Is lolicon/shotacon legal? And can it be classified as CP?

Well, yes. And also yes.

We will be explaining why and under what in the following thread.

( #nomap #minormap #maprights #mappositivity #mappride #antimap #mapacceptance #lolicon #shotacon #loli #shota #mapcommunity)
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➞ Can lolicon/shotacon be considered illegal? Contrary to popular belief, the answer is yes.

http://www.legislation.gov.uk/ukpga/2009/25/section/62

The law covers still and moving images, and can include cartoons, drawings, and manga-style images.
(2)

The US tried enacting similar legislation almost 20 years ago through the Child Pornography Prevention Act 1996, but the relevant provisions were eventually struck down by the US Supreme Court as unconstitutional under the First Amendment.
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However, further legislation arrived in the form of the PROTECT Act 2003, which was much more narrowly tailored to criminalise non-photographic pornographic images of children, but only if they are indistinguishable from actual images of a minor.
https://www.justice.gov/archive/opa/pr/2003/April/03_ag_266.htm
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While I have heard arguments that the PROTECT ACT was repealed, I was unable to find any legal documents confirming such, and either way, my point still stands under 18 U.S. Code § 1466A., which is very much still in force today (reference: first link provided).
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Now that we have established that the law is, in fact, in place, let’s address our next question.

➞ What classifies it as CP?

Well, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that depicts a minor...
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... engaging in sexually explicit conduct, is obscene; or depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercours; and lacks serious literary, artistic, political, or scientific value; ...
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... or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.

(read more here: https://www.law.cornell.edu/uscode/text/18/1466A)
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➞ When is loli/shotacon legal?

It’s legal if it is not visually indistinguishable from a real minor (very realistic 3DCG are questionable) is not obscene under state obscenity law. But “obscene” has a loose definition and that is where differences of opinion can come in.
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There is a lot of controversy surrounding these laws, as many feel that they are unconstitutional. However, although parts of 1466A and 1466A were deemed unconstitutional in United States v. Handley...
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... they have yet to be removed by the federal court system.

However, the fact of the matter is, you can be charged with possession of CP for loli/shota, and some people already have.
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There was the case of U.S. v. Koegel (see image).

There was also another incident in 2010 when Christopher Handley was sentenced to 6 months in prison for importing lolicon and yaoi manga from Japan.

Dwight Whorley was also arrested on a similar charge in 2009.
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There are similar laws in place in the U.K., too. Just this year, in 2020, a U.K. judge issued a nine-month suspended sentence for a manga fan who admitted to 10 counts of possession of illustrated pictures of fictional characters who looked underage.
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While I know this may anger a lot of people, know that there is a lot of wiggle room under the law, and not all lolicon/shotacon can get you arrested. However, it IS important to be aware of what laws are in place if you are going down that road...
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... so that you know what loopholes you have and what you could, if prosecuted, be arrested with.

That is all for this thread. Thank you all again for reading! ⚖️💖

( #nomap #minormap #maprights #mappositivity #mappride #antimap #mapsarevalid #mapacceptance)
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