Hi everyone, i have a question, when you create a girl for a porn game, what is the age restriction? when is considered underage (phedopile theme??) like putting a 15 yo girl is wrong? ( to be clear all is digital, nothing real)
female age restriction
- Thread starter John999
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- Jul 5, 2017
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Depends on the country. But if your main market is in the US and Canada, its 18 to be legal. If you plan on having your game be on this site. But you could probably get away with 16-17 but I could be wrong.
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If you are within this, you can post your game on here.
- Jul 25, 2017
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It's a lot less gray than that. (At least in the US)
Section 1466A of Title 18, USA Code
- makes it illegal for any person to knowingly produce, distribute, receive, or possess with intent to transfer or distribute visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct and are deemed obscene.
This is an incomplete form for the law, since it includes artistic works, but you get the idea; it's illegal. The Supreme Court has also used what's known as the "
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" test. Meaning -1. Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest.
Basically meaning, whether or not a person in the general public would consider the item in question to be of pornographic nature. So, check. (It is porn after all)
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law.
Meaning, whether or not the individual would be having sex, or genitalia would be involved in any way. It's porn so, double check.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
To be fair, if it's really artistic you may be able to avoid the 'check' here, since it could have some artistic value, however the Miller test only requires 2/3 of the tests to be true.
There's a number of genetic disorders including turner syndrome that delay a persons puberty. People have tried to depict their characters having this disorder(and failed, I might add), to try and circumvent US law. The overwhelming vast majority of developers put 'All depictions of any characters are at least 18 years of age', just to avoid the gaze of the government. I highly recommend everyone else do the same.
- Jul 5, 2017
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- Aug 6, 2016
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Don't forget content.. if you're aiming to make it 18+ and everybody's in middle school or high school and you specifically say they attend "Anthony Weiner High School" or "Jeffery Katzenberg Middle School", then that content will actually make your disclaimer invalid. Same is true if you mention they look 12 or they were born 14 years ago.. that content will also make your disclaimer false. You have to follow the disclaimer.
- Jul 25, 2017
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I disagree, sort of. Many people graduate highschool at the age 18, so that by itself isn't enough to regard the disclaimer as invalid. Middleschool may also be an acceptable concept if you explain specifically that by 'middleschool' you mean the middle portion of school, where the third part would be something like college.
But yea, definitely pay attention to your disclaimer and make sure it's ironclad, just to be safe.
- Jun 10, 2017
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Note that this will not protect you in at least some European countries and Australia (if I remember correctly). In these countries the law states that, whatever the age, and whatever it's drawing, live or 3D models, if it look like a child, then it promote pedopornography and so is illegal.
One thing I find curious is that if a model look petite and underage but story dictate that its 18 and above, is that allowed?
- Aug 6, 2016
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No. Not in many countries.
If she shows no signs of puberty and is involved in a sexual situation, the disclaimer does not apply.
It's the same thing as a kid walking into a bar with a fake id card. It's dangerous to both the patrons and the kid and can result in the bar losing its license.
Edited to clarify "in many countries".
If she shows no signs of puberty and is involved in a sexual situation, the disclaimer does not apply.
It's the same thing as a kid walking into a bar with a fake id card. It's dangerous to both the patrons and the kid and can result in the bar losing its license.
Edited to clarify "in many countries".
- Oct 3, 2017
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No, the disclaimer is for content, which supersedes statements. (The movie "lolita", uses and actual minor, but the sex-scenes are an adult and the "impression" that she is that person, implies it is her. Actual illusions of contact were movie-magic, and acceptable under the protection of the supreme court as "literature art". Just as the bible is, and the TV show, "16 and pregnant", a direct portrayal of minors who have actually "had sex".)
Also, You can be 18 in JR high and up to 21 in high-school.
I could go on, but I dare not.
What is legal, 100% is 18+, in the USA. Anything less, is going into specific gray areas. Also taking note that, "By law, a state/govt approved photo identification is required as a valid 'proof of age', because there is no other legally acceptable way to identify the age of any HUMAN otherwise." Required for the sale of cigarettes, porn, working, alcohol, contracts, paying tickets, entering school.(Thus, there is no, "looks like a minor", because age has no specific look.)
The overruling law, upheld nationally, is "If an artwork reproduction is INDISTINGUISHABLE from reality", then it is against the law. EG, if everyone looking at it, can NOT tell the difference between an actual photograph and the recreation. Which, also has to be an "Identifiable person". (Like Madonna, or Billy-bob-joe down the street.)
The bible depicts minors having sex. At 13 you are an adult, by almost every religion. The courts and even the money used by them, all state, "In God we trust", which includes the writings which depict the God in the first place. (The bibles.)
Without a "government/state approved birth-certificate", the things depicted in the art have no "birth-date", or "human rights", or "identifiable age", other than the age which it was drawn/printed/created... Which would make ALL porn illegal, as it is less than one year old, once made, even if it has adult/non-minors in it.
This is also why a grown man, wearing a diaper, sucking on a teething-ring or bottle, and saying goo-goo-gaa-gaa, in a porn movie, is not counted as "illegal", as it is clearly a "portrayal of child/minor in porn".
Most web-hosts just deny that type of material, as they don't want to be legally bound to protecting it, or those clients.
P.S. Everyone with a "parent" is a "child"... Child is not an age... Use the term "sexual minor", or "underage minor", as there are various types of minors... Laws use those specific terms, because they MUST. (It does not use the term "child", unless it explicitly states above, that the term "child" is referring to an under-age minor, of ___ age.)
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- Oct 3, 2017
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Allowed where? These general questions, related to Law, should be asked in a legal forum, or asked to a lawyer...
For postings here... You should ask a moderator, or find something similar listed.
- Oct 29, 2017
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- Apr 14, 2018
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As I've said in another thread, it seems globally the tolerance for underaged characters is pretty low, so it would seem that making a game with them would not be worthwhile as it would be banned from most distribution sites like this. That leads me to wonder do such games even exist & if so, how & why since there seems to be little interest & such ardent opposition to them? I imagine some have tried, otherwise it wouldn't even be a matter of discussion in the first place, but I guess I'm wondering what would be the point since there is nowhere to distribute them?