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NEWS: Virginia Man Gets 20 Years for Anime Child Porn


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chicogrande



Joined: 11 Jun 2004
Posts: 190
Location: Huntsville, Alabama

PostPosted: Sat Mar 11, 2006 5:08 pm Reply with quote
Cowpunk wrote:
Does anyone know which anime (or manga) titles he had?


The good thing about this is that the material he had, I expect, was not from any U.S. Anime distributor. But there are professionally produced publications in Japan that would land someone in prison in this country.
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Ohoni



Joined: 10 Jun 2003
Posts: 3089

PostPosted: Sat Mar 11, 2006 5:34 pm Reply with quote
That was a misleading headline, since obviously anime wasn't involved, since the law only covers "indistinguishable" animated porn, which likely means high quality CG stuff. Anyone who can't distiguish hentai from the real thing does not belong in a jury box. Not that he didn't deserve what he got, it just doesn't really apply to anime.
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Mohawk52



Joined: 16 Oct 2003
Posts: 7248
Location: England, UK

PostPosted: Sat Mar 11, 2006 6:06 pm Reply with quote
Usually juriors have to be impartial to any aspect of a case either way. At least that is how it is here in the UK. Having served jury duty myself I was interviewed and asked if I had any interest in items, and how I felt about certain situations. The catagories were quite wide and I know they had some part of the case in there too, but until after the trial was finished, looking back did I understand what they were looking for. So if a jurior had stated that he, or she had an interest in anime , or cartoons. I'm sure that person would have been rejected by the defence, or prosecution team.
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Maceart



Joined: 06 Apr 2004
Posts: 75

PostPosted: Sat Mar 11, 2006 6:21 pm Reply with quote
Correct. It's the precedence that I'm worried about.

What I'm also saddened about is that perhaps this case will make a laughingstock of the child porn law, enacted to protect agains child abuse. Virtual child porn, no matter how wrong it is, is protected as free speech because literally, it's creative drawing.
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penguintruth



Joined: 08 Dec 2004
Posts: 5984
Location: Penguinopolis

PostPosted: Sat Mar 11, 2006 7:06 pm Reply with quote
Well, since this guy had real child pornography with the hentai, that makes the hentai irrelevant to the case - you have child porn, you get busted. It's illegal.

Pointing out that he had some lolicon hentai with the real stuff just calls attention to the subject of virtual child pornography, though, and riles up the imbeciles who want to legislate morality and personal taste. No child is being exploited in the making of drawings.

We can't legislate based on thoughts and feelings. Until somebody commits a crime, they aren't a criminal.
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v1cious



Joined: 31 Dec 2002
Posts: 5058
Location: Fresno, TX

PostPosted: Sat Mar 11, 2006 7:11 pm Reply with quote
i hope they're not saying lolicon is part of the charges.
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.Sy



Joined: 11 Mar 2005
Posts: 1266

PostPosted: Sat Mar 11, 2006 7:11 pm Reply with quote
Wow 20 years. That seems a lot by itself, but when we're talking theat paritcular crime, I think I'm creeped out enough to have him in there for longer.
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GATSU



Joined: 03 Jan 2002
Posts: 12542

PostPosted: Sat Mar 11, 2006 7:16 pm Reply with quote
Miwa:
Quote:
and the fans trying to rationalize this paraphilia as somehow socially acceptable when it is certainly not


But bombing children, letting them starve or be born with AIDS, and giving them guns is just fine and dandy. Rolling Eyes Oh, and the terrorists will win if we don't sodomize 'em in Abu Ghraib.
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dormcat
Encyclopedia Editor


Joined: 08 Dec 2003
Posts: 9538
Location: New Taipei City, Taiwan, ROC

PostPosted: Sat Mar 11, 2006 10:36 pm Reply with quote
MiwaSatoshi wrote:
...and there is a clear and present danger...

You know, that's very un-persuasive, for the novel / movie of the same title told us that those "dangers" were created by politicians and mass media in order to cover their illegitimate profit.

MiwaSatoshi wrote:
and the fans trying to rationalize this paraphilia as somehow socially acceptable when it is certainly not.

1806: Treat Blacks as human beings is not socially acceptable.

Late 19th century: A woman taking off her cloth in order to allow a male doctor to examine her sickness is not socially acceptable.

1906: Giving women rights to vote is not socially acceptable.

1946: Giving Blacks rights to vote is not socially acceptable.

1986: Giving homosexuals rights to marry is not socially acceptable.

Society and its standards change with time. We'll see.
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HitokiriShadow



Joined: 09 May 2005
Posts: 6152

PostPosted: Sat Mar 11, 2006 10:53 pm Reply with quote
This is the same case that was mentioned a few months ago, isn't it?

My thoughts: What kind of idiot uses a public computer to download porn, let alone illegal porn?
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fxg97873



Joined: 13 Dec 2004
Posts: 203
Location: Houston, TX

PostPosted: Sat Mar 11, 2006 11:50 pm Reply with quote
tempest wrote:
VileRiot wrote:
Well, I think I have a better understanding at least. I don't see why this is really such a big deal personally. The only thing this guy is guilty of is using a public computer for what should be a private matter.


No.

Using a public computer is why he got caught, not the crime.

He's guilty of

1) Downloading real child porn
2) Sending explicit material to a minor over the internet
3) downloading virtual child porn*
4) violating his parole

As for #3, where the law stands is still very much in question. Our research shows that the law states that virtual child porn is ony illegal under the protect act if it is indistinguishable from the real thing. But the articles and government statements regarding this case make no mention of how realistic looking the material in question is. Its simply referred to as "anime." Typically, anime child porn doesn't look realistic.

Quote:
I do believe I need to read the article before actually saying anything. Maybe the person who started the topic would be so kind as to publish a link, I don't feel like searching for it...


Everything discussed in the Talkback forum refers to articles published on the front page of ANN.

-t


Well, that's the section of the PROTECT Act that deals with "Virtual Child Pornography".

There Another section in the Act that deals with "Obscene visual representations of the sexual abuse
of children".
That's the part that applies to Doujinshi, Anime, Drawings and such.

Below is as follows:

Quote:
§ 1466A. Obscene visual representations of the sexual abuse
of children
‘‘(a) IN GENERAL.—Any person who, in a circumstance described
in subsection (d), knowingly produces, distributes, receives, or possesses
with intent to distribute, a visual depiction of any kind,
including a drawing, cartoon, sculpture, or painting, that—
‘‘(1)(A) depicts a minor engaging in sexually explicit conduct;
and
‘‘(B) is obscene; or
‘‘(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic bestiality, sadistic or masochistic
abuse, or sexual intercourse, including genital-genital, oralgenital,
anal-genital, or oral-anal, whether between persons
of the same or opposite sex; and
‘‘(B) lacks serious literary, artistic, political, or scientific
value;
or attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(1),including the penalties provided for cases involving a prior conviction.


I believe this part was modified at one point after the Supreme Court struck it down by adding the phrase
Quote:
and
‘‘(B) is obscene


Of course, "obscene" as it's defined can be twisted to be include about anything somebody doesn't like.

I swear, I wish all obscenity laws would rollover and die. We should just have specifics laws like:
"Don't go rollerblading in a thong is you're out of shape and have a hairy butt"
"Wear Clothes that cover your privates while in public"
"If you look like Carrot Top, you will be sent to a far away island to separate your genes from the masses".

Sure, there would be a lot of overhead but I think it would be worth it.

Anime smile
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hikaru004



Joined: 15 Mar 2004
Posts: 2303

PostPosted: Sat Mar 11, 2006 11:58 pm Reply with quote
dormcat wrote:
MiwaSatoshi wrote:
...and there is a clear and present danger...

You know, that's very un-persuasive, for the novel / movie of the same title told us that those "dangers" were created by politicians and mass media in order to cover their illegitimate profit.

MiwaSatoshi wrote:
and the fans trying to rationalize this paraphilia as somehow socially acceptable when it is certainly not.

1806: Treat Blacks as human beings is not socially acceptable.

Late 19th century: A woman taking off her cloth in order to allow a male doctor to examine her sickness is not socially acceptable.

1906: Giving women rights to vote is not socially acceptable.

1946: Giving Blacks rights to vote is not socially acceptable.

1986: Giving homosexuals rights to marry is not socially acceptable.

Society and its standards change with time. We'll see.


Yes, standards can change, but this type of a crime probably won't and comparing this to civil rights issues and progress in medicine is not a good thing to do imo.
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Goukisama



Joined: 10 Feb 2006
Posts: 12

PostPosted: Sun Mar 12, 2006 12:28 am Reply with quote
Boy was he stupid. Got caught on a public computer. he going to deserve every RAM that he gets in jail if you know what i mean. But this brings me to a question, what of the "dating sims" that have underage teens in them? Are these illegal too?[/spoiler]
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Pleroma



Joined: 30 Nov 2005
Posts: 443
Location: Eromanga island

PostPosted: Sun Mar 12, 2006 12:37 am Reply with quote
As long as the character is stated to be over 18 (and most Ero-games just put this staple on everyone from the obvious 20+ to the smallest lolis to cover their butts) its allright, at least thats how it is in Japan. Ultimately I think making ANY drawing illegal is staggeringly stupid since no matter how realistic its still just ink on paper and can depict whatever the hell the artist says it it depicts regardless of other's opinions.

PS: If I am not mistaken this guy had a massive record, they just used the CP to tack on extra years to his sentence rather than build a case based on loli and some real pr0n since that would be quite unproductive.
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Goukisama



Joined: 10 Feb 2006
Posts: 12

PostPosted: Sun Mar 12, 2006 12:43 am Reply with quote
Pleroma wrote:
As long as the character is stated to be over 18 (and most Ero-games just put this staple on everyone from the obvious 20+ to the smallest lolis to cover their butts) its allright, at least thats how it is in Japan. Ultimately I think making ANY drawing illegal is staggeringly stupid since no matter how realistic its still just ink on paper and can depict whatever the hell the artist says it it depicts regardless of other's opinions.

PS: If I am not mistaken this guy had a massive record, they just used the CP to tack on extra years to his sentence rather than build a case based on loli and some real pr0n since that would be quite unproductive.


But we all know (at least the few that know how to understand japanese) that is not their real ages. Mostly high school and stuff. And yeah i guess since it was just there, they decided to tack it on.
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