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Originally Posted by ardentgent
If a gallery is completely softcore, no- nudity at all, is any disclaimer required?
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Don't quote me on this because I don't know for certain, but the regs only cover sexually explicit images, actual or simulated, so non-nude shouldn't require a statement at all AFAIK.
In fact putting a statement where there shouldn't be one could I suppose get you in as much trouble as not having one where there should be one, if they wanted to be really pissy about it - and keep in mind the AG was quoted saying "overcompliance is a felony".
That being said, I would be careful about using NN content if for instance the model had her hand in her panties... I suppose someone could argue that whatever she's doing there might be 'simulated sexual conduct' in an instance like that, if they thought (or thought they could convince someone) that the model was masturbating under her panties.
Softcore however could require it. Anything with penetration or even touching (whether by self, a device, or another model) of the nether regions would require it, and there's some debate as to whether a full nude would require it or not. I've read the law and it looks to me like nudes would be exempt so long as there is no touching going on, however others who've read the same laws think otherwise for some reason.
What you can be certain of though regardless of whether nudes are still legal without 2257 or not is that a nude image is going to cause an inspector to look closer at everything else.
No where in the regs does it mention anything about nude
breasts requiring 2257 however (it only mentioned 'genitals' and the 'pubic region') so it looks like topless content is still fair game.
Hope that helps.