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illegal in certain states - 3/28/2008 9:59:05 AM   
sillyfool


Posts: 286
Joined: 11/20/2007
Status: offline 		i have a question that i have been searching the answer to on and off for quite some time.  So i am wondering if anyone can help me.  i live in north carolina and i come to sites that have a statement posted like the following:

This site contains educational BDSM content, with a focus on BDSM whip instruction and scene development.  This site contains material intended for ADULTS who are over the age of 18. If you are under 21 years of age and you do enter, you may be violating local, state or federal law. Access may be prohibited in certain states/countries. If your local laws forbid sexually explicit material, please leave. This includes Tennessee, Utah, North Carolina, Kentucky and Florida. In other areas of the world, the material contained herein may be banned entirely. It is YOUR responsibility to find out the age requirement and legality of this site as it applies to YOU at your location. If sexually explicit material, S/M and other fetish activities offends you; if you are underage; if this type of material is banned in your area; or if it is illegal for you to view this material for any other reason, please hit the 'back' button in your browser. By entering the site, you declare and affirm the following: 1. I am at least 18 years of age. 2. I will not redistribute any material from this site. 3. I will not allow any minors to access this site or any material found herein. 4. Any material I use from this site is for my own personal use, I will not show it to a minor. 5. Sexually explicit material depicting S/M and other fetish activities is allowed by the local law governing my region. I do not live in the states of Tennessee, Utah, North Carolina, Kentucky or Florida. 6. I was not contacted by the suppliers of this material and I willingly choose to view it. 7. I agree that pictures depicting graphic or sexually explicit activity are not obscene or offensive in any way. In addition I do not believe that such material could be considered obscene or offensive. 8. I certify that I am not a city, county, state or official federal law enforcement officer, foreign official, or inspector for the U.S. Postal Service, entering this site for the purpose of entrapment, or ordering adult material as evidence for the prosecution of, or harassment of any individual or organization. 9. I have carefully read the above statements and agree to all of them.   

i would like to read what exactly these laws state and i can not find them for the life of me.  Please do not give me general sites and tell me to look through it, like http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl as i have searched all through these types and could not find what i am looking for.

Thanks  ~silly

< Message edited by sillyfool -- 3/28/2008 10:00:13 AM >
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RE: illegal in certain states - 3/28/2008 10:05:55 AM   
Justme696


Posts: 3236
Joined: 1/7/2008
From: Royal kingdom of the Netherlands
Status: offline 		Many websites just state this to keep them out of problems. Mostly they are overdone.
It is similar to "when you enter this website you agree, to never blame us of any mistakes we make".
This is false "safety" ofcourse for the website owners.

I am from The NEtherlands, so I don't know other countries laws
quote:

  If your local laws forbid sexually explicit material, please leave. This includes Tennessee, Utah, North Carolina, Kentucky and Florida.

but..can you buy porno magazins in your state?  if yes..then this rule has no meaning. If no...then don't watch it.

Or...    cough ...use proxies....cough

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RE: illegal in certain states - 3/28/2008 11:41:52 AM   
Maya2001


Posts: 1656
Joined: 8/22/2007
From: Woodstock ONT,CANADA
Status: offline 		Hmmm  this link  about charges  in  regards to a dungeon  read about the difficulting in deciding to lay charges
http://www.msnbc.msn.com/id/12102319/

This site has a lot of law links  and legal resources as well as documented court cases if you want to dig around in it http://www.evilmonk.org/A/law00.cfm

There are a lot of dumb and stupid  legal laws still on the books but many are not going to be enforced

for example this one in North Carolina  If a man and a woman who aren’t married go to a hotel/motel and register themselves as married then, according to state law, they are legally married. http://www.dumblaws.com/laws/united-states/north-carolina

Imagine trying to enforce this one with some guy that picks up a prostitute or if a man was already married and took some other woman to a motel and register as married now becomes legally married to 2 women  and guilty of breaking another law by default


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RE: illegal in certain states - 3/28/2008 11:56:04 AM   
CreativeDominant


Posts: 11032
Joined: 3/11/2006
Status: offline 		In most states, there are laws on the book that have not been dealt with in terms of getting rid of them due to obscurity, vagueness of statements, or being out-of-date.  Colorado has certain laws on the books that make no sense and are hardly ever enforced but that is a key phrase...hardly ever.  In Boulder, they put a woman in jail for dying her French poodle's hair pink because in Boulder, you cannot own your pet...you can only be its' caretaker...and therefore, her dying of the hair was an embarassment for the dog. 

If they sell porno in your state, if they sell adult toys and devices in your state, then you are probably safe.  If you are worried about your specific jurisdiction, then you might want to call a legal aid center.  They are confidential and can probably answer your question pretty thoroughly.

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RE: illegal in certain states - 3/28/2008 12:07:25 PM   
Maya2001


Posts: 1656
Joined: 8/22/2007
From: Woodstock ONT,CANADA
Status: offline
quote:

In Boulder, they put a woman in jail for dying her French poodle's hair pink because in Boulder, you cannot own your pet...you can only be its' caretaker...and therefore, her dying of the hair was an embarassment for the dog.


.though  above the law has gone  overboard  at least better than many states where they simply  lump pets in with livestock laws ...

this law is for cat owners in Sterling, Colorado  ---  Cats may not run loose without having been fit with a taillight.  LOL I guess okay to embarrass the cats  lol




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RE: illegal in certain states - 3/28/2008 12:16:33 PM   
chaosforge


Posts: 397
Joined: 3/25/2007
From: The Abyss
Status: offline 		wow.
bad news for bob-tailed cats.
wait, bad news for cats all arround.
-just phoenix

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RE: illegal in certain states - 3/28/2008 12:26:19 PM   
giveeverything


Posts: 348
Joined: 9/4/2007
Status: offline 		Actually, Utah has laws about what kind of pornography can be bought and sold (hard core -- no no... soft porn --okay... Hooters Restaurant -- Hell Yea!).  That's why if you go across the border into Evanston, Wyoming there is such a big market for porn... Utahns buy it and export it back (as well as kegs).  So far, though, I've never heard of anyone being prosecuted for accessing a website from Utah.... (crossing my fingers on this one).

< Message edited by giveeverything -- 3/28/2008 12:27:01 PM >

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RE: illegal in certain states - 3/28/2008 12:35:52 PM   
chaosforge


Posts: 397
Joined: 3/25/2007
From: The Abyss
Status: offline 		for example this one in North Carolina  If a man and a woman who aren’t married go to a hotel/motel and register themselves as married then, according to state law, they are legally married. http://www.dumblaws.com/laws/united-states/north-carolina

Imagine trying to enforce this one with some guy that picks up a prostitute or if a man was already married and took some other woman to a motel and register as married now becomes legally married to 2 women  and guilty of breaking another law by default

[/quote] hmm, me thinks there might be a loop-hole for polys here...

_____________________________

Chaosforge
All begins in chaos and all will end in chaos.
I am that which has always been and will always be.
CHAOS !!!

I am Legion, for we are many.

(in reply to Maya2001)
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RE: illegal in certain states - 3/28/2008 1:28:22 PM   
ifyoudontknow


Posts: 30
Joined: 1/28/2008
Status: offline 		I agree about there being so many obscure laws that need to be weeded out for just plain silliness.  Here in Oklahoma there is a law on the books that makes Whale Hunting illegal.. o.0  umm... when was that a problem i wonder?

enquiring minds want to know..

mel

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RE: illegal in certain states - 3/28/2008 1:34:24 PM   
Phin


Posts: 1802
Joined: 2/26/2007
Status: offline 		why has North Carolina got to keep coming up...

copy and pasted streight from the dumb laws site about NC...

While having sex, you must stay in the missionary position and have the shades pulled.

now to quote Rob Halford "Breakin the law, breakin the law"

edited to add this law: Oral sex is considered a crime against nature.

see Judas Preist lyrics again...

< Message edited by Phin -- 3/28/2008 1:37:02 PM >

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RE: illegal in certain states - 3/28/2008 2:00:03 PM   
sillyfool


Posts: 286
Joined: 11/20/2007
Status: offline 		Thanks for the replies, but those of you who are posting laws you are hanging on the 'dumb law' stuff.. iv read that website awhile ago and i think there is more to it than some [what we view these days as] silly laws written a long time ago.  i am asking seriously and not just rambing on to post anything becuase i felt like typing something for people to waste their time reading--no, im sincerely asking if anybody knows of legitimate laws that are being enforced these days.

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RE: illegal in certain states - 3/28/2008 2:05:18 PM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		I read thru what I believe is the appropriate section of the state code.  It has to do with crimes against nature, and sadomaschism is specifically included. The part I was having a hard time wrapping my brain around at the moment was the part that looks like it says that if it is delivered in a manner that COULD be accessible to a minor, it is a crime (I'm paraphrasing).

Cali


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RE: illegal in certain states - 3/28/2008 2:09:33 PM   
sillyfool


Posts: 286
Joined: 11/20/2007
Status: offline
quote:

ORIGINAL: CalifChick

I read thru what I believe is the appropriate section of the state code.  It has to do with crimes against nature, and sadomaschism is specifically included. The part I was having a hard time wrapping my brain around at the moment was the part that looks like it says that if it is delivered in a manner that COULD be accessible to a minor, it is a crime (I'm paraphrasing).

Cali



Where is that portion of the state code?  i would love a link to it, i have not been able to weed out anything like that.

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RE: illegal in certain states - 3/28/2008 2:18:58 PM   
MistressVnus


Posts: 1036
Joined: 1/4/2008
From: Central Florida
Status: offline
quote:

in Oklahoma there is a law on the books that makes Whale Hunting illegal


Oh...my sick sense of humor is really being reigned in here.


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Mistress Venus
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RE: illegal in certain states - 3/28/2008 2:24:13 PM   
ifyoudontknow


Posts: 30
Joined: 1/28/2008
Status: offline 		lmao... hmm.. no let it out.. pleeeeease.. don't rein it in!!

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RE: illegal in certain states - 3/28/2008 2:25:36 PM   
Gemini1766


Posts: 991
Joined: 3/7/2008
Status: offline 		The case that went to the Supreme Court a few years back where two homosexual males were arrested for sodomy pretty well killed all the sodomy laws in the country the way the decision was brought down.

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RE: illegal in certain states - 3/28/2008 2:29:05 PM   
MistressVnus


Posts: 1036
Joined: 1/4/2008
From: Central Florida
Status: offline
quote:

lmao... hmm.. no let it out.. pleeeeease.. don't rein it in!!


You got it.  So, point made.  Besides, I don't need Moderator 11 after my ass.  That's one mean MoFo. *chuckle*


_____________________________

In the ties that bind,
Mistress Venus
http://www.mistressvenus.com

"I'm not IN the lifestyle. The lifestyle is in Me!"

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RE: illegal in certain states - 3/28/2008 2:31:15 PM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		Have you read GS 19 - Offenses Against Public Morals? Section 1.2 on "types of nuisances" and Section 1 on "what is a nuisance".  Specifically, I believe where it says "buildings or place", place has been defined elsewhere (case law maybe) to include the internet. Under definitions in Section 1.1(2)b.3, it says "Lewd matter is synonymous with obscene matter and means any matter which depicts patently offensive representations of ... masochism or sadism." Item (3) of that same section includes possession of lewd matter.

Interestingly enough, in article 2 of that section, "sadomasochistic abuse" includes the state of being clothed: "Sadomasochistic abuse"–Flagellation or torture by or upon a person clad in undergarments, a mask or a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

The part about possible dissemination to minors, I believe came from a discussion (that I can't find now!) on Article 2 in Section 19-20(b)1, where it talks about you are not guilty if someone presented evidence they were over 18, such as a birth certificate, drivers license, or other official document. Since you can't do that over the internet, you can't prove anyone is of age.

I'm not sure I'm making sense here (was up late with a sick wee person).

Cali


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AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

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RE: Illegal in certain states - 3/28/2008 2:32:57 PM   
amayos


Posts: 1553
Joined: 6/2/2004
From: New England
Status: offline
quote:

ORIGINAL: sillyfool

i have a question that i have been searching the answer to on and off for quite some time. So i am wondering if anyone can help me. i live in north carolina and i come to sites that have a statement posted like the following:

TThis site contains educational BDSM content, with a focus on BDSM whip instruction and scene development. This site contains material intended for ADULTS who are over the age of 18. If you are under 21 years of age and you do enter, you may be violating local, state or federal law. Access may be prohibited in certain states/countries. If your local laws forbid sexually explicit material, please leave. This includes Tennessee, Utah, North Carolina, Kentucky and Florida.

i would like to read what exactly these laws state and i can not find them for the life of me.


I would not worry too much about it. The quote may be referring to some very old and obscure laws in the states it references, and is there simply to secure liability from those forces in the world which are "creatively fragile" where adult material is concerned.

Having designed a few adult sites myself, I know the 18 USC 2257 compliance issue is a considerable worry for site owners. Many adult sites have made their gateway disclaimer as iron clad as possible. This includes wording such as, if the above described material offends you or if it is illegal to view such material in your community, please do NOT attempt entering this site, just to absolve them from any trauma little Annie suffers when she "accidentally visits" their site while surfing on the clubhouse computer in her Soldiers for Jesus community compound.



< Message edited by amayos -- 3/28/2008 2:33:50 PM >

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RE: Illegal in certain states - 3/28/2008 2:53:16 PM   
SageFemmexx


Posts: 240
Joined: 1/2/2007
Status: offline 		Oklahoma has alot of dumb laws. It was illegal to nurse your baby in public until Governor Brad Henry just recently made it legal. My nursing moms used to have "nurse ins" just to make the local OKC cops crazy. They were often told the only appropriate place to breastfeed was in the bathroom because milk is a bodily secretion.

I think alot of these legislators need a life or at least a hobby. Who else has the time to sit around thinking of dumb ways to regulate the public?Afterall we also have the notable Sally Kern insisting that gay people are worse than terrorists--can Oklahoma get anymore backwards?

Sage.

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