how much of hentai/menga is illegal?

[SexualChoc]

I have returned from a trip
to find a tease was taken down with hentai images
being a moderator
I figured I would educate myself on what exactly the laws are?
the long version:
http://www.missingkids.com/missingkids/ ... ageId=1476

the short version

§ 2256. DEFINITIONS FOR CHAPTER

For the purposes of this chapter [18 USCS §§ 2251 et seq.],

8) "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where--
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct

so.. be VERY careful posting any anime porn

[all2true]

In compliance of US laws
I have voluntarily taken down a tease called Anime fest.

all2true (aka Sexualchoc)

[Nezhul]

lol, this moral hype is just insane. Let's take down everything! Milovana is immoral piece of disgusting fetishes anyway!

[Timshel]

I'm as kinky as the next guy, but the idea of Child pornography is one I take seriously.

Granted in this case it's an image that is drawn rather than a photo image. Still there is an incredible amount of images out there that if something is questionable it's not hard to go out find something that is not.

I would not call this moral hype, but good sense.

[janmb]

I don't see anything in that paragraph regulating drawn images/cartoons.

[Incubo]

I don't see anything in that paragraph regulating drawn images/cartoons.

I'm no lawyer or anything, but personally I took this:

...whether made or produced by electronic, mechanical, or other means,...

to mean drawings were included.

Notice int he first part it also distinguishes between photographs and pictures.
Again...I take that to mean drawings.
Or it could be just me I guess.

[janmb]

The "picture" part may be intended to cover it, aye.

It's a stretch, but since the paragraph also lists photo, non-photographic pictures is the only possible match for the picture part of that paragraph, probably including drawings. In my book, a drawing is not a picture, but that must be the case here

[anon3031]

I am not a lawyer, but that definition of child porn seems to clearly exlude anime. In order to qualify, an image must:
A) "involve the use of a minor engaging in sexually explicit conduct"
OR
B) "be indistinguishable from, that of a minor engaging in sexually explicit conduct"

Clearly, no actual minor is involved in the creation of the image.
And, it should be clear to anyone looking at the image that it is not an actual child, so it is hardly indistinguishable.

[Nezhul]

Where have you been earlier?!

[Banquo]

lol, this moral hype is just insane. Let's take down everything! Milovana is immoral piece of disgusting fetishes anyway!

That's a bit of an over reaction isn't it. The vast majority of stuff on Milo would be defined as legal things involving children (drawn, sculpted from clay, or formed through psychic resonance of water.) clearly are.

I am not a lawyer, but that definition of child porn seems to clearly exlude anime. In order to qualify, an image must:
A) "involve the use of a minor engaging in sexually explicit conduct"
OR
B) "be indistinguishable from, that of a minor engaging in sexually explicit conduct"

Clearly, no actual minor is involved in the creation of the image.
And, it should be clear to anyone looking at the image that it is not an actual child, so it is hardly indistinguishable.

No minor would be involved in the creation of a CGI but that is still specifically mentioned. And there is a definite delineation between photograph and picture in the legislation.

And it's not beyond the realms of sanity to imagine a world where people would draw the abuse they were perpetrating.

The law seems pretty clear to me. And the discussion and subsequent decision in the other thread on this seems pretty damn clear.

No sexual pictures depicting a cartoon character under 18. It's not hard to find alternative images.

[breathplayslut]

http://en.wikipedia.org/wiki/Legal_stat ... ing_minors

[LittleElfBoy]

"a visual depiction of any kind, including a drawing, cartoon, sculpture or painting", that "depicts a minor engaging in sexually explicit conduct and is "obscene" or "depicts an image that is, or appears to be, of a minor engaging in ... sexual intercourse ... and lacks serious literary, artistic, political, or scientific value".

The case I mentioned in the other thread is completely legit it seems. Using Non-Explicit pictures of minors in teases is not against the US Law. Only if the picture itself shows explicit stuff. So the example picture of Cirno I used in the other thread would be fine and this wouldn't.

[Sett]

The way i understand it (and i'm neither english native, nor lawyer) it says:

Child pornography is:
a) documented sex with minor
b) indistinguishable (computer) imitation of a)

So by that definition i believe Hentai IS LEGAL in the US, as one would have to be really badly damaged to mistake Hentai for an actual sex tape.

Whether it's positively harmless in all cases, is quite different matter though.

Also: While "Using Non-Explicit pictures of minors in teases" on a site like Milovana would still technically be legal, we would be walking a very thin line here...