Legal Question About Writing

[brainyguy9999]

I've looked around on some writers boards, but they seem to all be so full of spam I doubt if my question would have any luck of getting answered. So, I thought I would pose this question here -- where I have read many thoughtful posts.

I am considering writing a book. The theme would include sexual situations. I had thought that the main characters would be high-schoolers, but I'm not sure if it is legal to write about minors having sex. If it is illegal, I can shift them to Freshmen in college. However, it would change the dynamics of the story somewhat.

Any guidance would be appreciated.


Stay nude.

bg

[brainyguy9999]

I've looked around on some writers boards, but they seem to all be so full of spam I doubt if my question would have any luck of getting answered. So, I thought I would pose this question here -- where I have read many thoughtful posts.

I am considering writing a book. The theme would include sexual situations. I had thought that the main characters would be high-schoolers, but I'm not sure if it is legal to write about minors having sex. If it is illegal, I can shift them to Freshmen in college. However, it would change the dynamics of the story somewhat.

Any guidance would be appreciated.


Stay nude.

bg

[nacktman]

It's been done before so I don't think it's illegal.

That is if you are writing from personal experiences and you are an adult, then it might get dicey ... if it is your rememberances you're most likely ok, if it's current events, then, well that's another ballgame.http://oakhurstonline.com/icon/shrug.gif

Best advise is change the names to protect the guilty. http://oakhurstonline.com/icon/wink3.gif

[Eric6420]

That's a good question.

I know that in the american remake of the gay UK tv program Qu*er as folk, the younger actor was 15 in the UK and he is 18 in the US version.

There is the movie Nico and Dani, a spanish movie where a 17 year old boy have sex with other boys and girls.

In any case, you should try to stay in a safe zone, espacially with the us administration now in charge .

It would be interesting to know what is the age of consent for sexual relations in your state. In Canada it is now 14 years old, but the conservative government will rise it soon to 16 years old.

I know that in Canada we are not supposed to describe minors having sex. But I do not know any writer who had problems with that, even if the law was criticized by the writers association of Quebec.

[David77]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">It would be interesting to know what is the age of consent for sexual relations in your state. </div></BLOCKQUOTE>
<center>Age of Consent

http://en.wikipedia.org/wiki/Age_of_consent_in_North_America </center>
<hr>

[Qikdraw]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eric6420:
In Canada it is now 14 years old, but the conservative government will rise it soon to 16 years old. </div></BLOCKQUOTE>

Isn't it 14 years old, but only if you're 16? In other words a 14 year old can have sex with a 16 year old, but no one older. I think its that two year gap until they reach 18.

I'm not positive, but thats what I thought it to be.

Qikdraw

[herooftime8]

High schoolers having sex in a story is nothing compared to some of the literature I've had the misfortune to come upon. One novel written by Robert Cormier included an incest scene.

The only recommendation I'd make is not to make it the focal point of the story.

[jon71]

Pretty much anything is legal writing wise. The internet has all sort of nonsense on it including some extreme and out there types of stuff. The problem won't be if it's legal to publish it the problem may be finding a company wanting to. Since you say it's not the main focus that implies you want a legit publisher not a porn one. That might make it tricky. Of course if you are posting on the internet or using a vanity press then you don't have to worry about whether an editor or publisher approves or not.

[Naturist Mark]

It would certainly be legal to write it. But it might not be legal to post it on the internet.

The Communcations Decency Act of 1996 made it illegal in the United States to post online - where it could be viewed by minors - any material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.

The act was used to prosecute people for posting sexually explicit stories. However the law was so overbroad that it was eventually overturned by the US Supreme Court.

Congress has passed a successor law, the Children's Internet Protection Act (CIPA) of 2000 which has been upheld as constitutional by the Supreme Court. Rather than regulating content posted online, CIPA regulates access by requiring filtering software in school and library computers.

However, that doesn't mean that you are free to legally post anything you want online. Obscene material is still illegal in the US under all circumstances, and furthermore local jurisdictions can prosecute you under their own definition of obscenity derived from their local "contemporary community standards". Under US law purely textual depictions of sexual activity among minors is not illegal - so long as it doesn't rise to the level of obscenity - which is essentially undefinable.

My non-lawyer opinion is that your subject matter is legal, but you are advised to refrain from explicit sexual descriptions.

Wikipedia - Communications Decency Act (http://en.wikipedia.org/wiki/Communications_Decency_Act)
Wikipedia - Child Pornography (http://en.wikipedia.org/wiki/Child_porn)

-Mark

[Bob S.]

There are plenty of sexually-based books out there for teens. I am a member of a children's literature email group and can ask them for their opinions about this.

In the meantime, see this article from the post gazette (http://www.post-gazette.com/pg/05175/528029.stm) about the increasing sexual themes in young adult literature.

But for my opinion, I doubt there is any oroblem with it. As for the legality of it, at least in the US, written descriptions of underage sex are legal.

Bob S.

[brainyguy9999]

All -- Thanks for all of the responses.

Bob S. -- Thanks for the link to the article. At least kids are reading more these days, right? http://oakhurstonline.com/icon/happy.gif


Since my book will focus on how easily naive people can be brainwashed, the perfect group (for me) to focus on is the 16 - 18 year old group. Since it seems that it is not illegal to write books with underage sex in them, I will proceed with my brainchild.

I'm in the draft stages right now, but I'll let you know when it gets published so you can run out and buy a copy! Or 10.


Thanks again.


Stay nude.

bg

[usmc1]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by brainyguy9999:
All -- Thanks for all of the responses.

Bob S. -- Thanks for the link to the article. At least kids are reading more these days, right? http://oakhurstonline.com/icon/happy.gif


Since my book will focus on how easily naive people can be brainwashed, the perfect group (for me) to focus on is the 16 - 18 year old group. Since it seems that it is not illegal to write books with underage sex in them, I will proceed with my brainchild.

I'm in the draft stages right now, but I'll let you know when it gets published so you can run out and buy a copy! Or 10.


Thanks again.


Stay nude.

bg </div></BLOCKQUOTE>

Here's the deal. Currently (please read that as all caps, bold, underlined)writen depictions of child sex, pre-teen sex and so forth remain protected. You may write anything you want, child-child, child-adult, child-animal, and all the various permutations that might arise.

You may not offer actual photographs, or photgraphs which have been edited to make it a appear that a juvenile is engaged in such activities, and while artistic renderings such as drawings or paintings may or may not be protected, the weight of current jurisprudence is that they also are prohibited.

You can write about it, but you may not present it in photographic form or as drawings or paintings.

This is something you need to discuss with your agent and/or publisher. If you do not have an agent, you need to very quickly submit inquiries and get one.

You are venturing into an area in which a well-meaning but misguided and over zealous person could create some major havoc in your life.

Do not rely on anything you read online as your source. I write and act professionally and stay current and my advise should be pretty solid. But, even if what you're writing is protected, some local yokel could create enough emotion and heat for you that you might regret it.

Get an agent!

[Bob S.]

usmc:"while artistic renderings such as drawings or paintings may or may not be protected, the weight of current jurisprudence is that they also are prohibited."

Actually, the Supreme Court case (http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=00-795) that declared the CPPA (1996) unconstitutional also found that artistic depictions of underage sex in the forms of drawings, paintings, and computer generated images are legally protected.

Of coures photographs of actual underage sex are still illegal. I haven't read all of it nor have I had time to really understand all of the implications, but I do believe that in some situations, edited photos that make it seem as underage sex is occurring is also illegal.

You are, however, allowed to portray in photography or movies adults in sexual acts acting as underage teens.

As for finding a publisher bg, do some research and look at some of the books already out there that deal with sexual issues. This would require going into the YA section of a large bookstore for the widest selection and looking at the publishing companies of those books.

bg, tomorrow I'll give you the website of the email group of which I am a member. This group has lots of published authors, libratians, bookstore workers, teachers, and various other children's literature fans. I know we have had this topic in the past.

Bob S.

[Bob S.]

As promised brainguy, the web address for the email group. Childlit (http://www.rci.rutgers.edu/%7Emjoseph/childlit/about.html)

But be warned, it can have as many as 50 messages per day. There is a way to get digest form or get no email so you have to look at the website only.

Bob S.