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The Child Protection and Obscenity Enforcement Act of 1988
Understanding The Child Protection and Obscenity Enforcement Act of 1988
Definition & Meaning
The Child Protection and Obscenity Enforcement Act of 1988 is a federal law in the United States that establishes strict regulations for producers of sexually explicit materials. The Act requires these producers to maintain accurate records proving the age of all models involved in their productions. This law aims to prevent the exploitation of minors and to ensure that individuals involved in adult content are of legal age.
Table of content
Legal Use & context
This Act is primarily used in criminal law, focusing on the production and distribution of sexually explicit materials. Legal practitioners may encounter this law when dealing with cases involving child pornography, obscenity, and related offenses. Individuals or businesses producing adult content must comply with the Act's requirements to avoid legal repercussions. Users can utilize resources like US Legal Forms to access templates for compliance documentation and related legal forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A production company creates adult films and must ensure that all actors have valid identification proving they are over 18 years old. They must keep these records on file for inspection.
Example 2: A website that hosts adult content receives a notice from federal inspectors. They must provide proof that all models featured on the site are of legal age, or face legal consequences. (hypothetical example)
Relevant laws & statutes
The Child Protection and Obscenity Enforcement Act of 1988 amends the Federal criminal code and is directly related to laws governing child pornography and obscenity. Other relevant laws include:
18 U.S.C. § 2251 - Sexual exploitation of children
18 U.S.C. § 2252 - Certain activities relating to material involving the sexual exploitation of minors
State-by-state differences
State
Key Difference
California
Stricter penalties for producers failing to maintain age verification records.
Texas
Additional state laws on distribution of obscene materials may apply.
New York
Specific regulations regarding the advertising of adult content.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Child pornography
Visual depiction of minors engaged in sexually explicit conduct.
Specifically targets minors, whereas the Act covers broader obscenity laws.
Obscenity
Material that violates community standards and lacks serious literary, artistic, political, or scientific value.
Obscenity laws apply to all ages, while the Act focuses on age verification for models.
Common misunderstandings
What to do if this term applies to you
If you are involved in the production or distribution of sexually explicit materials, ensure you:
Verify and document the age of all models.
Maintain records in compliance with federal law.
Consult US Legal Forms for templates to help with documentation and compliance.
If you face legal challenges or need clarification, consider seeking professional legal assistance.
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