What is the Dost Test and How Does It Affect Child Pornography Law?

 Introduction

Child pornography is a serious crime that involves the production, distribution, or possession of any visual depiction of a minor engaged in sexually explicit conduct. It is illegal in most countries, including the United States, because it violates the rights and dignity of children, exposes them to harm and exploitation, and fuels the demand for more abuse. However, not all images of children are considered child pornography. Some may be innocent, artistic, educational, or medical in nature. How can we distinguish between lawful and unlawful depictions of minors?

One of the tools that courts use to make this distinction is called the Dost test. It is a six-factor guideline that was established in 1986 in a federal case involving 22 nude or semi-nude photographs of girls aged 10 to 14. The test aims to determine whether a visual depiction of a minor constitutes a "lascivious exhibition of the genitals or pubic area" under federal law. The test has become a key feature of child pornography law, adopted by virtually all state and lower federal courts as part of the definition of child pornography.




Dost Testi