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Do You Own Any Manga Comics? Be Careful As You Could Go To Prison!

chaoskitty123 2009/06/17 06:24:11
A man named Christopher Handley has just been convicted and faces up to 15 years and possibly a $500,000 dollar fine for possessing a handful of adult Manga comics in Iowa. I myself love both anime and comic books but never got into manga really. Views differ on the case as it appears that it was a form called Yaoi which features adults with children in sexually explicit situations. While most of it is regarded as harmless, it has not been labeled specifically as illegal either.

His attorney convinced him to make a deal believing he was guaranteed to be convicted... well, he was convicted anyway. The problem area here is the 2003 Protect Act http://www.law.cornell.edu/uscode/18/1466A.html which rightfully states the following...

(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;

Basically said, it's not the touching or exposure that got Mr Handley in trouble, it is that the books in his possession already had scenes of beastiality and sexual intercourse with minors. It was discovering the material through US customs that led to his home where the additional materials were found. The law stipulates further that the "knowing" possession of the material is a violation. Basically said, if you get it and report it or toss it out, you won't be convicted or shouldn't be.

The danger here I suppose would be your computer. As you surf the internet, you may come upon an image like this and unknowingly it's on your computer in your Temporary Internet Folder. Already there have been convictions in child porn cases in the past and all evidence proves the accused knew nothing about it... but while evidence may have proved they knew nothing about it, these cases go before judges who are so computer illiterate they have to have their secretarys turn on their computers for them.

Here are the links to the story http://iowaindependent.com/15560/iowa-child-porn-case-has-com...
http://www.wired.com/threatlevel/2009/05/manga-porn/

What I was more disturbed about was Neil Gaiman's (creator of the Watchmen) response about doing a story about a serial child rapist who murders his child victims... he thinks that's ok but I gotta tell ya, that's pretty sick.

So be careful guys and avoid anything which portrays sex with a minor in art. Just because you didn't know may not be an excuse and I'm not sure if the Protect Act extends to your computer or not... but it does say "possession" and it's written in very simple language. So get the word out to watch where you surf and clean those temp internet files any time you happen on a site with this stuff on it just to be safe.

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  • Artemis ~PHAET 2009/06/17 06:33:34
    Artemis ~PHAET
    +3
    Yes, I do. In fact, I own some yaoi manga. Yaoi does not mean that it features adults with children in sexually explicit ways. It is sexually explicit, and I'm sure some of them probably do in fact feature children, but yaoi means that it features sexually explicit male/male relationships. Mine all feature adults. No children. That is what would be termed as shota manga.

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Opinions

  • Tastentier 2012/07/23 02:34:07
    Tastentier
    I don't own any manga / hentai media and I'm totally grossed out by things like lolicon, but I nonetheless think that all fictional media content should remain legal and protected as free speech.

    It's utterly ridiculous to register people as sex offenders and jail them at the taxpayer's expense for owning a comic book. Lines on paper don't need to be protected from pedophiles, and real children might even be safer if pedophiles find a harmless, fictional outlet for their dangerous urges.

    PS: Criminal statistics show that since the rise of the internet and the greater availability of free pornography, rape and sexual assault have continuously declined. If the same is true in case of lolicon hentai -- and the surprisingly low incidence of sexual child abuse in Japan seems to suggest that -- U.S. legislators are probably endangering real children by outlawing fictional media content.
  • Lord Sesshomaru 2012/07/20 07:47:52
    Lord Sesshomaru
    +2
    I don't read that type of manga.
  • Maurice Tillman 2012/04/15 06:17:02
    Maurice Tillman
    Most Japanese porn starlets are petite. Many Japanese men like slim women that look about 18 years old. However, Manga women are usually curvy with humongous breast. So, if this guy got busted for child porn, the characters in his movies were obviously children! Send him away, please...
  • Maurice... Maurice... 2012/04/15 06:20:06
    Maurice Tillman
    My bad...wrong topic. I thought we were talking about Manga females...Sorry!
  • Tastentier Maurice... 2012/07/23 02:36:56
    Tastentier
    What about people who watch horror movies or play violent video games? We should probably send them away too. I mean, if someone who **** off to hentai comic books is a child molester waiting to happen, a horror movie fan is a future serial killer.
  • Maurice... Tastentier 2012/07/23 06:50:06
    Maurice Tillman
    True. I see your logic. I take back that statement after thinking about it. At least the Hentai doesn't degrade real people and it's means to an end. No real children got hurt (I hope)...Still child sex is a touchy topic. Molestation is worse than death in some cases. Plus, most murder victims are not as defenseless as children.
  • Purple's Kitty x3 2010/06/11 04:26:06
    Purple's Kitty x3
    no i dont
  • ZooUnity 2009/11/19 19:09:10
    ZooUnity
    No I don't.
    But I don't understand what bestiality has to do with sadism and children, I believe that is discrimination!
  • imspiritb 2009/08/30 03:26:57 (edited)
    imspiritb
    Now that's stupid! Worst case scenario for me, would be that I wouldn't be able to get it from Japan. I mean, if it's illegal in the states(well, I'm in Canada, but same thing can happen), then the whatever site you use to buy your manga, would not ship it.

    I hope that that kind of shit doesn't happen to me and my friend. Were creating a yaoi manga right now( by the time that we get to publish, we'll be at least 18), I don't know how hard core it will get.

    We don't want our characters to be old either. We were aiming for healthy ~17. I don't know if the law would count on us, since the characters may have the bodies of 17 year olds, but there actually way older( It's a vampire yaoi) So they might technically be 40 or older.
  • chaoski... imspiritb 2009/08/30 07:23:23
    chaoskitty123
    I think it's based on what you show and how you show it. If you are depicting them around 17 just don't state their age as there would be no difference in the body type and it's what you write declaring age that would determine if you get in trouble. What this guy got in trouble falls under child porn laws basically... much younger characters.
  • Leo --Name Subject 2 Change-- 2009/06/18 05:22:12
    Leo --Name Subject 2 Change--
    +1
    I own fruits basket.

    Now hold it a minnute. this guy went to JAIL just for HAVING those books!?! That's unfair. They have books like that for a reason. I do NOT read such things but there's nothing wrong with being a pervert(not that i am one. gosh, i'm too young...and not like that....blegh) so long as you don't act on it. like...looking up girlies skirts or or or.... stalking. Did HE write those books!?! Maybe if he did it, i'd understand but just POSSESION!?! Go arrest the freakin' pervert who wrote the thing!!! I was skimming a manga bookstore and saw a book with things in it that will not be described in detail on the comment. So if a police officer had seen me with such a book in my hands, would i go to jail!?! Honeslty, people these days. If he's an active pervert i don't mind his going to the pound but if he's just got some fetish, will he go to jail? poor guy. you cant help your feetishes.....er... fetished....
  • nightlight 2009/06/18 02:43:40
    nightlight
    +1
    This is so stupid it's scary. As Goethe said, "there nothing more frightening than the sight of ignorance in action". This is an example of the courts and law enforcement having become absolutely corrupted by by their absolute power. This story reminds me too much of George Orwell's "1984" an his "thought police". Mr. Handley, and every other American, has the right (or certainly should) to buy, own, and view whatever material he chooses in the privacy of his own home. Only in the highly unlikely event that a person goes out and tries to mimic illicit behavior depicted in one of these magazines should he be arrested and prosecuted.
  • moomoof 2009/06/17 17:41:07
    moomoof
    +1
    oh wow .....that sucks but i dont buy yaoi really i look at it XD
  • Yume Supernova *~Never Forg... 2009/06/17 17:09:54
    Yume Supernova *~Never Forget How to Dream!~* God Bless America
    I own a bunch of manga and anime, and everything I have that has any sort of relationships, sex, or anything features adults. But just because some stupid somebody looks at the characters and says they LOOK young because of the art style, I could get thrown into jail?! This is a friggen outrage!

    That and it's FICTION! It's not harming anybody.

    My goodness, it's amazing what people will do to take away people's 1st Amendment rights nowadays...
  • chaoski... Yume Su... 2009/06/17 19:00:06
    chaoskitty123
    +1
    Very true but a lot of artists were using art to depict adults having sex with characters as young as three years old which many find very disturbing. So where do you draw the line. In this case, the guys lawyer convinced him to plead guilty when if even one member of that jury felt like you he could have beaten the case.

    So the lawyer is actually more to blame here and his confession will make it harder to appeal.
  • Yume Su... chaoski... 2009/06/17 19:20:58 (edited)
    Yume Supernova *~Never Forget How to Dream!~* God Bless America
    Well, it's as many people say... if you don't like it, don't read/watch/look at it. Not that I condone the act in real life, but if it's part of a completely fictional story and it's not actually harming anybody, then it really shouldn't be that big a deal. There are way more important things to worry about in the big bad world than whether someone should be arrested for possessing stories with socially unacceptable material.

    Oh, and another quote I like... "Anyone who trades liberty for security deserves neither liberty nor security."

    That's just my opinion though... what do I know?
  • chaoski... Yume Su... 2009/06/17 19:23:56
    chaoskitty123
    +1
    You actually are correct and i think he would have beaten this if his own lawyer weren't of the mindset they couldn't win. Makes me wonder if it was him who really had a problem and wanted to ensure his client got convicted.
  • Yume Su... chaoski... 2009/06/17 19:27:49
    Yume Supernova *~Never Forget How to Dream!~* God Bless America
    Ah... gotta love the people who will satisfy the temporary safety of the few people who live to ruin everything for others... >__<
  • mu_linlin7 2009/06/17 16:51:53
    mu_linlin7
    +1
    Yaoi is not exclusively adult-minor. While some yaoi mangas do depict adult-minor relationships, many depict adult-adult relationships. "Yaoi" is just a popular term for anime that focuses on homoerotic or homoromantic male relationships. It's not illegal.
  • chaoski... mu_linlin7 2009/06/17 18:45:28
    chaoskitty123
    Understood but the problem is the youthful art style and having people view it who don't understand it. I've seen a lot of it because I like anime and a lot of sites intermix things so it's unavoidable and confusing at times.
  • Buh bye 2009/06/17 10:15:56
    Buh bye
    +1
    I don't see why they are making a big deal about this, it's fiction. It's like arresting someone who writes a book where someone is murdered or raped in detail. Nobody was harmed in reality, and it shouldn't be treated as a crime.
  • chaoski... Buh bye 2009/06/17 18:43:40
    chaoskitty123
    the bad thing is we actually do have criminals who get off on this thing and act on it in real life. That's not to say most will but the overreaction is to the fact it does happen and since in most cases you won't see the child molester who hurts your child until after the event... people are looking for ways to spot a perpetrator in advance. You can't fault people for that but at the same time, even if you catch someone violating the law... there should be some consideration to if the sentence is appropriate or someone going apeshit. I think the conviction is enough, no punishment and since he confessed... I think that's a matter between him and the lawyer that convinced him to confess when he might have had someone on the jury like yourself who would not have convicted him... it takes only one.
  • Buh bye chaoski... 2009/06/17 21:05:13
    Buh bye
    You're very right, but in all honesty, I've come across some yaoi manga that have adults with children, and most of it is not too graphic. Also if you've never come across yaoi with sex in it, you wouldn't know that it's not really drawn for the intent of masturbation or being aroused, because unlike other porn, it usually has a very deep and emotional storyline, and it just happens to have sex between two males in it. Besides, there are so many types of yaoi manga, some are harmless and some that are a bit twisted. You can't say that I necessarily wouldn’t have convicted him, because I don't know if there were any sample pictures from the manga in the court, if I thought that they were sickening and shouldn’t be possessed then I would have, but if I personally thought that they were harmless of course I wouldn't have.
    Oh something I didn't write in my first post that I would like to point out is; not all yaoi has sexual acts between and adult and a minor, a lot of yaoi just is two adult men.
  • Jackson 2009/06/17 07:24:24
    Jackson
    +1
    It will be thrown out. I can draw stick figures say that they are 4 years old and have them pose sexually will I too be charged?
  • chaoski... Jackson 2009/06/17 18:39:32
    chaoskitty123
    He confessed so there's no throwing it out. They threw out all but three charges because his lawyer wanted him to make a deal. The lawyer here is more at fault because a good lawyer would know if even one on that jury knew what anime was or felt like you guys... he would win the case.
  • Zuggi chaoski... 2009/06/17 22:21:24
    Zuggi
    Sure it can be thrown out, but only on appeal. He just needs to get an appellate lawyer, possibly sue for ineffective assistance of counsel (for ignoring clear Supreme Court precedent invalidating that law), and he's home free.
  • Zuggi 2009/06/17 07:08:30
    Zuggi
    +1
    Hmm... I remember discussing this in LS. Punishing this at the same level as child pornography is stupid. In real child pornography, a child is harmed. This case will likely be overturned on appeal; all previous ones of this type have.
  • Yume Su... Zuggi 2009/06/17 17:06:41
    Yume Supernova *~Never Forget How to Dream!~* God Bless America
    Censorship should be unthinkable in a nation like ours, considering 1st Amendment rights and all. I hope that case gets thrown out!
  • chaoski... Yume Su... 2009/06/17 18:34:31
    chaoskitty123
    +1
    Problem there is the admission of guilt as now he'll have a much harder time getting an appeal. He hasn't been sentenced though so the judge could be lenient and offer probation... kinda doubt that though but I have seen stranger things happen.
  • chaoski... Zuggi 2009/06/17 18:37:43
    chaoskitty123
    yeah but most of those never had a confession which makes an appeal more difficult. He might have even beaten the case if just one member of the jury felt like you or were familiar enough with anime to side with him. I think on this, his lawyers sensibilities were more what got him convicted getting him to do a deal as a deal requires conviction on some charges and all but three were tossed out. But yeah, this should not be equitable to real child porn or abuse as then it diminishes and trivializes when a real child is harmed.
  • Zuggi chaoski... 2009/06/17 22:22:06
    Zuggi
    You can appeal a guilty plea, and he should (and probably will).
  • chaoski... Zuggi 2009/06/18 00:21:02
    chaoskitty123
    I'd like to see that but it seems the Comic Book Defense Fund and others have given up on him. If nothing else, the law has done such a poor job of educating people and allows this type of manga to be promoted for sale... I mean, if this were child porn photo's, wouldn't they also go after the distribution and advertizing network promoting it?
  • ..tisha... 2009/06/17 06:37:21
    ..tisha...
    +1
    ............I personally don't see why it was made such a big deal, it's not like the guy had 'actual' pictures of such things, it's artwork....since when does artwork become means for censorship?
  • Anubis Nex 2009/06/17 06:34:55
    Anubis Nex
    wow i dont like yoai but i do like the lesser form shoan-ai(sp)? any yall do know that yoai and shoan-ai is guyXguy right?
  • ..tisha... Anubis Nex 2009/06/17 06:38:47
    ..tisha...
    +1
    Yaoi and Shonen-ai. and yes but one is sexually explicit while the other is more suggestive...
  • Anubis Nex ..tisha... 2009/06/17 06:41:41
    Anubis Nex
    i am such a moron ive been spelling it wrong for years. but i do know what they are
  • chaoski... ..tisha... 2009/06/17 18:32:54
    chaoskitty123
    The problem is that the suggestion wasn't the only thing as apparently some of the images were adult in nature and even featured beastiality. But then, they might think Peanuts is sexually explicit as well don't you think lol.
  • ..tisha... chaoski... 2009/06/17 18:47:12 (edited)
    ..tisha...
    Bestiality? Hell Family Guy might as well have bestiality in it- it features a talking dog in bed with women- regardless if it doesn't show anything, it is suggesting....but we still air that on public television.
  • chaoski... ..tisha... 2009/06/17 19:05:35
    chaoskitty123
    Shhhh... do not put any ideas in peoples heads as I'm being dead serious... they don't think about things like that til it's pointed out. And if you read the law, it does allow for suggestion, it's possession of x rated or obscene material. Only question there is what's your definition of obscene.

    The thing though is his lawyer convinced him to plead guilty. Had there been even one person on that jury that felt like you he would have been acquitted. So in a strange way, it's not the jury or community at fault except for raising the question "is this" and now that he has been convicted it will make an appeal more difficult.

    He needs to change his plea if he can and get a new lawyer.
  • Artemis ~PHAET 2009/06/17 06:33:34
    Artemis ~PHAET
    +3
    Yes, I do. In fact, I own some yaoi manga. Yaoi does not mean that it features adults with children in sexually explicit ways. It is sexually explicit, and I'm sure some of them probably do in fact feature children, but yaoi means that it features sexually explicit male/male relationships. Mine all feature adults. No children. That is what would be termed as shota manga.

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