Online text porn story?

[raymond4500332]

I've read a text story on the Internet about 3 girls who deeply love the same guy. The relationship between these 4 close friends goes on for years, starting from a very early age. The story gets explicit when the girls begin to expose their naked bodies to the guy. The girls start doing this when they are around 13. The guy does not refuse their sexual advances and rarely exposes himself to the 3 young ladies. Only after all 4 individuals are over 18 do any of then have sex with each other. No one is harmed or victimized. There are no visual depictions in this story, so technically, it is not child pornography. I would like to buy and download this ebook to my computer. Is this ebook still considered a form of child pornography?

 

[Michael Wechsler]

I've read a text story on the Internet about 3 girls who deeply love the same guy. The relationship between these 4 close friends goes on for years, starting from a very early age. The story gets explicit when the girls begin to expose their naked bodies to the guy. The girls start doing this when they are around 13. The guy does not refuse their sexual advances and rarely exposes himself to the 3 young ladies. Only after all 4 individuals are over 18 do any of then have sex with each other. No one is harmed or victimized. There are no visual depictions in this story, so technically, it is not child pornography. I would like to buy and download this ebook to my computer. Is this ebook still considered a form of child pornography?

It depends upon what the law is with regard to child pornography and there could be state and federal law in application. Let's take a quick look at Federal Law. This isn't going to be pretty:

United States Code TITLE 18 PART I CHAPTER 110

§ 2256. Definitions for chapter

For the purposes of this chapter, the term—
(1) "minor" means any person under the age of eighteen years;
(2)
(A) Except as provided in subparagraph (B), "sexually explicit conduct" means actual or simulated—
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;
(B) For purposes of subsection 8(B) [1] of this section, "sexually explicit conduct" means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;
(3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
(4) "organization" means a person other than an individual;
(5) "visual depiction" includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;
(6) "computer" has the meaning given that term in section 1030 of this title;
(7) "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
(8) "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
(9) "identifiable minor"—
(A) means a person—
(i)
(I) who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(B) shall not be construed to require proof of the actual identity of the identifiable minor.
(10) "graphic", when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and
(11) the term "indistinguishable" used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

 

[Michael Wechsler]

In looking at USC Title 18 Section 2256 the definition of child pornography seems to be a visual depiction as in film/pictures and not text-based materials. There are probably a number of understandable reasons for this in dealing with the exploitation of actual children, which someone's work of fiction in writing does not necessitate in the same way as actual photos and film footage.

 

[Michael Wechsler]

I found the following for the state of Texas. Let's see what it says and will highlight any relevant section in bold:

Chapter 43, Lone Star state Penal Codification, Subdivision 43.26, Possession or Publicity of Child Pornography:

43.26. POSSESSION OR PUBLICITY OF CHILD PORNOGRAPHY.
(a) A person pulls an discourtesy if:

(1) the person knowingly or intentionally possesses
visual material that visually shows a child younger than 18 years
of age at the clip the mental image of the child was made who is engaging in
sexual behavior; and
(2) the person cognizes that the material shows the
child as depicted by Subdivision (1).

(b) In this subdivision:
(1) "Promote" has the import deputed by Subdivision
43.25.
(2) "Sexual behavior" has the import deputed by
Subdivision 43.25.
(3) "Visual material" mean values:
(A) any moving-picture show, exposure, videotape, negative,
or microscope slide or any photographic reproduction that comprises or
integrates in any manner any moving-picture show, exposure, videotape,
negative, or microscope slide; or
(B) any saucer, floppy, or other physical medium
that permits an mental image to be exposed on a computer or other picture silver screen and any mental image transmitted to a computer or other picture silver screen by telephone positioned line, overseas telegram, orbiter transmission, or other method.

(c) The affirmative defending teams rendered by Subdivision 43.25(f)
also employ to a prosecution under this subdivision.
(d) An discourtesy under Subsection (a) is a felony of the third
grade.
(e) A person pulls an discourtesy if:
(1) the person knowingly or intentionally encourages or
possesses with intention to advance material depicted by Subsection
(a)(1); and
(2) the person cognizes that the material shows the
child as depicted by Subsection (a)(1).

(f) A person who possesses visual material that comprises six
or more identical visual characterizations of a child as depicted by
Subsection (a)(1) is assumed to possess the material with the
intention to advance the material.
(g) An discourtesy under Subsection (e) is a felony of the second grade.

 

[Michael Wechsler]

So it seems that state law follows the same general rule as federal law in considering child pornography to be the depiction of visual images. If your book contained images to go along with the text then there we are coming within the definitions of these statutes.

I can't speak on this subject further with the exception of issues like COPPA (Children's Online Privacy Protection Act) and I regularly deal with it and remove material from our sites and can do so, especially since they violate our terms of service.