# Titanic, American Pie, Child Porn **URL:** \ **Category:** Factual Questions\ **Created:** [June 6, 2003, 9:26am UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043 "2003-06-06T09:26:57Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 6, 2003, 12:52pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/21 "2003-06-06T12:52:20Z")
18 USC § 2256 defines “sexually explicit conduct” as showing on screen: > [@](#): > > (A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > (B) bestiality; > © masturbation; > (D) sadistic or masochistic abuse; or > (E) lascivious exhibition of the genitals or pubic area of > any person So the answer to, “…does Kate Winslet’s hand on the inside of the car window constitute a depiction of a minor engaged in sexually explicit conduct?” the answer is no. Criminal statutes must be strictly construed in favor of the accused. No reasonable fact-finder could conclude that a hand on a window is included in the above definition. The law doesn’t forbid a movie making an inference that a minor had sex – it prevents the movie from showing the minor having sex. - Rick ---
**Author:** ![Dunderman](https://avatars.discourse-cdn.com/v4/letter/d/ecb155/32.png) [@Dunderman](https://boards.straightdope.com/u/Dunderman)\ **Post date:** [June 6, 2003, 1:11pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/22 "2003-06-06T13:11:53Z")
> [@](#): > > \*Originally posted by richardc \* > **I have read this: The Child Pornography Prevention Act of 1996 amends the definition of child pornography to include that which actually depicts the sexual conduct of real minor children and _that which appears to be a depiction of a minor engaging in sexual conduct_.** So a short girl with very small breasts who wears pigtails and shaves her pubic hair isn’t allowed to be a porn star? ---
**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:** [June 6, 2003, 2:02pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/23 "2003-06-06T14:02:10Z")
My guess is that the “appearance” clause in Child Pornography Prevention Act of 1996 was not concerned about 18 year old actors playing younger characters. It was probably intended to cover situations where a clearly underage child was in a porno movie but couldn’t be identified. In a situation like that, you needed language making it possible to prosecute the filmmakers even if you couldn’t prove exactly how old the child was. The language would also serve to prohibit “soft core” child pornography where the sex acts were only being simulated. Which is not to say that overzealous prosecutors might not decide to make a name for themselves by following the letter rather than the spirit of the law. ---
**Author:** ![lexi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lexi/32/6806_2.png) [@lexi](https://boards.straightdope.com/u/lexi)\ **Post date:** [June 6, 2003, 2:17pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/24 "2003-06-06T14:17:48Z")
Another movie that seems to cross the line is “The Lover” or in french “L’ Amant” - [IMDB](http://us.imdb.com/Title?0101316) - IMDB gives her birthdate as 1973 and the films date as 1991 making her 18 at the time the film was released. I remember a controversy due to the actress playing a very young girl, and the film is very erotic, and very explicit. Having read the book and seen the movie, it is a very interesting movie, but I do think under today’s laws this movie would cross the line. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [June 6, 2003, 2:27pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/25 "2003-06-06T14:27:40Z")
> [@](#): > > \*Originally posted by Mr Sherbet \* > \*\*Using “Kate Winslett” and “Minor” in the same sentence is just wrong… Im not saying anything, just that when she went to one side of the Titanic the damn thing snapped… nothing MINOR about it. > _back to my hole_ \*\* Kate Winslet is NOT FAT!!! ARGH! Why do people keep saying that she is? :mad: Anyways, Kate was in her twenties when she made the film. Child pornography is not legally adults playing younger characters who happen to get naked, or even have sex. ---
**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:** [June 6, 2003, 3:54pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/26 "2003-06-06T15:54:02Z")
I’m surprised no one has mentioned the case of The Tim Drum. Which is far more explict than I imagine Titanic to be (I’ve seen the Tin Drum, but not Titanic). The actor in question is only a small chid. [http://www.wsws.org/arts/1998/oct1998/okc-o23.shtml](http://www.wsws.org/arts/1998/oct1998/okc-o23.shtml) By the way, Ms. Winslet looks great to me too! ---
**Author:** ![Mahaloth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mahaloth/32/1079_2.png) [@Mahaloth](https://boards.straightdope.com/u/Mahaloth)\ **Post date:** [June 6, 2003, 3:59pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/27 "2003-06-06T15:59:35Z")
Thora Birch shows her breasts in American Beauty. She was 17 when they filmed it. ---
**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\ **Post date:** [June 6, 2003, 4:36pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/28 "2003-06-06T16:36:28Z")
> [@](#): > > Olivia Hussey was fifteen when she played the role. [Juliet] Actually, she was seventeen and got mad at the director for spreading the 15-year-old bit because a couple guys she had dated shied away from her after that, thinking she was too young. ---
**Author:** ![Avarie537](https://avatars.discourse-cdn.com/v4/letter/a/48db29/32.png) [@Avarie537](https://boards.straightdope.com/u/Avarie537)\ **Post date:** [June 6, 2003, 9:34pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/29 "2003-06-06T21:34:26Z")
> [@](#): > > \*Originally posted by Mahaloth \* > \*\*Thora Birch shows her breasts in American Beauty. She was 17 when they filmed it. \*\* Yes, and her parents gave express written consent and were on-site during that part of the shoot. ---
**Author:** ![SonOfArizona](https://avatars.discourse-cdn.com/v4/letter/s/43a26b/32.png) [@SonOfArizona](https://boards.straightdope.com/u/SonOfArizona)\ **Post date:** [June 6, 2003, 10:50pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/30 "2003-06-06T22:50:39Z")
If anybody has seen the movie “Kids”… that has GOT to be child porn. The girl in the opening scene is supposed to be 12 (she could very easily pass for twelve) years old, and the sex that follows is very graphic. I believe you even see her nipple. There are other very young looking girls in this film that have scenes which would challenge any child porn law. But… I don’t know the actual ages of these girls. Anybody know anything about this? ---
**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\ **Post date:** [June 6, 2003, 11:00pm UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/31 "2003-06-06T23:00:31Z")
> [@](#): > > \*Originally posted by Mr Sherbet \* > \*\*Using “Kate Winslett” and “Minor” in the same sentence is just wrong… Im not saying anything, just that when she went to one side of the Titanic the damn thing snapped… nothing MINOR about it. > _back to my hole_ \*\* I think that’s probably the best place for you. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [June 7, 2003, 7:02am UTC](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043/32 "2003-06-07T07:02:28Z")
> [@](#): > > \*Originally posted by rogzilla \* > **I’m surprised no one has mentioned the case of The Tim Drum. Which is far more explict than I imagine Titanic to be (I’ve seen the Tin Drum, but not Titanic). The actor in question is only a small chid.** The actor in question, David Bennett, was 12 years old but very short for his age. And the older actress in that scene (where the character Oskar put his face against her crotch) was wearing a loin cloth. [Previous page](https://boards.straightdope.com/t/titanic-american-pie-child-porn/180043.md?page=1)