August 1st Ask John Lolicon Legality

[VacantEyes]

Imported Japanese lolicon art does not contravene the American legal definition of child pornography established by US Code 18, section 2256, point 8, therefore making it legal.

John,

I understood and generally agreed with everything you said up until the last four words of your response. The fact that lolicon is not explicitly banned outright should NOT be interpreted to mean that all or most lolicon is therefore legal anywhere in the US. Instead, it simply leaves the question up to our standard legal tests for unprotected obscenity. Several locations in the US are legally active against potentially obscene works which could eventually include both lolicon and hentai in general.

For more information on how such tests are administered and interpreted, you can read about the Miller Test here....

http://en.wikipedia.org/wiki/Miller_Test

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Also, here are some examples of areas which are believed to be legally active against potentially obscene media, possibly including lolicon and hentai as prosecutors become better acquainted with such products.

Alabama - Statewide
Tennessee - Statewide
Florida – Zip Codes 32300-32399, 32500-32599
Oklahoma City, OK
Newport News, VA
Fairview Heights, IL
Belleville, IL
Southern, OH
Mississippi - Zip Codes 386xx-397xx
Utah – Zip Codes 840xx-841xx 843xx-847xx
Montana – Zip Codes 591xx
North Carolina – Zip Codes 282xx

[HitokiriShadow]

For an interesting read, go read the response thread to the most recent Answerman column on ANN. It's mostly about this topic, more or less. I don't think I've ever seen an ANN thread grow that quickly (36 pages in about 4 days). Well, except maybe for the "Naruto is Licensed thread". I'm sure that one was even bigger.

[Joeshie]

You're getting overworked for nothing. Even if the law does target lolicon, it will be ruled unconstitutional as similar laws have been in the past. The courts have stated twice that lolicon is protected under the First Amendment.

[ransom]

However obscenity is defined on a state by state (and often a region by region) basis.

Your lolicon anime is constitutionally protected free speech in New York, but it is considered obscene in many areas (the list above). Kind of a grey area. You live in those areas, validate your purchases.

[ZeroRyoko1974]

I wish this topic would just die. Its kind of funny seeing the people get frantic over the idea of lolicon being illegal. ZOMG lolicon is illegal, what will I ever do, I think I will pirate some anime or movies, or mp3's. Thats all legal, yeah, that will make me feel good.

[CrossboneGundam]

The supreme court already ruled that "virtual child pornography" is legal.

[John]

John,

I understood and generally agreed with everything you said up until the last four words of your response. The fact that lolicon is not explicitly banned outright should NOT be interpreted to mean that all or most lolicon is therefore legal anywhere in the US.

Point taken. I've updated the article to include the following line:

(although local municipalities may interpret the law to their individual preference)

[VacantEyes]

For an interesting read, go read the response thread to the most recent Answerman column on ANN. It's mostly about this topic, more or less. I don't think I've ever seen an ANN thread grow that quickly (36 pages in about 4 days). Well, except maybe for the "Naruto is Licensed thread". I'm sure that one was even bigger.

That was an interesting (and difficult) read. Thanks for the suggestion.

You're getting overworked for nothing. Even if the law does target lolicon, it will be ruled unconstitutional as similar laws have been in the past. The courts have stated twice that lolicon is protected under the First Amendment.

I'm a stickler for details. If we're going to discuss legal issues, it might behoove us to be as specific as possible. In your case you seem to be making the same mistake John originally made. Just because lolicon might not be illegal merely because it's lolicon doesn't mean in any way, shape, or form that it can't be declared illegal as a result of obscenity charges. This also includes hentai and even anime in general, which is why it's so important to be aware of it.

However obscenity is defined on a state by state (and often a region by region) basis.
Your lolicon anime is constitutionally protected free speech in New York, but it is considered obscene in many areas (the list above). Kind of a grey area. You live in those areas, validate your purchases.

Exactly. Also, again, this goes beyond lolicon to include all hentai and some of the more risqué anime titles as well. I think we can all agree that lolicon will probably be the first under the spotlight, and most of us probably won't miss it one bit. However, in due time it's conceivable that even mainstream hentai titles would be targeted as well. Remember, even "Teletubbies" has been accused of being obscene, and every hentai title I've ever seen goes far beyond anything they'd ever dream of showing on Teletubbies!

I wish this topic would just die. Its kind of funny seeing the people get frantic over the idea of lolicon being illegal. ZOMG lolicon is illegal, what will I ever do, I think I will pirate some anime or movies, or mp3's. Thats all legal, yeah, that will make me feel good.

Unless you can quote me where you think I became "frantic" or where I promoted illegal downloading in my post above, I'll kindly ask you to leave and post your random nonsense somewhere else.

The supreme court already ruled that "virtual child pornography" is legal.

No, they simply ruled that virtual child pornography is not illegal simply because of its genre. However, that would not stop any locality from charging creators and sellers with obscenity charges if they felt it went beyond local community standards.

Point taken. I've updated the article to include the following line: (although local municipalities may interpret the law to their individual preference)

Thanks John.




[Edited to replace "link" with "suggestion".]

[BLACKANGEL32076]

>John and VacantEyes

Good work keeping us posted Gentlemen. Even though I am not a Hentai or Lolicon fan, this is important info for all Anime fans

BTW, Where did you get the info regarding obscene media and Florida zip codes? I have no idea what i would type in Goolge or Dogpile to find the correct info.

[animeotaku99]

The supreme court already ruled that "virtual child pornography" is legal.
actually that part refers to computer generated images that are made t o pass off as real. Lolicon it self is NOT illegal but some states/cities may deem it obsene.
also convicted sex offenders can not possess it or any pornograpnic material

[Captain Jack]

Does that include ol' John. He does fancy little girls right?