One of the primary reasons for this may be due to the many cartoons featuring major characters who are not adults. These images are easier to find on the internet than actual child abuse images involving real children, largely due to the fact that virtual pornography is not illegal in all countries. Once Upon a Girl featured live-action framing sequences around pornographic versions of well-known fairy tales. Certainly risk of harm has been regarded as sufficient elsewhere, for example in the age-based restriction of adult pornography, and indeed film classification in general. Naturally this raises issues of privacy and freedom of thought.
In other words, the rationale of the law was to address a possible risk of harm to children. In addition to the normal legal status of pornography , much cartoon pornography depicts potentially minor [that is, underage] characters engaging in sexual acts. These images are easier to find on the internet than actual child abuse images involving real children, largely due to the fact that virtual pornography is not illegal in all countries. Naturally this raises issues of privacy and freedom of thought. One of the primary reasons for this may be due to the many cartoons featuring major characters who are not adults. Erotic Japanese anime — some based on erotic manga, others as original video animation — feature sexually suggestive and explicit sex scenes. Once Upon a Girl featured live-action framing sequences around pornographic versions of well-known fairy tales. The court felt that as there was no harm caused to real children, it merited First Amendment protection. So critics argue that the real outcome — and even aim — appears to be to police thoughts and fantasies, rather than protect real children from harm. Eventually further legislation arrived in the form of the PROTECT Act , 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. Messenger A cartoon can land you in court, as happened to a man recently convicted of possessing non-photographic images — cartoons, drawings — of a sexual nature featuring children. The problem with respect to this law governing cartoon child pornography is that it will in most cases be a victimless crime — the images are not of a real child suffering abuse. Hentai In the early 21st century, producers began applying digital animation technology to erotic material. It features a man with a large, perpetually erect penis who has various misadventures with other characters and farm animals, plus his penis detaching and doing things on its own. Strict possession offences are intrusive and often draconian in nature, and should only be used when justified by the prevention of credible harm. In , Playboy TV began running the erotic dystopian sci-fi series Dark Justice , which used 3D animation, and ran for 20 episodes. The US tried enacting similar legislation almost 20 years ago through the Child Pornography Prevention Act , but the relevant provisions were eventually struck down by the US Supreme Court as unconstitutional. But the focus here has always been on the producer and distributor of content rather than those possessing it. It also covers images that depict sexual activity in the presence of or between children and an animal, whether dead, alive, or imaginary. Cartoon pornography does not always have depictions of minors in sexual acts or situations, but that which does may fall under the jurisdiction laws concerning child pornography. But unless scientific evidence becomes available that establishes that possessing non-photographic images leads to physical offences, this is difficult to establish. The difficult question is whether this offers sufficient justification to make possessing such an image a serious criminal offence when the possessor has no intent to harm a real child the production and distribution is a separate matter and raises more serious issues. Children are incapable of giving legal consent to sex or sexual posing for nude photographs, meaning each of such images is criminal and represents a crime scene itself. For example, the existence of Japanese websites featuring fantasy child sexual abuse has been a concern in countries where it is illegal. Perhaps the UK should have followed a similar path and drafted more specific legislation that makes possession a criminal offence based on the resemblance and likeness of the image to a photograph of a real child — something now possible with advances in 3D modelling and graphics software. Certainly risk of harm has been regarded as sufficient elsewhere, for example in the age-based restriction of adult pornography, and indeed film classification in general.
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