Hopefully Netflix is found guilty and is fined $500,000,000. If an average person did something like this, produced and distributed, they’d be looking at 2-10 years sentence. It’s time we hold big corporations as accountable as those who commit such offenses. I should note the statue being pursued is a Texas specific child sexual exploitation material statue which requires it to be without serious literary value. This is likely going to be the crux against the lawsuit sadly. Because the degenerates will simply argue that the value is the “criticism” of child sexual exploitation.
I get that the official narrative is to denounce sexual exploitation of minors, but you do not denounce it by literally producing a film which might be considered child sexual exploitation material by a large number of the general public. Yes, it’s probably not as terrible as whatever exists in the dark web, perhaps not even a 0.1% as horrific, but they may have already crossed the line. Portions of the film which have a greater than 10% chance of having violated federal law under USC 2256 should be removed to which to the best of my knowledge, there are at least a couple scenes which might have already crossed the line.
The feds are too busy with the truly horrific content that would be considered slam dunk cases so I doubt there is a need nor desire for them to go after Cuties - which arguably is borderline and is not even clear if it violated federal law. But once the issue of child sexual exploitation material is dealt with and the war on csem is won in around 10-20 years into the future, the feds will have plenty of time to pursue borderline cases like Cuties. Perhaps there could be a valid argument for the Feds to then go after Netflix and start really holding these mega corps accountable.
A question is does this violate Federal Law? I’m a laymen, I don’t know that it does, but I also don’t know that it doesn’t. Just reading the plain text of the legal document leads me to conclude Cuties is borderline. Is it on the right side of the borderline? I have no clue.
(1)“minor” means any person under the age of eighteen years;
(A)Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—
(i)sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(iv)sadistic or masochistic abuse; or
(v)lascivious exhibition of the anus, genitals, or pubic area of any person;
(B)For purposes of subsection 8(B)  of this section, “sexually explicit conduct” means—
(i)graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii)graphic or lascivious simulated; (I)bestiality; (II)masturbation; or (III)sadistic or masochistic abuse; or (iii)**graphic or simulated** lascivious exhibition of the anus, genitals, or **pubic area of any person**;
What is lascivious exhibitions test? To the best of my knowledge, the DOST test is frequently used.
1 Whether the focal point of the visual depiction is on the child’s genitalia or pubic area.
2 Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity.
3 Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child.
4 Whether the child is fully or partially clothed, or nude.
5 Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.
6 Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.
As you can see, it’s not clear that Cuties is in compliance with Federal law. I see is as definitely exploitative regardless.
CONSIDERING THAT THE FILM AND ASSOCIATED CLIPS OR SCREENSHOTS MAY BE A VIOLATION OF FEDERAL LAW, EVERYONE SHOULD STAY THE FUCK AWAY FROM IT. IF YOU’VE WATCHED IT, DO NOT REWATCH IT. IF YOU HAVE NOT WATCHED IT, ALSO STAY AWAY FROM IT. IF IT IS TO BE RENDERED A VIOLATION OF FEDERAL LAW UNDER USC 2256. YOU WILL BECOME TECHNICALLY CRIMINALLY LIABLE AND WILL BE AT THE MERCY OF THE PROSECUTORS TO USE DISCRETION IF YOU HAVE IN FACT WATCHED IT.