[tenchi:106217] Re: (OT) Legality of Cartoons/Drawings


to <tenchi@usagi.org>
from "Bear Powell" <replicant@triad.rr.com>
subject [tenchi:106217] Re: (OT) Legality of Cartoons/Drawings
date Tue, 15 May 2007 00:26:46 -0400
Well, we knew that it wasn't illegal in Japan since they are the largest
producer of it in the world and cartoon depictions do not fall under
their 1999 laws pertaining to child pornography. However, in the US
there are several contradictions. The 2002 case you quoted was changed
in 2003 by Bush when he put the Protect Act of 2003(Amber Alert Law)
into law. Which again criminalizes cartoon depictions of a minor or what
appears to be a minor engaging in overt sexual intercourse. In 2004 the
Supreme Court was suppose to have upheld the original verdict against
the Child Pornography Prevention Act of 1996 which they considered
unconstitutional as since virtual child pornography does not have a
victim and is considered a violation of free speech.

Although, since then people have been prosecuted and had anime/manga
related materials used as part of their criminal charges under the
Protect Act of 2003. Granted these people were also in the possession of
real life child pornography, but these products were also used under 18
U.S.C. 1466A(a)(1) as legitimiate charges against them.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00001466---A000-.html

Now their trying to introduce into effect a mandatory 10 year prison
sentence for anyone in violation of any part of the Protect Act.
<sigh>

--------------------------
Bear "replicant" Powell

"Be resolute, fear no sacrifice and surmount every
difficulty to win victory." - Chairman Mao Tse Tung

*** Currently Playing***
<World of Warcraft - Ravenholdt RP-PvP Server> [Whirlwind Battlegroup]
Gaff (Lvl 70 Orc Warrior [35/23/3])
[Veteran of Felsenhummer]

-----Original Message-----
> From: AstroNerdBoy [mailto:usr1054@astronerdboy.com] 
Sent: Monday, May 14, 2007 9:39 PM
To: tenchi@usagi.org
Subject: [tenchi:106216] Re: (OT) Legality of Cartoons/Drawings

> How can something like Loli Manga for example be illegal to own all
> across the world?

Clearly it isn't in Japan (providing they have the minimum censorship)
and as far as I know, it isn't in the U.S. as well.  While loli isn't my
thing, I know the Supreme Court ruled that so-called "virtual child
porn" was legal.

http://archives.cnn.com/2002/LAW/04/16/scotus.virtual.child.porn/

So both lolicon and shoutacon are legal in the U.S.  Now, if you are a
convicted child sex abuser, I would say that in that case, owning it is
still illegal.

Further, you've got a lot of law enforcement folks and child advocates
ticked by that ruling, especially since the online 'game' "Second Life"
apparently has lots of virtual child sex that happens there.

Anyway, none of it is for me for a whole host of reasons, but in the
U.S., it isn't illegal.



Search field Search string

archive list

unauthorized access prohibited
MLtools V3.1 Copyright (c) Usagi Labs