I'm actually more interested in the PK comment than the borderline thing, but I'll answer your borderline question.
I say borderline because some things are illegal in certain states or countries, and that exposes the publisher to obscenity cases. Drunk girls for instance is at least theoretically illegal in several states ( no actual prosecutions that I know of...). Bondage with penetration is illegal in Canada, for example. That's why I say borderline.
There is no such thing as something either being illegal or it's not. All law is subject to interpretation at any time. "Morals" laws like those concerning porn are especially vulnerable to changes in the political climate.
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