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NEWS: Virginia Man's 20-Year Sentence for Anime Child Porn Upheld


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rinjichan



Joined: 18 Dec 2007
Posts: 58
PostPosted: Fri Dec 19, 2008 10:16 pm Reply with quote
There's a lot of variables to consider if sexualized images of minors should fall under the title of child pornography.

What if real models were used but were drawn as opposed to photographed? Or child pornography photographs were used as reference for the manga/drawings? Is there any way to know that the manga or artbooks being purchased weren't created solely based off conjured images in the artists' heads? If they weren't, what does that mean?
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labantnet



Joined: 18 Apr 2007
Posts: 57
Location: Anoka, MN
PostPosted: Fri Dec 19, 2008 10:25 pm Reply with quote
The guy should go to Jail for the real child porn, but the problem with the ruling is that it sets a precedent, or Case law, that loli Henti, and, well, Loli anything, can be considered lewd. Also, remember that porn does not require sex, just nudity. So Mahoromatic, with it's 16 year old naked maid is Porn, and Child porn at that, now. Anyone seen some of those pictures from Japanese Magazines of Louise from Zero no Tsukaima? You know, the Naked ones? Well because of this case, Child porn. Sometimes people don't think of that. One case sets a precedent, and a precedent makes Case law. Any of you that have any of these, or anything like it, can now be subject to prosecution under Child Porn laws. THAT is why this ruling is so important. That's why everyone should fight the ruling. It's Absurd.
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konkonsn



Joined: 30 Apr 2008
Posts: 172
Location: Illinois
PostPosted: Fri Dec 19, 2008 10:32 pm Reply with quote
Josh7289 wrote:
It has to be clarified that fiction is fiction, and fiction in no way harms actual people.


Yeah, that's why it's never had any influence over people's thoughts or actions.

Oh wait...
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Cait



Joined: 29 May 2008
Posts: 503
PostPosted: Fri Dec 19, 2008 10:33 pm Reply with quote
rinjichan wrote:
There's a lot of variables to consider if sexualized images of minors should fall under the title of child pornography.

What if real models were used but were drawn as opposed to photographed? Or child pornography photographs were used as reference for the manga/drawings? Is there any way to know that the manga or artbooks being purchased weren't created solely based off conjured images in the artists' heads? If they weren't, what does that mean?


While that might be a possibility, the PROTECT Act basically flies in the face of the entire spirit of the US justice system. People are supposed to be "innocent until proven guilty," not "guilty unless you can prove the drawings weren't based on real people" which is basically the way the law currently is. I understand why the law is written the way it is (to catch actual child pornography without the trouble of proving it is real child pornography), but setting a precedent like this is defying the intention the law was created with, basically in order to justify a moral objection to fictional pornography.

Anime is a very styplized artform. An anime character, even one "inspired" by a real person, can never be confused with one. The idea that manga artists could possibly be using real children for their loli manga is reaching for a justification if you ask me.
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cyberbeing



Joined: 28 Mar 2007
Posts: 135
PostPosted: Fri Dec 19, 2008 10:41 pm Reply with quote
dtm42 wrote:
cyberbeing wrote:
In 1999 he went to jail for real child porn.


Wait, where does it say that?

Click on the source link in ANN's report: http://www.google.com/hostednews/ap/article/ALeqM5hJ-ZPbjBP2nc1wF3JqIbElBYgKngD9563DJO0

At the bottom
Quote:
He previously was sentenced to 46 months in prison for a 1999 child pornography conviction.

He then had a second child pornography charge in 2005, and as always punishment will be more severe for repeat offenses.
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braves



Joined: 29 Dec 2007
Posts: 2309
Location: Puerto Rico (but living in Texas)
PostPosted: Fri Dec 19, 2008 10:48 pm Reply with quote
*Delete*

Last edited by braves on Fri Dec 19, 2008 11:25 pm; edited 1 time in total
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grgspunk



Joined: 03 Mar 2007
Posts: 136
PostPosted: Fri Dec 19, 2008 11:01 pm Reply with quote
Doesn't the PROTECT Act require that the alleged cartoons be "obscene"? If "obscene" porn was already illegal to begin with, then wouldn't the stuff he saw be considered illegal, even without the PROTECT Act?
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Clobclark



Joined: 30 Sep 2008
Posts: 6
Location: Calera, Alabama
PostPosted: Fri Dec 19, 2008 11:04 pm Reply with quote
konkonsn wrote:
Josh7289 wrote:
It has to be clarified that fiction is fiction, and fiction in no way harms actual people.


Yeah, that's why it's never had any influence over people's thoughts or actions.

Oh wait...



By that logic, let's get rid of every piece of art/anime/video game/T.V. show that depicts violence or shows laws being broken.
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jsyxx





PostPosted: Fri Dec 19, 2008 11:07 pm Reply with quote
Ugh, can the supreme court just rule on this already. Well they did, but I guess once wasn't enough. >_>
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Crawly



Joined: 19 Feb 2006
Posts: 204
PostPosted: Fri Dec 19, 2008 11:08 pm Reply with quote
There have been several of these cases talked about, but is this the one where the guy had previous sex abuse charges and wasn't supposed to have ANY pornography in his possession as a condition of his release? And he was caught because he was doing all of this on a public computer in a library?
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tygerchickchibi



Joined: 29 Sep 2006
Posts: 1461
PostPosted: Fri Dec 19, 2008 11:09 pm Reply with quote
Wow, since he's busted for Child pornography, that is one thing...adding the virtual loli is worse. The thing that really bothers me about loli, is that loli doesn't always show the character age. Or they're a lot older than what they appear to be physically.


I would rather not have the fiction be placed with nonfiction, But meh...
his sentencing was quite a shock to me.

On a side note... unless the e-mail actually was sent to a minor, I call shennanigans. It shouldn't even have been brought out against him.
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nooneofconsequence



Joined: 08 Jan 2007
Posts: 57
Location: WV
PostPosted: Fri Dec 19, 2008 11:12 pm Reply with quote
Basroil wrote:
I have no problems with his conviction seeing as he had real child porn but the inclusion of drawings is unbelievable. This is the death of the US Constitution if having any kind of drawing can put you in prison.


The US Constitution is a living and adaptable document that will survive. It was designed to be tested like this. I mean stuff like the Alien and Sedition Acts of 1798, Espionage Act of 1917, Sedition Act of 1918, and Smith Act should have killed it a few times already if we want to use your and others' alarmist rationale. If something is truly unconstitutional, the US Supreme Court will find it so and remedy the situation.

Underage porn no matter if it is either the real deal or something illustrated is just wrong, and I strongly feel that fandom should grow a pair and set some standards about what situations to support in these types of cases instead of going into either a Chicken Little mode or persecution complex about the First Amendment. The stuff these guys were arrested with is a completely different nature than what you find in mainstream Japanese magazines like Megami or anime like Mahoromatic. With the Catholic priest scandals, Michael Jackson trial, large child porn ring busts, and the fact that child slavery is very alive and well throughout the world, I really can't feel sorry for anyone who goes to trial for possession of loli porn... especially with some of the more hardcore stuff. Reality is way too sobering to elicit any of my sympathy.
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grgspunk



Joined: 03 Mar 2007
Posts: 136
PostPosted: Fri Dec 19, 2008 11:17 pm Reply with quote
nooneofconsequence wrote:
Underage porn no matter if it is either the real deal or something illustrated is just wrong, and I strongly feel that fandom should grow a pair and set some standards about what situations to support in these types of cases instead of going into either a Chicken Little mode or persecution complex about the First Amendment. The stuff these guys were arrested with is a completely different nature than what you find in mainstream Japanese magazines like Megami or anime like Mahoromatic. With the Catholic priest scandals, Michael Jackson trial, large child porn ring busts, and the fact that child slavery is very alive and well throughout the world, I really can't feel sorry for anyone who goes to trial for possession of loli porn... especially with some of the more hardcore stuff. Reality is way too sobering to elicit any of my sympathy.


Those "two things" may be different to us, but how the hell do we know that "they" are going to tell the difference? You think that the whole "anime is all porn" stereotype exists for no apparent reason?

You tell us to grow a pair? You should grow a brain.
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zerome



Joined: 14 Aug 2006
Posts: 17
PostPosted: Fri Dec 19, 2008 11:22 pm Reply with quote
so does this mean if someone downloads straight shota images, and hentai, does that mean he will be hunted down and jailed for 20 years? or does there have to be a serious count that needs to start it and eveything else piles on top of it?

an example would be lets say a robbery and then they find straight shota doujinshi and hentai videos.

or is it like they watch you from the internet downloading images, and then come after you.

I mean does this mean over 100 thousand americans are going to jail; is it going to be just like the mp3 download and torrent hunts of the past and present.

if that's the case alot of people are going to leave the failing econmically suffering oil mongering country soon.

God I love this place.
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zerome



Joined: 14 Aug 2006
Posts: 17
PostPosted: Fri Dec 19, 2008 11:23 pm Reply with quote
so does this mean if someone downloads straight shota images, and hentai, does that mean he will be hunted down and jailed for 20 years? or does there have to be a serious count that needs to start it and eveything else piles on top of it?

an example would be lets say a robbery and then they find straight shota doujinshi and hentai videos.

or is it like they watch you from the internet downloading images, and then come after you.

I mean does this mean over 100 thousand americans are going to jail; is it going to be just like the mp3 download and torrent hunts of the past and present.

if that's the case alot of people are going to leave the failing econmically suffering oil mongering country soon.

God I love this place.
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