Legal Definitions - pornography

Pornography refers to any material, such as images, videos, written content, audio recordings, or animation, that primarily depicts sexual activity, nudity, or erotic behavior with the explicit intention of causing sexual arousal or stimulation in the viewer or consumer.

It is distinguished from other forms of media that may contain sexual or nude elements by its central purpose. While art, education, or medical content might include nudity or sexual themes, such material is not considered pornographic unless its main objective is to excite sexually rather than to inform, educate, or create artistic expression without that primary intent.

Here are some examples to illustrate this concept:

• Imagine a subscription-based website that offers a vast library of professionally produced videos. Each video explicitly shows individuals engaging in various sexual acts, filmed and edited to maximize sexual stimulation for the adult viewer. The site's marketing, categorization, and user interface are all geared towards facilitating access to content for sexual arousal.

  This clearly illustrates pornography because the videos' sole purpose is to depict sexual acts in a manner intended to sexually stimulate the audience, aligning with the core definition.

• Consider a printed magazine, available for purchase only in adult novelty stores, which features highly explicit photographs of nude individuals in sexually suggestive poses, accompanied by short fictional stories detailing explicit sexual encounters. The entire publication is designed and marketed to appeal to readers seeking sexual excitement.

  This example fits the definition as the magazine's content—both images and text—is created and distributed with the primary goal of inducing sexual arousal in its adult consumers.

• A developer creates an interactive virtual reality experience where users can control avatars engaging in explicit sexual acts within a simulated environment. The application is rated for adults and promoted as a tool for sexual fantasy and gratification.

  This demonstrates pornography because the virtual reality experience, despite being digital and interactive, is explicitly designed to depict sexual activity for the user's sexual stimulation, fulfilling the definition's criteria.