American Faces 20 Years Over Loli Manga

American Faces 20 Years Over Loli Manga - Beako Rejoices

An Iowa manga enthusiast has been charged with possession of obscene materials, based on the allegation that of his collection of over a thousand volumes, a handful depict underage participants; he faces a prison sentence of up to 20 years if convicted under the PROTECT Act.

A free speech legal defence fund, the Comic Book Legal Defense Fund, has leapt to his defence, claiming the law is a flagrant violation of the First Amendment rights Americans enjoy to free speech; the CBLDF is scathing:

“The government is prosecuting a private collector for the possession of art. In the past, CBLDF has had to defend the First Amendment rights of retailers and artists, but never before have we experienced the federal government attempting to strip a citizen of his freedom because he owned comic books.”

The CBLDF is most unhappy about the assault on freedom of expression, and is now also concerned that the move represents an unprecedented extension in scope of a law previously targeting chiefly dealers of pornography:

“In the lengthy time in which I have represented CBLDF and its clients, I have never encountered a situation where criminal prosecution was brought against a private consumer for possession of material for personal use in his own home.

This prosecution has profound implications in limiting the First Amendment for art and artists, and comics in particular that are on the cutting edge of creativity. It misunderstands the nature of avant-garde art in its historical perspective and is a perversion of anti-obscenity laws.”

The PROTECT Act being used as a basis for the charges has already taken a beating in courts, with portions being ruled unconstitutional, but sections still retain validity.

In particular, for a guilty verdict to be rendered the jury will have to decide that the material concerned is “obscene”, which involves applying the so-called Miller test to allow the material to be stripped of First Amendment protection:

•    Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.

•    Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law.

•    Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific).

In the past, application of these criteria has proven complex and highly controversial, so it remains to be seen what kind of decision the manga in question will prompt.

The PROTECT Act, an act containing a diverse jumble of “child protection” measures, itself has been the subject of much legal action, and it is still not clear to what extent it maintains the ability to target artistic or “virtual” material depicting underage participants.

We do not hear how the unfortunate individual in question came to the attention of authorities.

Via ICV2.

Another dangerous comic book enthusiast kept off the streets?


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    Avatar of Reaver21
    Comment by freedomforce29
    13:07 07/04/2009 # ! Neutral (+0.4)

    My own question is this "HOW THE FUCK DOES SOMETHING LIKE THIS HAPPEN?!?!?!?!?"

    How do they (fucking gov's) know about you're stash? It's like "Hello' your friendly goverment agent wants to come in and search your house against your will and with this meaningless search warrant so that we can convict you of being a fetishists!

    Honestly, how DO they know?

    Loli fan x3 i'm only 13! goverment cant trace me though ~i think~ i use top notch security.

    Comment by Anonymous
    14:45 18/02/2009 # ! Neutral (0)

    Sorry I'm posting so late to this thread, but I only just found this site/thread. I think it comes down to how you define 'obscene':

    ob·scene
    adj.
    1. Offensive to accepted standards of decency or modesty.
    2. Inciting lustful feelings; lewd.
    3. Repulsive; disgusting: "The way he writes about the disease that killed her is simply obscene" Michael Korda.
    4. So large in amount as to be objectionable or outrageous: "local merchants in nearby stores get hammered by stratospheric rents and obscene taxes" Joe Queenan.

    So basically, the crime is based apon the same principles as public decency or dress codes, -or- how the immages make one feel. If decency is the issue, then mailing playboy magazine would be a crime as well, so it must be the 'inciting of lustful feelings' oh wait, that still would make playboy magazine illegal. The fact is that concidering a drawing of something that would be a crime if it was real to be a crime as well because you find it offencive is rediculous. If the values of puritans of the 1600's were applied in this way then an issue of Forbes with a Female CEO on the cover would be seen as Obscene, and to think that the views of one group are more valid than anothers, no matter how much smaller the group, dosen't allow you to declair art criminal based upon the thoughts it provokes. If it was a photo of an actual act, or you could show that the art was the direct cause or result of an actual crime, you might strech the law to ban it, but then you would have to ban the GTA video games, and any horror movie ever to inspire a nutjob to kill someone.

    Comment by Anonymous
    15:09 05/03/2010 # ! Neutral (0)

    lol no no play boy wouldnt be a crime lol cuz thats not porn to the states lol and they have money alot of it lol

    Comment by Anonymous
    02:23 20/01/2012 # ! Neutral (0)

    lol is not fucking punctuation lol are you mentally impaired lol or maybe just uneducated lol

    Comment by Buutan
    17:46 28/12/2008 # ! Neutral (0)

    It's all bias, the whole thing. Let the guy buy a couple comics with doodled kids. Otherwise, he might just go and strip them himself... in an alley. No offense to him or any lolicons or shotacons, but it's the safest vent anyone has.

    And define an average American's morals? Every American says the word "fuck," but it's still an unfashionable, ya? There are people with feet fetishes, and those who don't, but does every 30/40 year old businesswoman every come out with that sort of thing? Not at all...

    That, and the "artistic value" of anything is absolute bull right there, yo. You can't slap a moral or a theme about politics on something that it's not intended for.

    If a guy needs a fix, lethim get it for thirty bucks with shipping than eight thousand dollars on an auctioned-off CANDY VAN.

    Sheesh. Tl;dr, sorry!

    Comment by Anonymous
    23:15 15/04/2009 # ! Neutral (0)

    God bless the CBLDF, they're always put into the most miserable positions.

    Comment by Anonymous
    09:44 20/04/2009 # ! Neutral (0)

    so they are going to arrest me for having made up movie sex

    Comment by Anonymous
    15:08 05/03/2010 # ! Neutral (0)

    i love lolicon anime and manga but wish child molesters would get their balls cut off lit on fire buy the kids parents and than feed to dogs make it a pay per view event but what im saying is i love anime and manga and the way i see it its not even real and theirs a proven study that proves that people that watch porn are a lot less likely to rape any one??? and not only that but theses are fucking cartoons man its not fair that every thing awesome in the states has to be ripped out i hate pedos but love anime and manga and its true that i feel ashamed of my little fetish of lolicon anime but wtf i still have a furmbeleaf that one has nothing to do with the other and that fact that even after saying they know its not child porn they still in the end sentence say it might have a model thats real im sorry but wtf is all i can think of o and the funny part is i only like big boobed loud/foul mouthed wemon that are coogers lol go fig yet i still love lolicon anime and manga lol i hope they reconsider

    Comment by Anonymous
    12:17 25/02/2010 # ! Neutral (0)

    Who/What manga is used as the face of this article?

    Comment by Anonymous
    12:51 25/02/2010 # ! Neutral (0)

    What is the name of the character thats used as the face of this article?

    Comment by Anonymous
    02:25 20/10/2010 # ! Neutral (0)

    the true danger of these insane persecutions (if there is not more to these stories)Is to the taxpayers. Once the right team of lawyers correlates the damages wrought to the defendant to the systematic training of the defendant to a predisposition to such media the system intended to defend actual minors will be ridiculed and sued.

    I was forced to sit in a school classroom for the majority of my days as a developing male in this country. My sexually formulative years were spent observing the forms of my teachers and classmates.
    The very essence of sexuality was programed as baseline in my teens to the ideals of beauty and sexuality.

    From B.B.W. to a petite gymnast,to a teddybear like furry, the human form plays a healthy roll in fantasy imaginings for the sake of self gratification, or as foreplay for consenting adults.

    Childhood is sacred and we must all perservere to protect children at all costs. Including protecting their liberties when they become adults.

    Comment by Anonymous
    19:18 05/11/2010 # ! Neutral (0)

    absolutely ridiculous, making a law against lolicon is completely wrong, the government is overstepping their bounds on this one, but ...I wonder, would putting a disclaimer saying "all persons depicted in this video (or manga or image or whatever) are 18+" make it pointless to ban it anyway

    Comment by Anonymous
    12:08 03/04/2012 # ! Neutral (0)

    #Sigh#

    Anime people you may find yourselves soon in a hole if you don't stand up for your rights. You will find many animes pulled off the shelves/videos that violate your freedom of expressions and imprisonment for shows as simple as Chobits.

    Do not understand a nation who wants to force homosexuality down everyone's throats and call it 'homophobic' or 'intolerant' where they have homosexual sensitivity classes they force people to attend.

    Yet at the same time a fictional shows or mangas are being potrayed as tools of destruction enough that they want to send people to prison for it. For a paper and pencil drawings.

    Classic literature will be affected. Current anime shows will be affected and deemed illegal for simple fan-service which would render Strike-Witches illegal. Figurines would be illegal.

    If you don't stand up for your rights you will all be treated as criminals. Don't allow fictional artworks to be destroyed by biggots and haters of freedom of expression.

    Comment by Anonymous
    12:39 03/04/2012 # ! Neutral (0)

    This nation is so screwed up. They allow homosexuality and prostitution to run free in this country. Beastality aka Furry is deemed weird but "okay". This nation constantly pumps up females to wear barely nothing but men wear clothes down to their feet. BDSM runs rapid everywhere and the porn industry makes a living off lonely men that cheat off their gf's/wives.

    But now this absurd attack on fictional literature is beyond ridiculous. Even more-so they want to penalize people with crimes for a cartoon character. People are being deemed as criminals for a simple non-exsistant character drawn with pencil and paper. Congratulations, America wants to persecute YOU the average anime otaku for imaginary people. They view you, otaku on the same level as a sick fuck.

    This will affect many comedies, slap-stick jokes and other varities. People will not be able to even create hip meme's without them being considered crimes. Classic literature that existed would be removed. Figurines would no longer be in production.

    America is no longer treating the innocent as innocent, but as guilty as charged. These majority otaku are not criminals but are average fans who like different culture. Just as the fan who likes comic-book or the fan who likes video-games.

    By all means America should shut-down every single video-game on the market (especially all the M-Rated games) with the tatics that are being posed upon anime as they tried with GTA.

    If prudes get their way you can kiss all anime goodbye. If a show or manga even gives the slightest hint of fanservice it would be deemed illegal and otakus thrown in prison.

    Don't allow this country based upon freedom to have freedom taken away from the rights of expression from its individuals.

    Avatar of koko
    Comment by koko
    03:23 27/02/2012 # ! Neutral (0)

    you Know my Q: same as the first how did he get caught

    Avatar of Danielion
    Comment by Danielion
    23:54 19/12/2009 # ! Neutral (0)

    So it's completely fine to possess a drawing of a katana severing heads and limbs but not one with kids taking poses.
    Suppose you draw yourself, would you be arrested for possessing your own work?

    Comment by Manji88
    09:10 24/05/2009 # ! Neutral (0)

    The CBLDF was ready to take this one all the way but the poor dude cracked and plea bargained out on a couple of minor charges. He might face as little as 6 months in jail. The CBLDF is disappointed as they wanted to make this a test case but I can't blame the guy. If the prosecutor came to me and said "You can roll the dice and face up to 20 years or we'll slap you on the wrist with 6 months, released now on parole for time served, so that we don't get dragged into a big embarrassing court battle"...what would YOU take?
    I mean, while the insane idea behind this is definitely something that has a good chance of being successfully challenged (can an mystery book reader be charged with murder?), but the prosecutors would like to keep that "20 years hard" club to use to get quick plea bargains.
    My recommendation, and IANAL, and this is a joke:
    Don't read loli hentai--you could get 20 years. Go molest an actual real loli--average sentence 7, out in 3. True.
    Now THAT'S fucked up.

    Comment by kurusaki
    19:33 07/07/2009 # ! Neutral (0)

    OMFG what kind of stupid reatard law is that? a crime to have loli porno manga? MANGA? if it was real child pornography i would say "stupid but understandable" but MANGA!? for god sake some slap those guys on the face, they r in need of it to wake up!!!

    Comment by TheTrueGOD
    10:05 08/07/2009 # ! Neutral (0)

    USA is the most hypocrite country of the world!

    Comment by Loli suki
    09:27 21/07/2009 # ! Neutral (0)

    私はロシア人そして大好き日本
    でも大嫌いアメリカのコノヤロ
    Ваши ублюдки хотят запретитьロリコンそしてアニメショーン

    Comment by Anonymous
    17:56 15/08/2009 # ! Neutral (0)

    The realy wierd thing is that while a hentai manga with loli's would be considered child porn, so would the exact same story made into a movie be perfectly fine as long as the actors was of legal age, even if they looked like lolis. How can drawings be more illegal then a real movie?

    Comment by Anonymous
    05:16 18/12/2008 # ! Neutral (0)

    Seriously, if they can't even stop the porn businesses in America, what right do they have to stop a man from buying some manga?
    Next they will be going after books and movies in general because they offend some people.
    What happened to a free freakin' country?

    Comment by hentaispyder
    16:10 24/10/2008 # ! Neutral (0)

    OMG! WTF! The only way they can do this is if the man was acting on those "books" in real life. there is no problem with owning that kind of material unless it leads to taking indecent liberties with a minor and even then its hard to say it was the books fault. This guy may have some slight issues, (but then again who doesn't) but prosecuting because of his comic collection UNBELIEVABLE!!

    Comment by Tyrenol
    15:57 24/10/2008 # ! Neutral (0)

    If the characters within the comics, who participated in the acts in question, looked (and were) of legal age instead of below it...

    If it helps to tell the story, then okay. But if it's used to fuel some sick fetish while the enthusiast is masturbating...

    If I was the judge, I'd sentence the guy to 10 years as a human dildo in one of these aging, hanger-on porn studios.

    Comment by Tyciol
    13:32 17/01/2009 # ! Neutral (0)

    The fact that your pseudonym is so close to mine sickens me. Go clock your Tenou.

    Avatar of kebrus
    Comment by kebrus
    23:30 24/10/2008 # ! Neutral (0)

    what!? were you being sarcastic?

    so, now we must be prosecuted because other people don't have the same opinion and tastes as "you" do?

    just because i like yellow and "you" don't understand why and disagree with me i must be put in jail?

    go to 2ch or 4ch, browse through some of the 18+ channels, in your way of though they should be all arrested right?

    oh, and don't forget all those companies creating sex toys only to "fuel" some sick fetish...

    Comment by Anonymous
    15:07 28/01/2010 # ! Neutral (0)

    Ohhh boy, the "that's just your opinion" colour argument, oh boy. You know I could use that argument to defend a serial killer, right? Not that I'm defending the anti-christian pedos or serial killers.

    Avatar of Vesper_nova
    Comment by vesper_nova
    06:33 25/10/2008 # ! Neutral (0)

    he is
    (sigh)
    there are some people who feel they must be right at all cost. beside we have other things to worry about then one man's oppion

    Avatar of Ragu
    Comment by lagogod
    08:43 25/10/2008 # ! Neutral (0)

    Hey Tyrenol, how did you like Pico x Coco x Chico, eh? Did it stand up to the high standards set by its predecessors?

    Comment by PureRok
    00:32 19/01/2009 # ! Neutral (0)

    I really liked Pico x Coco x Chico. That stuff was hot.

    Comment by Seri
    15:32 24/10/2008 # ! Neutral (0)

    Utter bullshit if you ask me. Possesing drawn images of young girls shouldn't be against any law. If you want to frown apon it sure then go ahead you have that right. But to arrest and prosecute over it? F**k off. So he had X amount of loli manga. Did he have any ACTUAL child porn anywhere be it video or pictures anywhere in his house? Obviously not or they would of made that their case. This seems to me like just a guy who like a lot of people, are into the loli genre. He wasn't hurting anyone, he wasnt raping any kids, he wasn't watching them while they were at the playground or anything. So leave this guy alone. Fark he already has it hard enough now that everyone in his town knows that he likes that stuff. Poor guy

    Comment by Tyciol
    13:31 17/01/2009 # ! Neutral (0)

    Funny thing Seri, is that even people with the real deal aren't neessarily hurting/raping/watching them at the playground either. Both are just cops going after easy targets because they're failing it at actually saving the children in the vids.

    Avatar of Artefact
    Comment by Artefact

    The original report even gave out the man's name... I understand it to be a matter of public record, but even so.

    Comment by Pretentious Magpie
    03:22 12/12/2008 # ! Neutral (0)

    What, it's illegal to watch kids in the playground these days!? I'm going to jail now (I was just watching a few kids play during taking a rest from playing basketball on the court adjacent to the playground, just watching out of curiosity... Not perversion, I mean, if I had kids, could I be arrested for watching them play video games!?) lol...

    Avatar of Vesper_nova
    Comment by vesper_nova
    06:30 25/10/2008 # ! Neutral (0)

    I agree. I mean what you do in your own home is what you do in your own home. espically if no one gets harm or hurt

    Comment by lol, eh ? wha. .!?
    15:47 24/10/2008 # ! Neutral (0)

    ZOMG
    Damn it, this is 'shit' !
    lol

    “The government is prosecuting a private collector for the possession of art. In the past, CBLDF has had to defend the First Amendment rights of retailers and artists, but never before have we experienced the federal government attempting to strip a citizen of his freedom because he owned comic books.” <--- humu humu

    Comment by furin kazan
    22:34 24/10/2008 # ! Neutral (0)

    If comic book is not acceptable, then digital images collected will be the same in the future.
    How about internet site? There are so many area they can step in.......hope not......

    Avatar of Lisek
    Comment by Lisek
    21:28 24/10/2008 # ! Neutral (0)

    Let's ban all comics. Pedophiles will have free hands to move onto children then. ばか アメリッカ。

    Comment by Tyciol
    13:36 17/01/2009 # ! Neutral (0)

    Lisek, I get your sarcasm but busying the hands of a potential molestor is not a valid reason for legalizing something. It should be legal because there's nothing inherantly wrong or harmful with it. Potentially lowering crime like in Japan is just a statistical bonus.

    Comment by Anonymous
    15:29 09/10/2010 # ! Neutral (0)

    Ahh but it did statistically lower crime didn't it? There will always be inherent child molesters and pedophiles in the world and putting them in jail just helps support the theory that because there is something wrong with you then you must be a criminal. But if there is a way to have them within society without having them cause harm to others then I say go for it.

    Comment by Crys
    21:16 24/10/2008 # ! Neutral (0)

    If the man is ever connected to child molestation accusations, then this case might hold merit. Other than that, he WILL get off scot-free (albeit with a ruined reputation) because even if he gets convicted of anything at all, this case will get appealed to a higher court, and if the lower courts don't strike it down, the higher courts (Iowa Supreme Court maybe) will.

    And whoever said our justice system is collapsing has never studied law, just watched too much MSNBC.

    Comment by Tyciol
    13:35 17/01/2009 # ! Neutral (0)

    Crys, your utter faith in the legal system frightens me. What the heck is with your 'WILL' confidence? Do you think appeals always work? Only one has so far, and 2 haven't. He's in JAIL.

    Avatar of Seravy
    Comment by Seravy
    20:48 24/10/2008 # ! Neutral (0)

    Dear idiots in the usa who try to unleash all your stupidity on innocent people, will you do a favor to god and please die out? It's about time now. Thanks.

    Comment by Anonymous
    03:48 29/04/2009 # ! Neutral (0)

    Lol, I agree. As an American it sickens me far worse than it does you, I'm sure. Our justice system isn't working because the people making our laws aren't abiding by our laws (the constitutional ones mostely).

    Avatar of Vesper_nova
    Comment by vesper_nova
    Comment by Garland
    15:17 24/10/2008 # ! Neutral (0)

    In Absurdum.

    While I'm certainly no fan of loli anything, this is just retarded. Soon people'll get jailed for murder because they own the Berserk manga.

    このロリコンどもめ indeed.

    By the way... were all the books necessarily about underage b&? Lolicon is a pretty large area, supposedly including adult petanko as well, because they resemble children with undeveloped sexual characteristics... just saying...

    Avatar of Artefact
    Comment by Artefact
    15:22 24/10/2008 # ! Incalculable

    From the first sentence:

    "based on the allegation that of his collection of over a thousand volumes, a handful depict underage participants"

    Perhaps this is not written clearly enough...

    Comment by Garland
    17:55 24/10/2008 # ! Neutral (0)

    Ha~, sorry if I came off as critical to you, wasn't my intention. I just didn't read clearly enough.

    It's a strange topic, though. It's illegal to murder people, yet comics about such are generally accepted, though frowned upon. Animated/drawn lolis? Not so much so, apparantly.

    I sincerely doubt 56-year old pedos got to be how they are because they read Lolicious manga...

    Avatar of Me.
    Comment by Dot
    13:05 24/10/2008 # ! Neutral (0)

    What I'm worried about now is how this will affect future rulings in court. I doubt this will be the last time we'll be hearing about this sort of thing.

    Avatar of foeevaddr
    Comment by foeevaddr
    13:26 24/10/2008 # ! Neutral (0)

    wow. wtf kind of shit is this? you cant own some lolicon manga that you bought with your own money? thats some bull shit.

    Comment by Derp
    16:05 26/10/2008 # ! Neutral (0)

    Yeah, bro. What's next? I can't have sex with the 3 year old I bought with my hard earned cash! Bullshit!

    Avatar of Kyang
    Comment by Kyang
    14:06 12/12/2008 # ! Neutral (0)

    This is two months late, but your comment is ridiculous.

    Comment by Tyciol
    11:18 17/01/2009 # ! Neutral (0)

    I think it was an attempt at humour or something.

    Comment by Anonymous
    14:13 12/12/2008 # ! Neutral (0)

    Agreed.





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