He cites United States vs. Handley in one of his tweet…
Handley actually had CP iirc.
[edit]
I forget how much I hate the idiots on Twitter. Spent some time looking at that clusterfuck of tweets from that idiotic girl he’s replying to.
2 Likes
The worst part is that 2 of my followers actually unfollowed me as a result. I got one of them back but have yet to hear from the other.
Brittany Venti? Yeah she’s a professional troll, an outrage pundit from the gamergate era. Don’t worry too much about her, she’s literally using the culture shock related to manga/anime as a ploy to draw attention to herself and exploit her fans and simps.
2 Likes
I’m brazilian too. All I know is 1) 14 yo is the legal age, except in the case of prostitution (wich is 18) 2) lolicon/shotacon is legal as long as its not based on a real children AND as long its not too real. Not sure about if is ilegal to sell /buy it tought and about other things like sex dolls. If you know about that I would appreciate the info.
All the information I have, I got from here:
http://pfdc.pgr.mpf.mp.br/temas-de-atuacao/direitos-sexuais-e-reprodutivos/nota-tecnica-liberdade-artistica-e-protecao-de-criancas-e-adolescentes
I think that it should be noted that in America, it would probably be beneficial to look into specific state laws and criminal codes as well as Federal. I have not seen a large amount of convictions for people getting in trouble for lolicon ALONE but I do live in a state that I recently found out treats lolicon as possession of real CP it is found to lack any serious “literary, artistic, or political value”, but this prong seems to be hardly recognized or given any discussion, which I think could mislead people such as artists wishing to create certain content. I also bet most people in the state I live in don’t even know that such a thing is treated as real CP. But I have heard that there are other states that treat lolicon as real CP so I would just encourage anyone to read the state laws as well as any federal ones, and if it is treated as real CP just try to stay away from it if possible and be safe upon finding out such information.
1 Like
That’s because it’s not being treated the same as child pornography. It’s being treated by the same laws and statutory definitions that enabled the government to prosecute producers and distributors of hardcore adult pornography.
Child pornography is limited to depictions of actual minors engaged in sexual conduct, and is illegal regardless of its “serious literary artistic value”, due to the fact that obscenity laws were not designed to protect people from exploitation, but rather to censor speech that people found immoral or obscene.
Ashcroft v. Free Speech Coalition (2002) essentially established this distinction after the government tried to ban “virtual” child pornography, along with actual child porn because they felt like it could make prosecuting it difficult or impossible because defendants could simply say “that’s not a real child and you can’t prove it is one” and evade prosecution.
All in all, loli/shota pornography is in the same realm of legality as normal porn, providing it has to be ‘obscene’ according to individual state laws. Federal law requires it to comport with a state’s definition of ‘obscene’ as defined by a sitting judge or jury on a case-by-case, state-by-state basis. Some states either abolished or repealed their obscenity laws and definitions entirely, or simply narrowed them down to where only minors or public, unwitting exposure could meet the standard of “patently offensive”. Whether or not something has serious “artistic” value is entirely arbitrary, however.
Obscenity laws are founded under the same rationale that justified sodomy laws and abortion laws. And hopefully, within this decade, we can see the doctrine entirely overturned with respect to all depictions of sexually explicit conduct.
3 Likes
Well all I’m saying is my state doesn’t seem to to be playing by the rules because I have definitely read a recent case where a guy did get in trouble for drawing underage characters which the court did say was “CP” and they did not go into some detailed discussion as to whether it was obscene or not. They simply stated the character was underage and therefore it was CP by state law. Now maybe this could’ve been their way of making a longer sentence for the guy because he had a history of child molestation and was on probation for it. Nevertheless, the opinion had no discussion of whether it was “obscene” or had any “value”
2 Likes
with Germany is it legal to view it or not and Netherlands where does it stand
1 Like
can someone answer me please on the Germany status then again the status on the whole of Europe would be great
1 Like
Fictional “child pornography” is legal in Germany, so I would assume that covers lolicon.
3 Likes
thanks for the info wouldn’t mind if someone can help out with the Europe roadmap
Small addition: It is legal only as long as an average viewer can clearly distinguish it from real content. Which should be true for pretty much all lolicon, but still you might get into a dangerous gray area when more “realistic” drawings or CGI are involved.
Also, only viewing (possession) is legal, distribution and production is illegal in Germany and punishable by up to five years in prison.
5 Likes
Even with “realistic” style, for 2D, there should be sketches that can be easy evidence for innocence, and for 3D, meshes and textures are the same.
1 Like
That is irrelevant, sadly. The law forbids the possession of images that are close to reality (“wirklichkeitsnah”). So images that are known to be fictional are still outlawed if they appear to be too realistic.
1 Like
Even photorealistic is legal. But theyre trying to ban lolicon and sex dolls
1 Like
It is legal to possess or noncommercially and nonpublicly distribute lolicon content in mainland China but it is illegal otherwise.
That’s odd. I thought all porn was illegal in China?
Yes that is true. It would only make sense to ban the production of sex dolls in China, since porn is illegal, but yet they are the biggest player in that industry. They don’t seem to care about fictional pornography would be my guess.
Laws in China are indeed weird. The legislative process in mainland China isn’t democratic at all and the Chinese Communist Party (CCP) often copy laws from the USA, Germany or Japan and do some modifications to make sure that the absolute power of the CCP is not influenced and then the law will pass.
In China to set up a website or to run a store you need a permit from the government. The government will revoke your permit if your website contains porn or your store sells porn, which conveys the impression that “all porn is illegal”.
1 Like
Like most laws in China, they’re vague by design, so people who bribe the government can “legally” get away with breaking them.