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The failure to abide by this regulation results in civil and criminal prosecutions. While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that "does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice (DOJ) defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material. It refers to pornography (defined as an image which "of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal") which is "grossly offensive, disgusting or otherwise of an obscene character", and portrays any of the following: Classified works are exempt, but an extract from a classified work, if the image was extracted for the purpose of sexual arousal, would not be exempt.To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers. Whether an image is "pornographic" or not is up to the magistrate or jury to determine simply by looking at the image; it is not a question of the intentions of those who produced the image.
The users need only verify their age with the verification service, which then issues a username and password that can access all sites that use its services.
Most age verification sites charge either a monthly or yearly fee to those wanting access to participating sites.
Serious injury is not defined by the act, but is up to the magistrate or jury.
The bill gives examples of acts which would be covered: depictions of hanging, suffocation, or sexual assault involving a threat with a weapon; the insertion of sharp objects into or the mutilation of breasts or genitals.
Within the United States, most websites have taken voluntary steps to ensure that visitors to their sites are not underage.
Many Web sites provide a warning upon entry, warning minors and those not interested in viewing porn not to view the site, and requiring one to affirm that one is at least 18 and wishing to view pornographic content.
Where (a) or (b) apply, the maximum sentence is 3 years; otherwise the maximum is 2 years.
Adults sentenced to at least two years will be placed on the Violent and Sex Offender Register. The dominant theme of the work as a whole must appeal to prurient interest in sex. The work must be patently offensive to contemporary community standards. The work must be without serious literary, artistic, political, or scientific value.
If an image is held in a person's possession as part of a larger series of images, the question of whether it is pornographic is also determined by the context in which it appears.
Therefore, an image might be legal in some contexts, but not in other contexts.
In response to an actress who tested positive to HIV in 1998, the Adult Industry Medical Healthcare Foundation was started.