Forum - View topicCommentaries on Handley's Sentencing for Obscene Manga
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prime_pm
 Posts: 2337 Location: Your Mother's Bedroom |
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And it only took four years for the case to close. Progress!
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ikillchicken
 Posts: 7272 Location: Vancouver |
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Augh! I really want to support Handley here but people just wont stop posting stupid shit!
NO! DO. YOUR. HOMEWORK. The stuff he had is way beyond anything legal with real people. If you were caught with pics of actual little children being raped by dogs you would get vastly more than 6 months even with a plea. God...Think before you post. It kills me to see the small handful of people with the sense to realize the absurdity of this also invalidate their own point by acting like ill informed internet nuts. |
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Gilles Poitras
Posts: 476 Location: Oakland California |
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True. But consider this. Do you have any Ranma 1/2, Evangelion, Kashimashi, Maria Sama go Miteru, Nadia, Pokemon or Sailor Moon sexually explicit dojinshi? If so you could be arrested under the Protect Act. All the characters have to be is under 18, or seen by authorities as looking under 18. Hell plenty of US distributed titles, both anime and manga, have characters that are under 18 and shown having sex. And not all of these are "hentai" works, there are seinen manga with just one of two images in a volume. One image is enough for such an arrest. I had a pretty stressful time with this case as I was one of the potential expert witnesses being considered by the defense team. The choice they finally made was a far better one than I. I urge everyone here to consider joining the Comic Book Legal Defense Fund. http://www.cbldf.org/ |
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wandering-dreamer
 Posts: 1733 |
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Um, were the titles of the manga ever released? I've read a bit about the case but without knowing the manga titles it seemed a bit silly to draw my own conclusions.
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Takeyo
 Posts: 736 |
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Tempest
 I Run this place.ANN Publisher  Posts: 10424 Location: Do not message me for support. |
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Not quite accurate. He was convicted for the "Possession of Obscene Visual Representations of the Sexual Abuse of Children." It's still technically a child-porn law, not an obscenity law. One way of looking at it is "Visual Representations of the Sexual Abuse of Children are illegal unless they are not obscene (ie: have artistic merit)." AFAIK, the possession of normal obscene material is not illegal (transmitting, sending and receiving are a different matter). But with "Obscene Visual Representations of the Sexual Abuse of Children," possession itself is a crime (one of two crimes he was convicted of). So yes, obscenity was a big part of this, but it's more accurate to say that both obscenity and child porn (virtual) played equal parts. -t |
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Tempest
I Run this place. ANN Publisher Posts: 10424 Location: Do not message me for support. |
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Not certain if you're referring to Handley or to the dojins at A-Kon, but if you we're referring to Handley, you'd be incorrect. Handley was charged with 4 things, but the superseding charge was one of possession, and in return for his plea, prosecutors dropped all the other charges, including the transport charges. He was convicted only of possession. Of course, had he not transported anything, he would never have been caught. -t |
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jabman025
 Posts: 4 |
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my biggest problem with this case was well put by the editor of Dark Horse.
What on earth was the point of the prosicution. What did or who did Handley's crime effect. Essentially he was found guilty of masturbating to legal, but contreversial material. Don't we have drug dealers or murderers that need to be prossecuted or am I missing something. |
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joey joe joe jr.
Posts: 1 |
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This may be a dumb set of questions, but I'm hoping you guys will pardon my ignorance and humor me: can I get in trouble with the law just for having hentai on my PC? I don't have any 'pure' loli or shota stuff (not my cup of tea), but I do have stuff that involves high schoolers so technically they're still minors. Is that type of thing illegal? I was under the impression that the section of the Protect Act that criminalized that stuff was deemed unconstitutional. Am I in the clear or do I need to start deleting some folders?
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jtstellar
Posts: 94 |
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more violation of our liberties when an individual does no physical harm to anybody else.
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Tempest
I Run this place. ANN Publisher Posts: 10424 Location: Do not message me for support. |
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1) Having it on your computer is possession, so yes, you can get in trouble. 2) If they're under 18, they're minors. 3) The old law was deemed unconstitutional, it was replaced with a new law that circumvents the constitution by requiring that the material be obscene representations of sexual abuse for it to be illegal. 4) Even if the hentai isn't "child porn" it might be obscene by local standards and you could get in trouble with obscenity laws that have nothing to do with the PROTECT Act. BUT 5) So far there have been no PROTECT Act cases based entirely on High School Hentai. 6) So far there have been no cases based entirely on private possession/consumption of under-age hentai. Handley was convicted of possession, but he was caught because the stuff was in the mail. 7) Hentai involving older high-school students is available off the shelf in North America from reputable businesses. 8) Are the characters really under 18 ? It's often argued that a) High School seniors in Japan are often 18 or 19 and b) the characters are actually in a 2-year post-high-school college that would put them in the 18-21 age range. (this is complete bs, but the argument is used). 9) Where do you live? Many communities would not consider visual depictions 1:1 consensual sex between two 17 year olds as "obscene" or "sexual abuse." 10) So far, the only two people ever charged with crimes related to "Obscene Visual Representations of the Sexual Abuse of Children" have been caught because they did something to get caught. One guy (Handley) ordered it through international mail, and the other downloaded child porn on a government computer while he was on probation for a previous child porn charge. 11) Non child-porn obscenity laws usually only apply when you've transported the material across state (or international borders), sold it, or displayed it to others (whether privately or publicly). There are no absolutes here, but in a gray world, where black means you're going to jail and white means you have nothing to fear, you live in an almost pristine white house with just a touch of gray around the windows. Keep the windows closed, and you honestly have nothing to worry about. Put a big neon sign on the door that says "visual representations of 17 year old high school girls being raped by tentacle monsters inside" and you're asking for trouble. I have not just given you legal advice, just expressed my opinion. -t Last edited by Tempest on Thu Feb 25, 2010 1:33 pm; edited 2 times in total |
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rinmackie
 Posts: 1040 Location: in a van! down by the river! |
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You're probably ok for now. Handley got busted for ordering something through the mail. But I would just make sure to do it on your home computer. Don't do it at work or on a public access computer. You might want to but them in a password protected folder (especially if other people use your computer)and just hope no one has any cause to look through your files. |
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keikanki
 Posts: 107 |
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Isn't that literally a requirement since the responses themselves say:
IOW, that's exactly the topic of discussion being reported upon? |
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mckg1
 Posts: 287 Location: From Puerto Rico living in Japan |
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This is bull shit. The guy did nothing wrong. WTF, this is a bull shit case, its manga dude, its not like they are arresting parents who let their 8 year o;ds play rated m games with murder and rap. This case is stupid and not even worth looking at, i9 mean they went through his propity, wtf dude let the guy do what he wants. Stupid Fucks federal courts are so freaking stupid, US govnt just hit a new low.
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mckg1
Posts: 287 Location: From Puerto Rico living in Japan |
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