Adult Group

[bob2718281]

What is the name of your state? New Jersey

If I run an adult yahoo group that is has the following properties:
1) Clearly marked as an Adult group
2) I require all new members to state they are 18 or older before joining
3) I require that their Yahoo Profile state they are least 18

Now somebody lies about their age and I admit them to the group. Can I be charged criminally with anything? The group I am thinking about focus in on age play and spanking. It is not hard porn.

If the answer to my question is yes, then how is in the world can anybody run these groups. Is there any case law on this? My understanding is that there is no case law and therefore, the government thinks this is ok. There are plenty of websites that have adult material on them. If somebody under age views the contents, does the owner have any legal problems?

Thanks,
Bob

 

[SD1]

I am learning basic law now, so this answer might be very incomplete. As far as contracts go, age misrepresentation tends to fault the party that misrepresents. As far as the adult portions of your discussion group, there have been several acts passed to include the Communications Decency Act and Child Online Protection Act, which have both been struck down by the Supreme Court as being too sweeping (1st amendment). I am not aware of any further FEDERAL laws that you would have to worry about.

 

[bob2718281]

Thanks for the response. Once again, I am in New Jersey. Please correct me if I am wrong, but the two laws you cited deal with for profit sites. Since the owner of a yahoo group is not being paid, the two federal laws cited do not seem relevant to me.

The relevant state law is 2C:34-3. According to what I read it is a valid defense if the person stated in writing that he/she was over 18. I am wondering, does a unsigned email count as a statement in writing given that the person's last name is not given. Only his/her first name and is yahoo id. It is also a good assumption that his yahoo id states that he/she is over 18.

I am wondering if there is in any relevant case law. Is it available on line?

Bob