another subject, but still related, could a minor be considered a pedophile? Henceforth charged with the subsequent charges if the said minor was found to be in possession of child pornograpy? Or would it just be dropped? First, anyone can be a pedophile. That is merely someone who is sexually attracted to children. That would be tough to define when the subject is a child as well, but I believe it could be applied. Being a pedophile is not a crime. It is only if you act on that attraction that a crime is committed. Whether or not someone is a pedophile has no bearing on whether they would be charged with possession child porn. And yes, someone under 18 can be charged with possession child pornography. > [@](#): > > What about alcohol? I’m guessing that you’re asking if there is a federal law about minors possessing alcohol. I don’t think that there is a chargable offense under federal law, but a few years ago the federal government threatened to withhold funding from any state that didn’t change the legal drinking age to 21. And there are tons of state laws controlling minors and alcohol. ---
**Author:** ![jovan](https://avatars.discourse-cdn.com/v4/letter/j/0ea827/32.png) [@jovan](https://boards.straightdope.com/u/jovan)\ **Post date:** [March 25, 2004, 7:20am UTC](https://boards.straightdope.com/t/porn-statutes/236297/4 "2004-03-25T07:20:10Z")
I hope I’m not the only one who read the title as “porn **statues** ”. I was going to say something to the effect that sculptures are a bit hard to hide under the mattress. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [March 25, 2004, 7:45am UTC](https://boards.straightdope.com/t/porn-statutes/236297/5 "2004-03-25T07:45:40Z")
> [@Alien2022](#): > > You have to be 18 to purchase/view pornography in the United States as established by some federal statute I’m guessing? Correct me if I’m wrong. There is no such federal statute. State laws and local laws, yes. ---
**Author:** ![zut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zut/32/2875_2.png) [@zut](https://boards.straightdope.com/u/zut)\ **Post date:** [March 25, 2004, 12:43pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/6 "2004-03-25T12:43:10Z")
> [@jovan](#): > > I hope I’m not the only one who read the title as "porn **statues** No offense to a quite fine OP, but the only reason _I_ clicked on this thread was because I was thinking “where the _Hell_ does this guy live, and what does the yard out in front of the courthouse look like there?” ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [March 25, 2004, 1:17pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/7 "2004-03-25T13:17:30Z")
1. In most states it is illegal to sell porn to minors (I would say all, but I haven’t checked). This is so because courts have held that minors may be protected from non-obscene material. Here is a statute on point: > [@](#): > > 722.675 Disseminating sexually explicit matter to minor; felony; penalty. > Sec. 5. > > (1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following: > > (a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors. > > (b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors. > (2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated. > > (3) A person knows the nature of matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content. > > (4) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age. > > (5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant’s commercial activity in disseminating sexually explicit matter to minors. Of course, there is also the catch-all crime: contributing to the delinquency of a minor. 1. There are First Amendment limits to the state’s police power, though: [http://legal.web.aol.com/decisions/dldecen/engler.html](http://legal.web.aol.com/decisions/dldecen/engler.html) 1. I have not seen a statute prohibiting minors from possessing pornography. The SCOTUS has ruled that a state may not prohibit an adult from possessing ordinary obscene material. In other words, an adult may possess pornography that it would be illegal for a store to sell to the adult, as long as it is not child pornography. And as long as the adult has the pornography in the adult’s home. I doubt the same rules would be applied to children, but I haven’t thought it through. 2. Being a pedophile is not a crime. Selling, delivering, or possessing child porn is. I don’t believe that there are kiddie exceptions to the statutes, but the prosecution of minors is governed by different rules than the rules that apply to adults. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [March 25, 2004, 1:40pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/8 "2004-03-25T13:40:56Z")
OK: There is no federal statute that forbids _you as a minor_ from being in possesion of (otherwise-legal) porn. There ARE Federal statutes that impose upon the _creators and marketers_ of porn a prohibition on having people under 18 in the porn, and various obligations to avoid giving minors access to that porn. But the majority of the penal regulations in the USA are imposed at the state level. The various states, territories and localities may, and many do, impose more specific restrictions. A minor found in possesion of (otherwise-legal) porn could become the subject of an investigation by the local Family Services or Child Protection departments as to how this came about, with a de-facto focus on trying to find and nail the adult presumedly responsible for it. But he himself would not be an offender just by simple possesion. As **Gfactor** mentions, the crime is not being a pedophile, it’s child molestation or child pornography. In that case, a minor engaged in distribution, transportation, possession of child-porn, or who sexually assaults another minor, _could_ be processed by the _juvenile_ justice system, depending on what the inquiries reveals as to how this came about. Just as he can be processed for just about every other felony. ---
**Author:** ![smam](https://avatars.discourse-cdn.com/v4/letter/s/46a35a/32.png) [@smam](https://boards.straightdope.com/u/smam)\ **Post date:** [March 25, 2004, 2:40pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/9 "2004-03-25T14:40:58Z")
> [@jovan](#): > > I hope I’m not the only one who read the title as “porn **statues** ”. Yeah I only came in here to say " Not on my lawn, mister. I already have a water feature and I can’t begin to imagine how much yoghurt that thing goes through in an afternoon" ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [March 26, 2004, 1:57pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/10 "2004-03-26T13:57:58Z")
> [@jovan](#): > > I hope I’m not the only one who read the title as “porn **statues** ”. Yep, me too. I was imagining the possibilities of a really naughty fountain . . . ---
**Author:** ![Achilles](https://avatars.discourse-cdn.com/v4/letter/a/dc4da7/32.png) [@Achilles](https://boards.straightdope.com/u/Achilles)\ **Post date:** [March 26, 2004, 2:18pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/11 "2004-03-26T14:18:48Z")
I think what the OP meant is, would “the law” take a nonchalant view of a 13 year old boy viewing sexual pictures of a 13 year old girl. I.e., even though he is still in possession of “child-porn”, at his stage of life, “the perp’s” interest in 13 year old girls is quite natural. My two cents is that the powers that be would do their best to investigate the matter to find the origin of the offending material, not to prosecute the child. YYMV, though. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [March 26, 2004, 3:19pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/12 "2004-03-26T15:19:11Z")
If I understand the OP, the question is: can a minor be prosecuted for violating laws about underage activities? The answer, as with a lot of legal questions, is going to depend on what jurisdiction you’re talking about. Many jurisdictions now have laws allowing minors to be prosecuted as adults for certain crimes. Presumedly some of these jurisdictions include pornography and underage drinking as such crimes. ---
**Author:** ![mordecaiB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mordecaib/32/7725_2.png) [@mordecaiB](https://boards.straightdope.com/u/mordecaiB)\ **Post date:** [March 26, 2004, 7:08pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/13 "2004-03-26T19:08:12Z")
> [@Achilles](#): > > I think what the OP meant is, would “the law” take a nonchalant view of a 13 year old boy viewing sexual pictures of a 13 year old girl. I.e., even though he is still in possession of “child-porn”, at his stage of life, “the perp’s” interest in 13 year old girls is quite natural. > > My two cents is that the powers that be would do their best to investigate the matter to find the origin of the offending material, not to prosecute the child. YYMV, though. Something like this just happened here last week. A group of kids, 14 to 16 year olds, had each taken nude pics of themselves and sent them to each other. One of the parents found the pictures and notified the police. Once the police determined that there were no adults involved, they stopped the investigation, leaving the punishment up to the parents. ---
**Author:** ![xvxdarkknightxvx](https://avatars.discourse-cdn.com/v4/letter/x/34f0e0/32.png) [@xvxdarkknightxvx](https://boards.straightdope.com/u/xvxdarkknightxvx)\ **Post date:** [March 26, 2004, 10:23pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/14 "2004-03-26T22:23:14Z")
I always liked the question of what would happen to a boy who took naked pictured of himself at say, age 13, and hept the pictures into adulthood. If someone found the naked pictures of himself, could he get tried for child porn? I don’t remember the answers given, though. ---
**Author:** ![Mister\_Rik](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mister_rik/32/491_2.png) [@Mister\_Rik](https://boards.straightdope.com/u/Mister_Rik)\ **Post date:** [March 26, 2004, 11:26pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/15 "2004-03-26T23:26:54Z")
> [@Little Nemo](#): > > Many jurisdictions now have laws allowing minors to be prosecuted as adults for certain crimes. Presumedly some of these jurisdictions include pornography and underage drinking as such crimes. LOL - okay, I know you didn’t intend this to be funny, but… prosecuting a minor as an adult for _underage_ drinking… 😃 > [@xvxdarkknightxvx](#): > > I always liked the question of what would happen to a boy who took naked pictured of himself at say, age 13, and kept the pictures into adulthood. If someone found the naked pictures of himself, could he get tried for child porn? I don’t remember the answers given, though. A few years ago a female friend, who was close to my age (30s), from across the country sent me several nude photos of herself. One of those photos depicted her topless at the age of 16, or so she claimed, and was shot by a similarly-aged friend. It certainly wasn’t “obscene”, as there was nothing provocative about her pose, and probably wouldn’t have met the definition of “child porn”. However, I decided it would be best to not keep the photo. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [March 27, 2004, 12:07am UTC](https://boards.straightdope.com/t/porn-statutes/236297/16 "2004-03-27T00:07:36Z")
> [@jovan](#): > > I hope I’m not the only one who read the title as “porn **statues** ”. What!? No pigeon or pigeon poop jokes? 😃 ---
**Author:** ![FilmGeek](https://avatars.discourse-cdn.com/v4/letter/f/b19c9b/32.png) [@FilmGeek](https://boards.straightdope.com/u/FilmGeek)\ **Post date:** [March 27, 2004, 5:20pm UTC](https://boards.straightdope.com/t/porn-statutes/236297/17 "2004-03-27T17:20:10Z")
I got a job at a video store with a porn section when I was 16. I wasn’t allowed to even touch the “black book” that people would look through to pick out their porny selections. I wasn’t even allowed to move it for cleaning… weird. Workers who were 18 were allowed to rent the porn out to people, but they were not allowed to take it home themselves. You had to be 21 to do that, I don’t know if that was a law or a rule of the ‘interesting’ owners. (they had an extensive porn rental collection but wouldn’t get some films that were too “racy”, such as Kids). I got to college in a different state and the porn rule was 18 to rent. This is apparently now the rule in my home state too. I did some googling and the age seems to be 18 everywhere I checked.