As most know NSFW Avatars sit in a gray area but I feel like it is time to clarify some things. I am aware that NSFW Avatars are prohibited in public worlds.
(To Mods.)
Can you be banned for having a NSFW Avatar in your Avatar roster?
Can you be banned for using NSFW Avatar in a private world?
There are options to specifically tag an avatar as having NSFW content, so my guess is that you canât be banned for HAVING an NSFW avatar, unless having that tagging option for creators is just a trap - but thatâs highly unlikely.
Now as far as a NSFW avatar in a private world, my guess would be âit dependsâ.
If youâre in the private world where there is a reasonable expectation of encountering such things, then probably not. But if such content is being used in a space that is inappropriate for it, then absolutely! I think the your guiding star should be these words:
âIs it private and are all parties consenting adults?â
Creation or usage of âNSFWâ1 avatars is prohibited by the VRChat Terms of Service, no matter the instance type.
1 Defined as âobjectionable contentâ in the VRChat Terms of Service section 9.4.c, snippet follows:
By Posting User Content, you affirm, represent, and warrant that: [âŚ] your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
The presence of a âNSFWâ option in the SDK does not override or change this rule. Notably, that option is legacy and was implemented a long time ago, and has never been utilized.
Thank you for the reply Tupper. 
Why is VRChat not 18+?
Why is ERP with NSFW Avatars in a private world prohibited? (Aside from it breaking the rules)
Any info would be helpful and not debated.
Why is ERP with NSFW Avatars in a private world prohibited? (Aside from it breaking the rules)
NSFW is absolutely against TOS in all instances, but is more enforced in Public instances then private basically. The key thing here when it comes to this sort of stuff is reports. No action will be taken against an individual if there are no reports to action upon. So basically, if youâre doing something unsavoury in a private instance, and there are multiple people present for instant, then if you were banned all of a sudden some time afterwards, it is more than likely someone there reported you.
I would need confirmation of this from staff. I am a long time user of this platform and do my best not to break any rules BUT I also would like to have my adult fun time in a private word, if you get my drift.
If simply owning a NSFW Avatar can get you banned then this makes this difficult to do. I would like their to be an exception to this rule but it could be over the Moderators heads. If that is the case then nothing can be done about it sadly.
I would be more understanding if I only knew why this rule is in place.
This is vary Helpful Thank you.
Also I have a really good Idea.
When you click NSFW when exporting your avatar, This should make the Avatar show as fall back in public worlds but visible in private worlds.
I agree with you about wanting to have an private adult playspace but I also understand why VRChat has their NSFW policy.
That being said, if you do publish NSFW avatars, my suggestion would be to NOT use that option. Itâs still considered a ToS violation.
Not to put too fine a point on it, but just because this option was never utilized doesnât mean that, one day when too many people start being jackasses or VRC decides to crack down, that the staff doesnât decide to go back through and purge any Aviâs that have that flag enabled and ban accounts that own them.
Itâs an admission of guilt really.
Again, like giving medical advice, Iâm not a doctor nor a lawyer so the best and safest practice is to just not do it. Follow the ToS. But if you make the choice not to, then please for the love of Cucamonga, be responsible when you do!
so let me introduce a new wave of bans:
blackmail
already did hear a story from someone who got perma banned cus some person got mad she refused his proposal to be partners and sent photos she made for him as report of NSFW âŚ
Yah sadly it can be weaponized. Sorry to hear that happened 
if its against TOS why its still in SDK âŚ
I would say that SFW/NSFW reasoning is subjective. Apologies for the long post.
For me a banana or potted plant might be terribly offensive, though for someone else benign.
The same can be said about nudity across global cultures, political or religious dogmas;
One person may be very offended by the sight of a man with bare feet or a woman revealing her shoulders, while others see no harm in it and itâs perfectly acceptable.
Other cultures may interpret the same as divine or reverent.
So, one personâs idea may not be anywhere near what the majority of reasonable people would consider offensive.
That said, if you let the vocally zealous dictate their personal views to impose restrictions on everyone, the world community suffers and becomes a target for exclusion based on other factors, these given the guide of being NSFW.
I think there are certain things, like non-consensual hardcore porn, extreme violence or verbal abuse, to be generally in poor taste, not something youâd want to see or pass around the workplace.
The check boxes in the SDK were left over from other editions and I donât think fully implemented, since VRChat has a trust level (or honor system) as well your worlds are put into community labs, where, if thereâs something disturbing, it can be reported before it reaches public approval.
As far as NSFW avatars go, I would personally believe, what you do consensually with others in a private invite-only instance is private, If everyone is on the same page, then there isnât a problem.
What would indeed be objectionable is if someone had a NSFW avatar openly lewd in public, putting their bits in peopleâs faces without asking, thatâs just not acceptable.
Iâm no expert and may be wrong about this, but thatâs just how I interpret it.
if I was going to let NSFW models be made and upload but will follow the rules/TOS or edit them to.
If it is NSFW give it a tag âdoing so will disable the make public button nothing else(onsite as well)â and force it private and making it only you can use it. so if you use the nsfw toggles in pubic and you get reported thatâs on you.
If it is NSFW and you donât give it the tag and make it pubic and it get out and players start using it in public and on on. Gets reported, it gets removed and you get temp ban for âpublic NSFW avatarâ or what you want to set it as.
and for the tags that are left, ask what should be put there so for 1.NSFW 2. 3. 4.
the rule I use for NSFW isâŚ
would you go nude to the [â]??
shop = public
party at your friends house = friends+
friends house with they family = friends
the gaming den = invite+ â didnât know what to do.
bed room = invite
soâŚ
So, I assume this isnât true anymore as of the updated ToS Aug/Nov 2023?
The ToS now points to the Community Guidelines, which makes no mention of pornographic, indecent, inappropriate or objectionable content. It seems to mostly just rule out hateful/sexist/racist/inflammatory behavior or overly extreme horror/gore. And basically expresses that you are free to do what you want in private instances with other consenting individuals, which would include making and using pornographic avatars, as long as it doesnât break those hard rules I mentioned.
Itâs still in the Terms of Service, section 8.4c. Although that talks about âpostingâ nsfw content.
Edit: also check out section 13.2.
Ah weird, I did a page search for a few terms and nothing came up, I must have mistyped âpornoâ. Thanks.
Then the situation is indeed mostly the same for the most part. Would be nice if the ToS made more distinction between private and public uploads.
From what I understand and thatâs what I apply
