Forum - View topicNEWS: Virginia Man Found Guilty of Downloading Child Porn
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msi435
 Posts: 465 Location: Behind you! |
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This Virginia man dose deserve the sentence he received based on his prior offenses and the continuation under parole in which he commits them. But the thing I am concerned with is the anime depicting minors. I have never seen a case in any hentai were they deem the characters to be under age. Even under Japanese law, having anime porn depict minors is illegal. Unless the pictures or movies specifically said these characters are X < 18 old than he should be acquitted of the anime porn charge. We all know anime characters that look like there 12 could be 20 or vise versa. Drawings don't have ages unless they are specifically deemed as having one.
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Zac
ANN Executive Editor
 Posts: 7912 Location: Anime News Network Technodrome |
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I think this is really just excusing pedophillic behavior and calling a spade an ace. We know when the girl in the drawing is supposed to look like she's 12 years old. You can sit there and say "but she's 20!" all you like, but it's obvious what's really going on. It's pointing at the sky and saying it's green. Everyone knows it's blue. |
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remember love
 Posts: 764 Location: Germany |
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Depends on whats in the atmosphere.lol. 
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msi435
Posts: 465 Location: Behind you! |
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You have point, but that doesn’t excuse the fact that legally it is wrong to charge some one with something based on looks alone; you need hard evidence. Just because it looks like something doesn’t mean it is what you speculate it to be. If the charge goes through in court than wouldn't that mean many people on ANN who watch hentai would be considered sexual offenders? Then again, we don't know exactly what anime picture or movies he was viewing. If it is illegal than by all means it should be a valid point, but if it was just a normal hentai with characters looking underage then it would be unjust. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10420 Location: Do not message me for support. |
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I believe he's saying that he finds it odd that western law punishes the consumer as well as the producer. Because the consumer "didn't do anything" he only looked at what was done by other people. -t |
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fxg97873
 Posts: 211 Location: Houston, TX |
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Well, I think there is a larger far more reaching issue at hand (which he later states in his comments) which is privacy, thought and expression within your own home. Perhaps a better example than possesion of child pornography (I won't use pedophile since it is a clinical term with requirements and limitations) is this: There are some men who like to cross dress. Perhap at their own time, in their own house they like to prance around in women's underpants. There are some people in society and lawmakers who may find this activity disgusting. Perhaps they believe that if such activity goes unchecked or unpunished it will be detrimental to general public morality and decency. Historically, when society or government wants to take away rights, they go for the kinks in the armor. In this case, the entity behind the armor is privacy and thought. Although the rest of the armor may consist of simple things (that we take for granted) such as expressing your thoughts on a journal at your home, speaking freely with your family members or even writing a poem, it only takes a weak spot ("sexuality"...the usual whipping boy) to penetrate the armor, break the rest of it and kill or maim the entity behind it (privacy and thought) My short-term fear is that some lawmaker will stumble upon some anime title (perhaps a Ninja Scroll or an Ikki Tousen) and will ensue on "a righteous campaign to rid America of this lewd and disgusting material infiltrating our shores from Japan". Believe this scenario...fear it...fight for what's yours. Fight for EVERYONE's rights and you will save your own. mk2000 Last edited by fxg97873 on Fri Dec 02, 2005 7:28 pm; edited 1 time in total |
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RadicaLElly
 Posts: 194 Location: Coral Springs, FL |
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Did anybody else first read that as "Virgin Man Found Guilty of Downloading Child Porn"?
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hikaru004
 Posts: 2306 |
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I think that this law actually makes it easier to convict someone. Title V Section 504 also notes that possession is also an offense. Title V, Section 501 removed 1st Amendment rights. (117 STAT.676) Title V Section 502 placed a time limitation on certain defenses. (117 STAT.678-80) Title V Section 503/504 not only included possession, distribution, but also included using material to entice a minor to participate in acts. Section 504 also added the test serious to the "artitistic, literary or scientifc value" clause. It also adds that the minor depicted need not actually exist. (117 STAT.680-682) Title IV Section 401 uses the number of images as part of the sentencing guidelines. If you possess a video file, you are in bad shape! (117 STAT.673) Title V Section 506 allows prosecution if you are outside of the US with intention of distributing it inside of the US. (117 STAT.683) |
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lightweight
Posts: 2 |
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People have a lot to say about this. I was kinda surprized when I first read the article because of the idea of going to jail over hentai seemd a bit much. But I suppose that is more of an issue of his parole than anything else. He was on parole for this sort of behavior, so he has most likely hurt someone in the past and spending the rest of his life in prison is more than justified if that is the case. The issue of him being a "sick man that needs help" is a tricky one. It is true the pedophiles are sick people and need help but right now there doesn't seem to be any. No form of medication or conditioning thus far has had any impact on "curing" a pedophile. They may need help but right now society has none to offer them. What they are doing is illegal so they must pay the price for braking the law.
What really confused me about this whole issue is the fact that people are saying that it is illegal for a cartoon to portray a minor in a lued or sexual act. Back in the nineties, when American Beauty came out, there was this whole stink in congress to make "virtual porn" illegal. The idea was that the lawmakers felt it was wrong for movies to portray underage characters either in the nude or in a sexual act even if the actor playing the part was of age. If my memory is correct, the bill got shot down somewhere over the Atlantic and has never been found (not even the little black box). Isn't cartoon porn depicting minors having sex virtually the same thing? |
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angel_lover
 Posts: 645 Location: UK |
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And another thing, why is the US government coming down so hard on child pornography when US law enforcement agencies are the main distributors of child pornography? (Source: R. P. Tyler, LAPD, in a seminar conducted at the University of Southern California)
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Kazuki-san
 Posts: 2251 Location: Houston, TX |
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If it looks like a duck...
No. Just like any other law there is no simple black and white. Two people can be accused (and guilty) of similar crimes with similar evidence and similar background and yet the outcome of the case is completely different. His prior problems bring more attention to his habits, and it makes it easier for a jury to throw the book at someone.
Well, according to the article..
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Keonyn
 Subscriber Posts: 5567 Location: Coon Rapids, MN |
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The primary issue is there's been far too many sex crimes committed against minors in the past by people who had viewed or held material of both real and simulated material depicting such acts for years before the actual offense. Porn doesn't keep your average individual from seeking the similar deal in reality, if anything it only inspires them to act more, this is little different.
If they enjoy that on paper or in a cartoon then there's a good chance they'll enjoy that in reality. Ignoring it could very well to that individual eventually reacting to their desires in a fashion that can actually hurt someone. This may be an extreme case with quite a proposed punishment, but look at the facts, this was no saint we're they're dealing with and he's obviously far from reformed. Sometimes it's better to act and save those who could be hurt rather than wait for the victims to stack up. |
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angel_lover
Posts: 645 Location: UK |
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Care to back that claim up with some evidence? |
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fxg97873
Posts: 211 Location: Houston, TX |
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Well, I enjoy Steven Seagal movies but it doesn't mean I go around breaking people's necks 
mk2000 |
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Tempest
I Run this place. ANN Publisher Posts: 10420 Location: Do not message me for support. |
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Oh, his statement is very reasonable. Fact is, someone who is going to go as far as child molestation for pedophilac purposes, isn't going to shy away from child porn before/after the event. But,
There's as much a link between virtual child porn (where no real person is harmed) and child molestation as there is between violent video games (where no real person is harmed) and columbine. The link, is undeniably there in both cases, but to say that one leads to the other is a big stretch. -t |
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