Originally Posted by PhotoDave1
Ben, from what I understand (and I do very few nude or glamour nude shoots and no porn style photography of any kind) the key elements is that the photograph(s) have to be done in such a way that a persons genitals (and in the case of a female model I don't think breasts are counted as genitals) have to be exposed in such a way that a sexual reaction is evoked. I think also, if I read correctly, the genitals have to be a central and key part of the photo.
The problem I have is how do you determine who is going to react sexually in order for it to be considered a violation? You could for example have a Gynocologyst look at a set of photo(s) and nothing happen, just another day at the office. You could have a person who hasn't had sex in months look at the photo(s) and get a sexual reaction so what yardstick do you use?
This will all get sorted out eventually but my fear is that there are going to be some unsuspecting or naive photographers get caught up in this and wind up paying a serious price for a poorly written and documented law.
An interesting comparison.. about the OB/GYN and the (shall I say)
“celibate person“, but actually it could be just a personal viewpoint of what is explicit or what is arousing. These views might also vary from one geographical area to another.
I will give another example of what is covered in the recordkeeping law, in my un-lawlerly opinion, while trying to maintain some decorum in how I word this.
If someone posts an image of a couple that even simulates various acts, or of an individual where any "private parts" are visible, and it is perceived that the individual is participating in self satisfaction, those images are subject to the record keeping law. As I understand it, that also means exposed breasts, and other parts of the body do not necessarly have to be visible.
Another would be in the case of a figure study, especially where the face is not seen, but the person is posed in such a way that the pubic area is visible.