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Dana ([info]dana) wrote in [info]unfunnybusiness,
@ 2010-02-13 12:13:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
‘Obscene’ U.S. Manga Collector Jailed 6 Months
Slippery slope, be careful USA, you could end up down the path Australia is well and truly down.
----

A U.S. comic book collector is being sentenced to six months in prison after pleading guilty to importing and possessing Japanese manga books depicting illustrations of child sex and bestiality.



Christopher Handley was sentenced in Iowa on Thursday, almost a year after pleading guilty to charges of possessing “obscene visual representations of the sexual abuse of children.”

The 40-year-old was charged under the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” Handley was the nation’s first to be convicted under that law for possessing cartoon art, without any evidence that he also collected or viewed genuine child pornography.

Without a plea deal with federal authorities, he faced a maximum 15-year sentence.

Comic fans were outraged, saying jailing someone over manga does not protect children from sexual abuse. “I’d say the anime community’s reaction to this, since day one, has been almost exclusively one of support for Handley and disgust with the U.S. courts and legal system,” Christopher MacDonald, editor of Anime News Network, said in an e-mail.

Congress passed the Protect Act after the Supreme Court struck down a broader law prohibiting any visual depictions of minors engaged in sexual activity, including computer-generated imagery and other fakes. The high court ruled that the ban was too broad, and could cover legitimate speech, including Hollywood productions.

In response, the Protect Act narrows the prohibition to cover only depictions that the defendant’s community would consider “obscene.”

The case began in 2006, when customs officials intercepted and opened a package from Japan addressed to Handley. Seven books of manga inside contained cartoon drawings of minors engaged in sexually explicit acts and bestiality.


Source


(Post a new comment)


[info]darksumomo
2010-02-13 03:49 am UTC (link)
I was just reading this blog post and was thinking of posting it here. Thanks for doing us all the favor of doing it first.

(Reply to this)


[info]eleutheria
2010-02-13 04:23 am UTC (link)
This is ridiculous. OMGTHINKOFTHEFICTIONALCHILDREN.

/headlaptop

(Reply to this)(Thread)


[info]brennalarose
2010-02-13 05:16 am UTC (link)
This. Just, this.

(Reply to this)(Parent)


[info]sandglass
2010-02-13 04:26 am UTC (link)
Shota is creepy, but c'mon guys. Fictional, drawn kids are fictional, drawn kids.

(Reply to this)


[info]reppupu
2010-02-13 05:05 am UTC (link)
Though I hate shota and loli with a burning passion, I can't see how manga porn = child abuser. I mean, wanking off to "Boku no Pico" in your bedroom doesn't mean you want to round up a bunch of little boys, does it? I might feel differently if this was a book of photographs of sexually abused children, but manga? Having lived over there, Americans would be shocked to see what they put up in display cases and on billboards. This is a country that has idol DVDs of 4th graders.

Then again, Japan has some of the most lax child pornography laws in the world, so I guess that's not saying much. I can't help but wonder the specifics of what he was importing. Not that I ever have (or ever will), but if you bring back Harry Potter porn, does that count under the Protect Act?

(Reply to this)(Thread)


[info]lady_ganesh
2010-02-13 05:31 am UTC (link)
Yeah, I was wondering how 'bad' it was too.

I don't understand how any of this stands after the Supreme Court ruling on virtual child porn, though.

(Reply to this)(Parent)(Thread)


[info]reppupu
2010-02-13 03:51 pm UTC (link)
I think it's that whole community's perception of obscene thing that's making it stick. I've also heard that he got caught on the technical side of it; apparently possessing that kind of material isn't bad, but importing it is. I can't say for certain, because there have been a ton of theories and false truths thrown around during this case, but unless it was some kind of legal loophole, I can't see how it stands either. While it may gross me out, I doubt a manga collector's gonna go out and snatch up little girls.

Though if it actually happened that a collector was found abusing children, woe be to the manga world on that day.

Guess this means I need to stop getting into fandoms where the characters are still in high school! When I was young and naive (and I do mean young, I must have been about 16), I used to read Prince of Tennis doujinshi. Upon maturing, I realized that the author Konomi actually put them into middle school, which means that the title character Ryoma was 12. Which kinda makes my fingers tingle, because I used to think he was 15 at least, bonkin' a 16-year old Momo. I wonder if I also would have been caught and sent to prison for this...

(Reply to this)(Parent)(Thread)

(no subject) - [info]keri, 2010-02-13 06:59 pm UTC
(no subject) - [info]reppupu, 2010-02-13 07:13 pm UTC
(no subject) - [info]keri, 2010-02-13 08:50 pm UTC
(no subject) - [info]reppupu, 2010-02-13 09:03 pm UTC
(no subject) - [info]keri, 2010-02-13 09:35 pm UTC
(no subject) - [info]lady_ganesh, 2010-02-13 07:17 pm UTC
(no subject) - [info]keri, 2010-02-13 08:57 pm UTC
(no subject) - [info]lady_ganesh, 2010-02-13 09:19 pm UTC
(no subject) - [info]dana, 2010-02-13 10:02 pm UTC
(no subject) - [info]reppupu, 2010-02-13 10:11 pm UTC
(no subject) - [info]dana, 2010-02-13 10:25 pm UTC
(no subject) - [info]dana, 2010-02-13 10:41 pm UTC
(no subject) - [info]adevyish, 2010-02-13 10:43 pm UTC
(no subject) - [info]dana, 2010-02-13 10:46 pm UTC
(no subject) - [info]ecchaniz0r, 2010-02-14 07:11 pm UTC
(no subject) - redwarrior, 2010-02-19 10:57 pm UTC
(no subject) - [info]issendai, 2010-02-16 12:46 am UTC

[info]coffeebun
2010-02-13 05:53 am UTC (link)
Idol dvds of 6 year olds, even! Which I find incredibly disturbing.

I agree though. While I might find, say, Kodomo no Jikan creepy as heck, it's fictional. And all those doujinshi that involve turning the characters into children and... yeah. So I'm also wondering how bad/hardcore it actually is.

(Reply to this)(Parent)(Thread)


[info]reppupu
2010-02-13 03:44 pm UTC (link)
Some of those doujinshi though...Even though it is fictional, I look at them and think, "Not even an un-real kid deserves this kinda treatment." I know it's not real, but to see a six-year-old consecutively raped by 40-year-old men, all while pleading for them not to (because you can't leave out the pleading)...bleh, makes me sick to my stomach.

That aside though, he was bringing over some lolicon and they caught him. I somehow doubt it was Kodomo no Jikan, because as creepy as it is, there's no explicit sex with a minor in that. I'm a little afraid of knowing what he brought over actually.

(Reply to this)(Parent)(Thread)

(no subject) - [info]kuromitsu, 2010-02-14 01:37 pm UTC
(no subject) - [info]reppupu, 2010-02-14 05:06 pm UTC
*rant* - [info]kuromitsu, 2010-02-14 06:12 pm UTC
Re: *rant* - [info]crysiana, 2010-02-14 06:51 pm UTC
Re: *rant* - [info]ekaterinv, 2010-02-15 12:58 am UTC
Re: *rant* - [info]kuromitsu, 2010-02-15 03:34 pm UTC
Re: *rant* - [info]crysiana, 2010-02-15 05:25 pm UTC
Re: *rant* - [info]lady_ganesh, 2010-02-15 03:35 pm UTC

[info]ekaterinv
2010-02-13 08:13 am UTC (link)
Yeah, "minors" could mean anything from babies to grade-school kids to 17-year olds. No matter how creepy it is, though, if it doesn't involve real people, the state needs to butt the hell out. You just can't regulate someone's fantasy life.

(Reply to this)(Parent)


[info]violetsquirrel
2010-02-13 10:52 am UTC (link)
Actually a guy in Australia was recently sentenced for a similar thing and got a suspended sentence. And the only reason a conviction was recorded at all was because it was his second offence and the first time the conviction wasn't recorded.

So you know, the whole great firewall of Australia thing might be really fucking terrible, I don't deny that, but in this respect at least we aren't as crazy as the US.

(Reply to this)(Thread)


[info]adevyish
2010-02-13 11:58 am UTC (link)
Actually in Canada, fictional representations of people count as real people. I kid not.

(Reply to this)(Parent)(Thread)


[info]violetsquirrel
2010-02-13 12:02 pm UTC (link)
I know. I was responding to the comment at the start of this post.

(Reply to this)(Parent)


[info]pyratejenni
2010-02-13 10:23 pm UTC (link)
Eyup. Fan club's zine I was in had a story (set in a Neolithic society) about a married couple trying to have a kid. They married when the wife had her first menstrual cycle at age 12. [info]fandom_bitch got that issue and told the editor "Er, you know, that's kiddie porn here. Doesn't matter that's fictional, or their culture."

(Reply to this)(Parent)(Thread)

(no subject) - ariadne484, 2010-02-13 10:55 pm UTC
(no subject) - [info]ekaterinv, 2010-02-14 01:49 am UTC

[info]fujin
2010-02-13 01:47 pm UTC (link)
Laws against child porn are created to PROTECT CHILDREN.

Loli and Shota involve NO CHILDREN.

Why are laws designed to protect children being invoked when no children are involved?

Shall we start pressing assault charges on people who play Tekken?

(Reply to this)


[info]zellieh
2010-02-13 04:59 pm UTC (link)
the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” -- this bothers me. Surely, if you are going to go down the censorship route, you should be ZOMG Protect the (Fictional) Childrenz! for everything?

Because right now it sounds like the law is making an exception for the elite and the wealthy and big corporations, who can defend themselves by saying It's ART!, but punishing the ordinary people and anything to do with pop culture. This manga collector is labelled a pervert, but someone who buys, say, pornographic ancient Greek vases and sculptures is a collector, and the stuff gets traded at Sotheby's. How does this make sense?

(NOTE: I don't agree with the censorship, BTW. If you are going to have censorship, though, it just seems an even worse idea idea to make the law so subjective.)

(Reply to this)


[info]shirasade
2010-02-15 08:01 am UTC (link)
Does that mean I'd go to jail in the US for owning 'Lost Girls'? *headdesk*

(Reply to this)


[info]lady_ganesh
2010-02-15 02:55 pm UTC (link)
Okay, found a list:

* Mikansei Seifuku Shōjo (Unfinished School Girl) by Yuki Tamachi (LE Comics)
* I [Heart] Doll by Makafusigi (Seraphim Comics)
* Kemono for ESSENTIAL 3 (THE ANIMAL SEX ANTHOLOGY Vol.3) by Masato Tsukimori et al (Izumi Comics)
* Otonari Kazoku (Neighboring House Family) by Nekogen (MD Comics)
* Eromon by Makafusigi (Seraphim Comics)
* Kono Man_ ga Sugoi! (This Man_ is Awesome!) by Makafusigi (Seraphim Comics)
* Hina Meikyū (Doll Labyrinth) by Makafusigi (Seraphim Comics)

Anyone ever heard of any of these? I feel like I might get arrested for Googling.

(Reply to this)(Thread)


[info]kuromitsu
2010-02-15 03:22 pm UTC (link)
ANN has covers (censored more or less SFW) for two, here. Let's just say, they're quite blatant. ("Kono man_ ga sugoi" actually means "This pu__y is great!" so...)

(Reply to this)(Parent)


[info]kuromitsu
2010-02-15 03:25 pm UTC (link)
Also, Maka fushigi and Tamachi Yuki are well-known lolicon mangaka.

(Reply to this)(Parent)(Thread)


[info]lady_ganesh
2010-02-15 03:36 pm UTC (link)
I figured they would be terrible.

(Reply to this)(Parent)


[info]octopedingenue
2010-02-23 01:37 am UTC (link)
Covers here for Otonari Kazoku and Mikansei Seifuku Shōjo, though no scanslations listed THANK GOD. And I'm stopping there since it just occurred to me I do not want be googling these in public either.

(Reply to this)(Parent)(Thread)


[info]lady_ganesh
2010-02-23 02:25 am UTC (link)
I'M NOT CLICKING AND YOU CAN'T MAKE ME.

(Reply to this)(Parent)

I'M LOOKING THESE UP FOR SCIENCE
[info]octopedingenue
2010-02-23 04:45 am UTC (link)
So we can walk away sadder and wiser with our new dreadful knowledge!

A couple of these were added to Mangaupdates just last week, which makes me wonder if that was prompted by the court case.
All covers are censor-barred/fuzzed per Mangaupdates' policy, but they're still obviously NSFW.

Hina Meikyū
I Heart Doll
Kono Man
Eromon
Kemono for Essential which has scanslations, thanks a lot, internet

I do wonder from morbid curiosity what the potential penalties could be for someone (illegally) scanslating manga that's brought a person up on charges just for owning it.

(Reply to this)(Parent)(Thread)

Re: I'M LOOKING THESE UP FOR SCIENCE - [info]lady_ganesh, 2010-02-24 03:09 am UTC

[info]bizzle
2010-02-15 08:57 pm UTC (link)
The case began in 2006, when customs officials intercepted and opened a package from Japan addressed to Handley.

I'm picturing a contraband dog sniffing this and the subsequent reaction.

(Reply to this)


 
   
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