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There is a defense for the defendant if he can prove that he "directly participated" in the act, and where the participants consented, but only if the acts are those that can be legally consented to in the UK (see Operation Spanner).This defense is also not available to the photographer, or other "onlookers" who were present, but did not directly participate.Where (a) or (b) apply, the maximum sentence is 3 years; otherwise the maximum is 2 years.Adults sentenced to at least two years will be placed on the Violent and Sex Offender Register. The dominant theme of the work as a whole must appeal to prurient interest in sex. The work must be patently offensive to contemporary community standards. The work must be without serious literary, artistic, political, or scientific value.The failure to abide by this regulation results in civil and criminal prosecutions. While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that "does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice (DOJ) defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material. It refers to pornography (defined as an image which "of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal") which is "grossly offensive, disgusting or otherwise of an obscene character", and portrays any of the following: Classified works are exempt, but an extract from a classified work, if the image was extracted for the purpose of sexual arousal, would not be exempt.To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers. Whether an image is "pornographic" or not is up to the magistrate or jury to determine simply by looking at the image; it is not a question of the intentions of those who produced the image.Some areas of legal concern regarding adult pornography are: In jurisdictions that heavily restrict access or outright ban pornography, various attempts have been made to prevent access to pornographic content.
Various nations have various rules as to how a site must ensure that all porn models featured on it are of age such as strict record-keeping laws.As a specific technical term, it appears to have been introduced in England following the death of Jane Longhurst in 2003 caused by Graham Coutts who was obsessed with such depictions downloaded from web sites dedicated to such content. Determining what materials contain obscenity remains highly subjective. Due to the international nature of the Internet, Internet pornography carries with it special issues with regard to the law.The First Amendment in the United States Constitution guarantees freedom of speech. The 1957 Supreme Court decision defined obscenity in order to implement censorship. However, community standards determine what constitutes obscenity. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography.Banning porn sites within a nation's jurisdiction does not necessarily prevent access to that site, as it may simply relocate to a hosting server within another country that does not prohibit the content it offers.