Incest & non consensual writing is legal?

[northcentral]

I have not published any stories yet, but some ideas involve incest or non-consensual sex. I asked AI about the legality of writing stories like this and it said it's legal as fiction as long as it can be argued that there is at least a minimal amount of artistic merit to avoid obscenity laws.

Is this true?

What about the incest being a story about 17 year olds? I'm assuming that's blatantly not allowed solely based on age? Can you write the story and just not mention ages specifically, like "When my sister and I were younger and living together..."?

I just don't know the rules at this point.

Thanks!

 

[WittyUserName]

I have not published any stories yet, but some ideas involve incest or non-consensual sex. I asked AI about the legality of writing stories like this and it said it's legal as fiction as long as it can be argued that there is at least a minimal amount of artistic merit to avoid obscenity laws.

Is this true?

What about the incest being a story about 17 year olds? I'm assuming that's blatantly not allowed solely based on age? Can you write the story and just not mention ages specifically, like "When my sister and I were younger and living together..."?

I just don't know the rules at this point.

Thanks!

You should take a look at the publishing guidelines: https://www.literotica.com/resources/content-guidelines

Anything under 18 is a hard no on this site. For non-consent, Literotica has a rule that the 'victim' has to derive some pleasure from the act.
"Ravishment/non-consent fantasies in which the “victim” receives no thrill or enjoyment from the acts, or is seriously and/or permanently physically harmed/abused/maimed/killed."
Incest is pretty much always okay on Lit as long as both parties are over 18.

Legal issues? That's not something you have to worry about if your story meets the standards to be published here.

 

[SimonDoom]

I have not published any stories yet, but some ideas involve incest or non-consensual sex. I asked AI about the legality of writing stories like this and it said it's legal as fiction as long as it can be argued that there is at least a minimal amount of artistic merit to avoid obscenity laws.

Is this true?

What about the incest being a story about 17 year olds? I'm assuming that's blatantly not allowed solely based on age? Can you write the story and just not mention ages specifically, like "When my sister and I were younger and living together..."?

I just don't know the rules at this point.

Thanks!

There are two completely separate issues: what's legal, and what's allowed by Literotica. You should concern yourself here with the second.

The law in the US is this: The First Amendment allows you to write whatever you want, unless it is considered "obscene." It's not entirely clear under the law what is "obscene" under US law. In the last 20 years prosecutions for obscenity, especially for written works, have been rare, but there have been some, primarily concerning violent pedophilia. Literotica doesn't allow that content, nor does it allow ANY erotic content featuring characters under the age of 18.

To my knowledge, there's no legal precedent in the USA for finding any of the content allowed by Literotica to constitute illegal obscenity.

This Site's underage rule is strict. It's OK to make an extremely vague reference to something that happened when one was under 18, but anything more than that will probably be banned.

 

[Bamagan]

I have not published any stories yet, but some ideas involve incest or non-consensual sex. I asked AI about the legality of writing stories like this and it said it's legal as fiction as long as it can be argued that there is at least a minimal amount of artistic merit to avoid obscenity laws.

Is this true?

What about the incest being a story about 17 year olds? I'm assuming that's blatantly not allowed solely based on age? Can you write the story and just not mention ages specifically, like "When my sister and I were younger and living together..."?

I just don't know the rules at this point.

Thanks!

In addition to what others have said, if you try to write about 17s without mentioning their age, there's a significant chance you'll get rejected for trying to be coy about it. Some things slip through, but in situations where the characters are still living at home, still in high school, etc., the site usually looks for an explicit affirmation that all of them are 18 or older. If that's missing or too vague, it might well get sent back for lacking that clarity. It's among the firmest rules, and one will generally not be extended the benefit of the doubt if they have any suspicions about efforts to circumvent it.

 

[Kelliezgirl]

In addition to what others have said, if you try to write about 17s without mentioning their age, there's a significant chance you'll get rejected for trying to be coy about it. Some things slip through, but in situations where the characters are still living at home, still in high school, etc., the site usually looks for an explicit affirmation that all of them are 18 or older. If that's missing or too vague, it might well get sent back for lacking that clarity. It's among the firmest rules, and one will generally not be extended the benefit of the doubt if they have any suspicions about efforts to circumvent it.

I'll second this. If your character is a high school senior you should work in an explicit statement somewhere in the story.
"C'mon Mom, I'm 18 years old, why can't I..."
Or whatever

 

[Bramblethorn]

Also for the love of god don't rely on AI for legal advice.

 

[Phatfeet]

To my knowledge, there's no legal precedent in the USA for finding any of the content allowed by Literotica to constitute illegal obscenity.

This Site's underage rule is strict. It's OK to make an extremely vague reference to something that happened when one was under 18, but anything more than that will probably be banned.

It happened to meLegal issues? That's not something you have to worry about if your story meets the standards to be published here.

Legal issues? That's not something you have to worry about if your story meets the standards to be published here.

This is not quite true since it did happen to me.

The problem is, people think of an overzealous prosecutor reading something, being offended and taken the author to court and that is NOT the real threat to writers of erotica. It is in FAMILY COURT and during divorce proceedings or in custody battles where the ramifications on what we write about can be challenged.

In my case I do not write incest stories at all, but have written non-consent stories. Since I wrote professionally for Penthouse at the time, those stories, and the ones here on literotica, were brought up by my ex-wife as leverage for her to have full-custody of my daughter by her lawyer. Their premise was simple: since I wrote smut, I was not a morally fit father. It was easy to dismiss because of pass-word protection, what I wrote about was never about under-age sex, and I was writing under a pen name. But somewhere in court filings Literotica stories are part of historical record!

But it must happen enough so that this site has a special link for law enforcement to take to get to the site owners. That is not surprising since 25% of divorce cases have some reference to a facebook post. Therefore it is not unheard of for someone to use a story or post on Literotica in their divorce proceedings.

But it is not outright obscenity laws that are the legal problems of writers, but relationships gone bad that can lead to being held morally accountable for what writers have written.

 

[WittyUserName]

It happened to meLegal issues? That's not something you have to worry about if your story meets the standards to be published here.

This is not quite true since it did happen to me.

The problem is, people think of an overzealous prosecutor reading something, being offended and taken the author to court and that is NOT the real threat to writers of erotica. It is in FAMILY COURT and during divorce proceedings or in custody battles where the ramifications on what we write about can be challenged.

In my case I do not write incest stories at all, but have written non-consent stories. Since I wrote professionally for Penthouse at the time, those stories, and the ones here on literotica, were brought up by my ex-wife as leverage for her to have full-custody of my daughter by her lawyer. Their premise was simple: since I wrote smut, I was not a morally fit father. It was easy to dismiss because of pass-word protection, what I wrote about was never about under-age sex, and I was writing under a pen name. But somewhere in court filings Literotica stories are part of historical record!

But it must happen enough so that this site has a special link for law enforcement to take to get to the site owners. That is not surprising since 25% of divorce cases have some reference to a facebook post. Therefore it is not unheard of for someone to use a story or post on Literotica in their divorce proceedings.

But it is not outright obscenity laws that are the legal problems of writers, but relationships gone bad that can lead to being held morally accountable for what writers have written.

Jeez. That's horrible. I did write some incest of the father/daughter variety. Mainly as fan service. It's unlikely I'll ever have children, so I guess it isn't something I'll have to worry about.

 

[northcentral]

Thank you all for your input. It's been really helpful!