Forum - View topicNEWS: French Man Gets 1-Year Sentence for 'Manga Pornography'
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Tempest
 I Run this place.ANN Publisher  Posts: 10430 Location: Do not message me for support. |
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Thanks for pointing that out. I didn't notice it when I previously read the article. Egan even asked me to double check for mention of a suspended sentence, but I wasn't familiar with "avec sursis." |
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Hawkwing
 Posts: 317 Location: Sweden |
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With that logic shouldn't games like grand theft auto or movies like scarface be banned?
These laws is so [expletive] sick, disgusting and is nowhere near logical. 
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Sorrior
Posts: 79 |
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But GREAT for controlling people through fear. As i see it that's why these exist. To keep people in line and make it look like our governments are doing something. Hell here in the US it CAN'T be made illegal outright. Supreme court has shot down such laws 2-3 times at this point in time. Instead they use a loophole(how they got chris handley) just look up the miller tests and obscenity laws it;s the ONLY way they're done it here. But yeah just makes it easier to make arrests and make it look like they're doing they're jobs. As for this case i really thought France was better than this. |
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Tempest
I Run this place. ANN Publisher Posts: 10430 Location: Do not message me for support. |
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Well, they're better than Canada and the US. Similar cases in North America that we've reported on resulted in much harsher sentences. Regardless "not as bad as the other country" still isn't "good." |
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Sorrior
Posts: 79 |
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Agreed and what sucks most for the US at least is that they're using loopholes that have a history of not being taken by the supreme court. Heh welcome to the new world order. Almost every country it seems is passing laws like this. |
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Daemonblue
 Posts: 701 |
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Yes, but the other cases in the US at least that were reported on either had real CP involved or, in the case of Handley, the accused ended up pleading guilty (though I'd say under duress). That said, either way it is complete and utter bs, and if he actually went to court he porbably would have won eventually (key word).
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jhuhn
 Posts: 147 |
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I think countries should try to pass a bill where those that get caught for child porn possession, not only get arrested, but they are detained in jail indefinitely without a lawyer or a trial. So if the accused screams out that they want to see a lawyer, the police would shout back, "Shut your mouth! You're not seeing a lawyer, you're a sex offender and we're going to find out why you did it!"
So I hope these nations like the US expand the indefinite detention rule. |
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configspace
Posts: 3717 |
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They're not better, they're just different. France and Canada, along with several other countries, make no distinction between virtual and real for child porn charges, though the punishment can differ. In the US, the charge (1466a) is not the same, though the punishment is just as bad *if convicted* (which is why many choose plea bargains under the threat, even if they could potentially win) but the requirements are higher and more complex. The only good thing about the Handley case is that defense was able to get a Federal judge to remove parts of 1466a on 1st amendment grounds. It now requires interstate commerce, and proving the material is obscene (via Miller test; courts). While there is a whole other debate on the exception of obscenity for 1st amendment (NOTE: this means it's not protected, NOT banned; most regular porn could qualify as obscene), that last part about actually proving legal obscenity in the courts is why law enforcement in general and the FBI don't bother preemptively. If not for that, could have a very easy time since it's all out in the open and published commercially. I have mentioned before that the FBI investigated 4chan for other incidents. They are well aware of what goes on there. IF the virtual stuff were treated as the real stuff in the US--very black and white like those other countries (e.g. UK, NZ, Canada, France, Sweden, Germany, etc)--then 4chan, sankaku and a ton of other sites, as well as commercial publications, and even Amazon, would be no more. Web hosts and blogging services would explicitly prohibit you from posting any nude or explicit drawings of what may be judged a minor too, but obviously they don't. Though this is a federal law, proving obscenity legally requires judgement on the local level (this also brings up 10th amendment vs commerce clause, but that is another issue) That means deferring to state laws and courts. Some states don't have any laws against it and others explicitly allow it, like California for example:
(CA also makes an exception allowing obscene materials to be distributed to 18+ and minors by guardians) for example, remember that JList is in CA, MediaBlasters is in NY |
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Tuor_of_Gondolin
 Posts: 3524 Location: Bellevue, WA |
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It seems that Thought Crime is alive and well in France.
What a shame. |
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Tanteikingdomkey
 Posts: 2346 |
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As a victim I am saying HELL NO I don't believe him. why the heck would I ever want to relive the most painful moments and emotions of my life. I am with the judge on this one. 6-8 year olds really, what series would....I am not going to ask that. is it a thought crime yes, but the guy should get court appointed counselling, jail time probably not, but certainly counselling because people like it or not your thoughts become your words, your words become your actions, and your actions define you. |
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Mikeski
Posts: 608 Location: Minneapolis, MN |
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This is the same country that has sheltered an actual admitted child rapist (Roman Polanski) forever, right?
Just checkin'. |
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Tanteikingdomkey
Posts: 2346 |
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what's the phrase I am looking for something about an eye and a twig and a brother and a log. |
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Mad_Scientist
 SubscriberModerator  Posts: 3011 |
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Well, I'm not going to speculate too much on whether the guy was lying or not, but I will say that his situation is certainly rather different than yours. For you, it would be reliving something horrific that you experienced for real, but he has (as far as I know at least) never experienced any actual sexual abuse. So any fantasy for him would be just that. A complete fantasy that would be far removed from the reality of such a situation. But regardless of how the guy is imaging himself, I am uncomfortable with the idea of even going as far as court ordered counseling simply on the basis of the possession of such pornographic material.
I think what you are thinking of is the saying from the Bible, which went something along the lines of "Do not try and remove the the speck from your brother's eye until you have first removed the twig from your own eye." |
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Jackstick
 Posts: 92 |
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I misread the title as French Maid Gets 1-Year Sentence for 'Manga Pornography'.
That would be so much more interesting. |
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Tanteikingdomkey
Posts: 2346 |
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I know the phrase I was just trying to be subtle about it. Mister wright do you have a problem with charging someone for having child pronography because that is what they charged him with (and gave him the lightest sentence possible probably since it was drawn and not a real 6-8 that was getting rapped). |
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