A friend of mine is an author of highly descriptive erotic stories, and she's worried about the legality of a story idea. The concern is that the characters in question wait until the exact moment the youngest is 18, but they don't wait even a minute longer (i.e. if the youngest was born on June 6, 2000 at 7:58 PM, the two people in question begin having consensual sex on June 6, 2018 at 7:58 PM. Is this enough to be compliant with federal law? Or could there be complications?
There are no "thought police" in the U.S. Yet. You (or your "friend") are free to think, write and express your wildest dreams in literature. Writing about underage sex is not a crime. In the U.S. Yet.
The foregoing is for informational purposes and does not constitute legal advice or an attorney-client relationship. All answers ©2018 Greg Victoroff, Inc.
I think you are mistaken about what the law is concerned with here. The law only prohibits depicting actual minors in sexually explicit ways. The law does not cover fictional characters. Remember, for example, Marguerite Duras, The Limousine? Or Nabokov's, Lolita?
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
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