Legal status

 

   There is a substantial overlap between legal erotic literature and illegal pornography, with the distinction traditionally having been made in the English-speaking courts on the basis of perceived literary merit. This was particularly true of works aimed at men, which generally use explicit descriptions of sexual acts. Many banned books have been suppressed because they also contained erotic visual images, which has traditionally been easier to prosecute than text.

   In the USA, the First Amendment gives protection to written fiction - although in one case, a man pled guilty and was convicted for writing unpublished stories (these were works of fiction concerning sexually abusing children) that were contained only in his personal and private journal. That conviction was later overturned on appeal.^[2]

In the UK purely textual pornographic texts, with no hint of libel, have not been prosecuted since the Inside Linda Lovelace trial collapsed in 1976.

   Importing books and texts across national borders can sometimes be subject to more stringent laws than in the nations concerned. Customs officers are often permitted to seize even merely 'indecent' works that would be perfectly legal to sell and possess once one is inside the nations concerned. Canada has been particularly notorious for such border seizures.

In some nations, even purely textual erotic literature is still deemed illegal and is also prosecuted.