loli/shota items illegal?loli/shota items illegal?Ask MFC

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greenpepper13greenpepper131 year ago
I'm over 18
serious question. noticed many collectors here have explicit "loli" or "shota" items in their collection, whether it be doujin or figures etc. although im certainly not interested in this type of stuff whatsoever (strictly into mature adults) but i was curious to know the law regarding these sort of things? would it be considered unlawful in countries such as america or canada? have people ever been arrested for owning such things? what about even the act of searching such taboo hentai through the internet? im genuinely confused, where does the law draw the line and officially define it as illegal? forgive my ignorance

i know people understandably get heated over the topic but do keep in mind, i don't care to read anyones personal opinion on the topic, i strictly want to know the concrete laws regarding owning stuff like this. i don't want to see fighting, just the facts regarding the legality.
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To elaborate on what people have said

It is illegal in Canada because they have clear legislation on it.

The US however does not have clear legislation which is why it is a complicated subject.

In the US a prosecutors will add a laundry list of charges to see which will stick, even if they aren't sure they will get a conviction or if a criminal will beat one, they can at least get them on one of those charges.

Handley of course has been the only person to be arrested for lolicon. He was facing child pornography charges but the judge dismissed them because obviously a drawing is not a real child, this was also the case for a similar case last year where a man was arrested for importing a child sex doll, again the judge dismissed the charge of child pornography.

Drawing/doll not a real child therefore not a crime. However Handley was still facing an obscenity charge. Obscenity does not necessarily apply to something like lolicon it's more of a general law, like for common decency. You won't want someone to just hang sexual explicit images or images of dead bodies in your neighborhood, would you. The reason why he caught the charge was for circulating the obscene material in the mail, it is illegal to send pornography in the mail. However this isn't always enforced and mailman aren't stupid. If the obscene material isn't showing outside the packaging, they usually don't care. Had it been anything but lolicon, would they have cared enough to arrest him over it, we will never know.

But outside of this, people have safely imported lolicon without a problem and as long as you keep it in the privacy of your own home, aren't circulating, showing it in public or subjecting it to people who didn't ask to view it, you likely will never be charged with obscenity just for possessing it.

Again it is complicated because there isn't clear legislation. And you can be charged for obscenity for just about anything that is considered indecent.
5 months ago
Bit of a grey area in Germany, as far as I know: They could fall under fictional depictions of sexual acts involving minors (< 14 years old), which is illegal. The law differentiates between realistic and non-realistic depictions, however. Comics/manga should mostly be regarded as non-realistic, which makes them legal to own. It is illegal to sell or otherwise distribute them, however (this would include stuff like torrents). Also, a judge might find these images/figures to look quite real enough, which means trouble for the owner, even if he does not intend to sell or distribute any such stuff.

Obviously I'm not a lawyer, so don't trust my words.

In any case, it's risky.
11 months ago
Chloe-tsundere The louise otaku
Here its allowed in the netherlands. Never had problems. Real stuff yes problematic, loli or shota not.
Only if its combined with actual real porn of kids and such.
1 year ago
In Norway there been a lot of pedophilia, and they mentioned that any form of media to do with underaged children is arrested or something like that. I can be wrong but
1 year ago
Jenthehen Otaku at Law
In the US, lolicon pornography is *probably* legal. There has been at least one person (Chris Handley) charged under the Protect Act under the section that states the illegality of "knowingly producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that, under specified circumstances, 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 such conduct and such depiction lacks serious literary, artistic, political, or scientific value."

So a court would have to decide if the depiction in question lacks literary / artistic / political or scientific value. I personally feel it would be very easy to show that a lot of lolicon has some literary / artistic / political value. Unfortunately, in the Chris Handley case he took a plea bargain, so the legality wasn't actually considered.

Considering the literary / artistic / etc. merit of an otherwise illegal piece is known as the "Miller Test" to protect free speech under the 1st amendment. Real child porn is illegal because it is considered de facto "Obscene" - lacking any of the above mentioned "merit." But there could be depictions (particularly of lolicon) that a court MIGHT consider obscene - it's hard to know how it would come down.

A further caveat that I think people forget about, is when it comes to DRAWINGS (unlike photos or videos of real childen), the "underage" character has to depict the character engaging in sexually explicit CONDUCT. So just being drawn or sculpted naked or in a somewhat suggestive pose wouldn't be enough at all. This is why I feel safe saying that figures and dakimakura would never be considered obscene and therefore illegal. It's true that some loli figures come with sex toys, but when you get them, they aren't typically in that cast-off / explicit configuration. So is the item not obscene YET? But really, who cares? Because nobody is going to open your figure and play with it at the customs office.

Doujinshi that is straight up porn is the riskiest item in my opinion since there are some out there with VERY CLEARLY underage characters engaging in sexually explicit conduct, but again ... they tend to be highly stylized and artistic, so I still say they have artistic merit. Also, in fan works there is likely some literary merit there, and surely SOME doujin out there are making a political statement, right?
1 year ago
In the United States, such material is legal, overall. There might be state or local laws against it, but Customs or the postal system isn't going to be trying to enforce local laws.

In Canada, they are illegal, period. Reference en.wikipedia.or... for more specific info, including references to a couple of cases of people being charged in Canada specifically for anime-related erotic content.
1 year ago
Scones1 year ago#63515127Here’s something interesting.
I’ve heard of an “experimental case” in England where a man was arrested for content depicting, I’m paraphrasing, “characters who appear underage sexually depicted.”
Here’s the exact/similar article of the case: www.google.com/...

I have freaking lived in Middlesbrough. Lol that felt freaky af to read man
1 year ago
I think a lot of Asian/Middle-eastern (read: Muslim-majority) countries make it illegal to import. I think I read an article that you have to hide it when entering Singapore.
1 year ago
Here’s something interesting.
I’ve heard of an “experimental case” in England where a man was arrested for content depicting, I’m paraphrasing, “characters who appear underage sexually depicted.”

Here’s the exact/similar article of the case: www.google.com/...
1 year ago
In the United States it would fall under State-to-State legislation and then you would get into “real-not-real” argument. You know we have our lawyer friend here on MFC. He can describe it better. But for the United States, as far as I know, it is legal to own loli and shota items. That might change in the future but again as far as I know you can go buy them online and have them shipped to you and it shouldn’t be problem.
1 year ago
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