How is the Dost Test applied in case law?
Nudity is not enough for a finding that an image is lascivious, but clothing does not mean a photo is in the clear: “a photograph of a naked girl might not be lascivious (depending on the balance of the remaining Dost factors), but a photograph of a girl in a highly sexual pose dressed in hose, garters, and a bra would certainly be found to be lascivious.” United States v. Villard, 885 F.2d 117, 124 (3d Cir. 1989). Setting is critical, but must be taken in context. For example, “while the setting of a bed, by itself, is some evidence of lasciviousness, it alone is not enough to support a finding of lasciviousness.” Id. One should consider not just the bed, but how the person is posed on the bed (i.e. sleeping vs. posing seductively). Context is also important in determining “whether the image is intended or designed to elicit a sexual response in the viewer.” For example, in jury instructions approved by the Ninth Circuit, the Court asked the jurors to consider the caption of the photo
Related Questions
- Can attorney’s fees increase on my Missouri traffic ticket case after I hire a traffic lawyer at Traffic Law Stop for my st louis or missouri traffic ticket?
- Do I require the LNAT (National Admissions Test for Law) to study Law at the University of Leicester?
- How is the Dost Test applied in case law?
