18 USC § 2256 defines “sexually explicit conduct” as showing on screen:
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.
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.
Another movie that seems to cross the line is “The Lover” or in french “L’ Amant” - IMDB - 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.
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.
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.
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.
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?
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.