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Barely Legal
coffee © 2005
But is it legal?
According to today’s legal definitions of obscenity, unless you do it in private, it probably isn’t.
In New York State any material or performance is considered "obscene" if the average person in your community would find it to be sexually lewd, or it depicts or describes (actual or simulated) sexual intercourse, criminal sexual acts, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and lacks serious literary, artistic, political, or scientific value. Images, videos, and public age play performances that involve sexual contact might be seen as a simulated depiction of child pornography even though all partners are adults. Obscenity in the third degree is a class A misdemeanor punishable by a fine of up to $1,000 and/or one year in jail with three years probation. Age play scenes often involve spanking or other aspects of BDSM, which also violate New York State laws "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.” New York Penal Law Section 235.00
Bizarre costume? That covers just about half the people in New York City. If you do a Google image search for "schoolgirl" (with the safe search option off) you will be almost guaranteed not to see any real schoolgirls. What you will see is page after page of scantily clad women in various sexual positions, and maybe a shot or two of Brittney Spears in her sleazy catholic school uniform.Three years ago Atty. Gen. John Ashcroft tried unsuccessfully to defend a statute in the “Child Pornography Prevention Act” which imposed heavy penalties on those who made or possessed images that looked like child pornography, such as pictures of adults purporting to be minors, Hentai, and computer-created images. The Supreme Court struck down the statute saying that “virtual child pornography” records no crime and creates no victims by its production. Child pornography laws are meant to protect minors, however no children are involved in age play. So for now, if you have sexy pictures of adults dressed like children on your computer you will most likely be safe from prosecution. Participating in age play scenes in the privacy of your own home, in New York State at least, is perfectly legal. Under New York State law, a sexual offense only occurs when acts are perpetrated against a victim without his or her consent. Luckily the last remaining consensual oral sex and sodomy laws, mainly used to prosecute homosexuals, were thrown out in a Supreme Court ruling last year.
Should you think twice about wearing your sexy schoolgirl outfit to your next public play party? Probably not, because the spanking scenes that occur in your local dungeon are totally consensual and hidden away from the members in your community who might find them obscene… It wouldn’t hurt to keep an eye on Ashcroft though.
(originally published in undermyskirt.org)