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[18+] Hentai in America

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  • [18+] Hentai in America

    Widgets Magazine
    Hope I'm posting this in the right -subforum. So after reading this story:
    http://www.animenewsnetwork.com/news...dell-louisiana

    I got to wondering: what is the state of the law with respect to hentai in the U.S.?

    I'm guessing any prohibitions would be geared more towards lolicon or whatever is considered child porn, and rightly so. But here are few hypothetical situations:

    1. What if a website hosts both run of the mill straight hentai and lolicon? If the preview pics or thumbnails depict lolicon and are saved on your hard drive's cache when you visit the main page, would that make you liable for the child porn even if you never accessed, much less downloaded it?

    2. How about those hentai manga/doujin where in the characters look very adult from the cover/preview, but when you open it - uh oh! - one of the characters is CLEARLY underaged! Would you be liable then?

  • #2
    Re: [18+] Hentai in America

    The people who usually propose these kinds of laws don't exactly care to understand how computers work. It probably depends on how good your lawyer is.
    Avatar: Misaka Mikoto, the Railgun. Level 5 Electromaster and Ace of Tokiwadai Middle School.

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    • #3
      Re: [18+] Hentai in America

      Right now, to the best of my knowledge, there are no actual federal laws on the books barring pictures of lolicon. Efforts have been made several times, but awkward wording in the various legislations have always helped them get voted down, for fear of over use or incorrect application of the law (for example, some of the laws as they were worded would have made any Renaissance religious paintings with nude cherubs/cupids technically illegal...)

      Now, that hasn't stopped prosecution from happening, with a fervent (read: attention-seeking) prosecuter proceeding with "obscenity" charges, which is what happened to Christopher Handley in Iowa if I'm remembering correctly. Obscenity laws seem to be different from district-to-district and state-to-state so prosecuters in certain areas have more leeway to go after people.

      As for your questions-
      1. Right now, it's still okay to visit websites like, say, Sankaku Complex, and not be doing anything illegal if you check out their cache of loli or hentai artwork. I would say that as long as a person doesn't have REAL child porn and is careful about storage/caching of any potential loli artwork, they should be fine.

      2. This is harder to answer and I think would depend on how an attorney argued the matter if it came to court for whatever reason...

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      • #4
        Re: [18+] Hentai in America

        Thought this might be useful:

        http://okazu.blogspot.com/2011/06/ma...fense-101.html

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