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Visual novels with underage girls.


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Tempest
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Joined: 29 Dec 2001
Posts: 10420
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PostPosted: Wed Feb 22, 2012 9:43 am Reply with quote
Regarding legality, it's currently a very gray area.

In 2003 the "Protect ACT" made virtual child pornography (VCP) illegal provided it is either 1) Obscene, or 2) indistinguishable from a real photograph (ie: photorealistic).

The first man convicted of possession/viewing of VCP in connection with the Protect Act, was already on probation for earlier offenses and was also found to have viewed real images of child pornography. It wasn't considered a true legal test of the VCP aspects of the act.

The second individual convicted of possession of VCP was convicted entirely based on possession of non-photo-realistic Japanese doujinshi. The court found that the material was "obscene" as per the miller test. One important thing to note about this case is that the children depicted in the doujinshi were unmistakably under the age of 15. I think it's safe to say that the younger the depicted children, the easier it is to get a conviction.

As far as I know, the law has not yet been tested with VCP that depicts ~16~17 year olds that are being identified as 18 years old. As Key and several others have pointed out, there is a lot of material that falls into this category.

In all honesty, I wouldn't expect there to be a trial regarding this type of material in the near future. But, in theory, if a customs official were to seize this material, a court to find that the characters are indeed under 18, and the material to be obscene, someone would probably end up in jail and labelled a "sex offender" for the rest of their life.

Regarding the obscenity clause, the prosecution wins almost every time. It's very easy to get a jury to agree that explicit scenes of "sexual abuse" of minors are obscene (They will call any sex with a minor, even consensual sex with between two 17-year-olds, "sexual abuse.")

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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Wed Feb 22, 2012 9:46 am Reply with quote
I find the JAST disclaimer pretty absurd since I've seen it attached to items where the characters themselves announce that they are under eighteen, Crescendo in particular.
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Annf



Joined: 20 Feb 2009
Posts: 578
PostPosted: Wed Feb 22, 2012 10:33 am Reply with quote
yuna49 wrote:
I find the JAST disclaimer pretty absurd since I've seen it attached to items where the characters themselves announce that they are under eighteen, Crescendo in particular.

Crescendo went on sale in Japan in 2003, and is a major-label game from D.O. (in other words, it's not doujin, and went through either the EOCS or CSA rating boards). That means it's impossible for it to have had characters under 18 in it.

Of course, JAST may have mistranslated (or "overclarified") it, like they did with Family Project.
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Cecilthedarkknight_234



Joined: 02 Apr 2011
Posts: 3820
Location: Louisville, KY
PostPosted: Wed Feb 22, 2012 1:40 pm Reply with quote
tempest wrote:
Regarding legality, it's currently a very gray area.

In 2003 the "Protect ACT" made virtual child pornography (VCP) illegal provided it is either 1) Obscene, or 2) indistinguishable from a real photograph (ie: photorealistic).

The first man convicted of possession/viewing of VCP in connection with the Protect Act, was already on probation for earlier offenses and was also found to have viewed real images of child pornography. It wasn't considered a true legal test of the VCP aspects of the act.

The second individual convicted of possession of VCP was convicted entirely based on possession of non-photo-realistic Japanese doujinshi. The court found that the material was "obscene" as per the miller test. One important thing to note about this case is that the children depicted in the doujinshi were unmistakably under the age of 15. I think it's safe to say that the younger the depicted children, the easier it is to get a conviction.

As far as I know, the law has not yet been tested with VCP that depicts ~16~17 year olds that are being identified as 18 years old. As Key and several others have pointed out, there is a lot of material that falls into this category.

In all honesty, I wouldn't expect there to be a trial regarding this type of material in the near future. But, in theory, if a customs official were to seize this material, a court to find that the characters are indeed under 18, and the material to be obscene, someone would probably end up in jail and labelled a "sex offender" for the rest of their life.

Regarding the obscenity clause, the prosecution wins almost every time. It's very easy to get a jury to agree that explicit scenes of "sexual abuse" of minors are obscene (They will call any sex with a minor, even consensual sex with between two 17-year-olds, "sexual abuse.")

*I Hate this topic*


I do myself sorry for digging up/opening wounds. I import eroges/vn's all the time but I make sure the characters look as if they are over 18 or at least it's all ages with tomoyo after memorial, kannon memorial etc, umineko etc you get this message. Aye.. well i will just leave this topic at rest now if anyone wants to play a decent eroge with huge parodies that makes fun of the genre I recommend my girl friend is the president. Peace out everyone...aye
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P€|\||§_|\/|ast@



Joined: 14 Feb 2006
Posts: 3498
Location: IN your nightmares
PostPosted: Wed Feb 22, 2012 8:15 pm Reply with quote
If you have doubts about an anime character who looks like she may be under 16, all you have to do is look at the publication date of the product. If it says 2009 or earlier, then you're good to go, she's technically over 18 now Laughing
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