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Question about showing what is legal when it comes to sex on film.

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harmonica

Member
California

I'm trying to sell a screenplay and need to know the legalities of whether or not the material is allowed to filmed. There is a sex scene between a 16 year old character and an adult character. I was told that it is illegal to show sex between what looks like to be a minor and an adult. Even if the actress is of legal age it is still illegal because she looks like a minor and it's portrayed that way in the scenario.

However, several movies have gotten away with it. American Pie, Wild Things, In Praise of Older Women. If it's illegal, how did these movies slip through the boundaries? What are the boundaries? Thanks.
 


Proserpina

Senior Member
California

I'm trying to sell a screenplay and need to know the legalities of whether or not the material is allowed to filmed. There is a sex scene between a 16 year old character and an adult character. I was told that it is illegal to show sex between what looks like to be a minor and an adult. Even if the actress is of legal age it is still illegal because she looks like a minor and it's portrayed that way in the scenario.

However, several movies have gotten away with it. American Pie, Wild Things, In Praise of Older Women. If it's illegal, how did these movies slip through the boundaries? What are the boundaries? Thanks.


You're not intending to show actual intercourse or other actual sexual acts, correct?
 

harmonica

Member
I was going to show some taking off clothes and foreplay and romantic kissing for sure. Not sure if I was going to show intercourse.

In Praise of Older Women showed an adult woman go down on a 12 year old, then showed the the boys face as it was happening, so if they can show that, how is that any different than what is illegal?
 

Isis1

Senior Member
I was going to show some taking off clothes and foreplay and romantic kissing for sure. Not sure if I was going to show intercourse.

In Praise of Older Women showed an adult woman go down on a 12 year old, then showed the the boys face as it was happening, so if they can show that, how is that any different than what is illegal?
I'm not going to assume here, so i'll just say i never saw that movie. However, there are alot of camera tricks to give the illusion of such an act.

True story. I worked at an offove for Lifetime Network. I got stuck talking to a viewer on the phone about what she thought was child abuse to a small baby. In the scene, a mother is holding her infant while struggling to escape. Gun goes off. Well, in the studio, it was shot in different pieces. It wasn't a live gun. The sound was added. When the "mom" struggled, it was a doll wrapped in the blanket. With bits sliced in to give the idea she was holding a live baby.

The art of movie making.
 

harmonica

Member
Ya I know it was shot not entirely, but the law says what looks like to be a minor engaging in it. Doesn't that scene still give the appearance of a minor and is therefore illegal? What constitutes legal appearance as oppose to illegal?
 

Isis1

Senior Member
Ya I know it was shot not entirely, but the law says what looks like to be a minor engaging in it. Doesn't that scene still give the appearance of a minor and is therefore illegal? What constitutes legal appearance as oppose to illegal?


Where is that law located and how exactly is it worded?
 

Zigner

Senior Member, Non-Attorney
Ya I know it was shot not entirely, but the law says what looks like to be a minor engaging in it. Doesn't that scene still give the appearance of a minor and is therefore illegal? What constitutes legal appearance as oppose to illegal?
It would be wise for you to consult with an entertainment law attorney...your needs are really beyond the scope of an internet forum.
 

harmonica

Member
Well I'm just the writer and it will be the producer and director who will decide how this is filmed. So shouldn't I leave it up to them? If they do anything illegal, will I the writer be blamed for it, even though I didn't film it? I can't really consult an attorney cause I don't live in the U.S. which is where I plan to sell it. So the laws may be different.
 

davew128

Senior Member
Well I'm just the writer and it will be the producer and director who will decide how this is filmed. So shouldn't I leave it up to them? If they do anything illegal, will I the writer be blamed for it, even though I didn't film it? I can't really consult an attorney cause I don't live in the U.S. which is where I plan to sell it. So the laws may be different.
U.S. attorneys have access to telephones and the internet. They're not completely stuck in the stone age. ;)
 

harmonica

Member
Ya but it seems the lawyers on here aren't even sure on these, laws, no offense. So how am I suppose to find out out on the phone when the ones here are not? It's a lot of money to find this stuff out so I wanna be sure how to do it. If I can't then I'll just write the love scene, send it off, and hope for the best.
 

Zigner

Senior Member, Non-Attorney
Ya but it seems the lawyers on here aren't even sure on these, laws, no offense. So how am I suppose to find out out on the phone when the ones here are not? It's a lot of money to find this stuff out so I wanna be sure how to do it. If I can't then I'll just write the love scene, send it off, and hope for the best.
Most of the people on this forum are not attorney's. To my knowledge, you haven't had an attorney respond in your thread.
 

Proserpina

Senior Member
Ya but it seems the lawyers on here aren't even sure on these, laws, no offense. So how am I suppose to find out out on the phone when the ones here are not? It's a lot of money to find this stuff out so I wanna be sure how to do it. If I can't then I'll just write the love scene, send it off, and hope for the best.


So...what you're saying is, it's not worth your money to invest in an attorney to help you?


Gotcha.
 

harmonica

Member
I dunno I mean I'm not in even any trouble. I'll look into it though and see if an attorney will call another country to get some legal information.
 

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