What's the legality of hentai with underage characters?

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So I'm a pretty avid hentai viewer, and of course it extends into H-manga, H-games, rule34, 3DCG porn, and fanart as well. I'm sure all hentai/rule34 fans are aware that many fanarts, doujinshi, and other H-media often contain underage characters. Whether it's fan works of canonically underage characters (Yoko Littner, Matoi Ryuko, etc etc), or original works with characters that appear to look underage (loli/shota stuffs), it's very prominent. After some recent research into CP laws in the States, I've gotten even more confused. The law isn't super clear on virtual/simulated child pornography, and there's no solid verdict on its legality (it varies by state and how obscene it is). I've developed mild to moderate anxiety regarding this since then, and am constantly afraid that one day the FBI will come knocking on my door with a search warrant, that someone's out to get me. Reddit has banned underage content from its 18+ subreddits, so I'm really starting to believe that it's become illegal. Deleting any hentai that I have on my harddrive won't help since authorities can still recover that shit, along with your browsing activities. I'm so paranoid that I'm considering permanently leaving hentai/rule34 altogether, and going back to normal porn. So what really is the legality of hentai that depict (sometimes seemingly) underage characters? What would be considered obscene? Honestly, I'm just look for some assurance, along with an actual answer. This is regarding in California by the way, more specifically LA and Riverside. Sorry if this has been posted before.
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animefreak_usa Child of Samael
It depends on your state, but miller test can be proven in the majority of loli content via artistic merit. toddercon can be the line. but here something.

Kisuka wrote...


It's not illegal to own 18+ manga, so you shouldn't be wanted by the FBI for buying porn...

In regards to loli, currently such depictions are in a legal grey area due to parts of the PROTECT Act being ruled unconstitutional on a federal level.

Laws regulating lolicon and shotacon differs between states; several states have laws that explicitly prohibit cartoon pornography, while others usually have only vague laws on such content.

In some states, such as California, such depictions specifically do not fall under state child pornography laws, while the state of Utah explicitly bans it.

So if you're worried about loli/shota stuff, look up your local laws first on what they consider to fall under that category of pornography.
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animefreak_usa wrote...
It depends on your state, but miller test can be proven in the majority of loli content via artistic merit. toddercon can be the line. but here something.

Kisuka wrote...


It's not illegal to own 18+ manga, so you shouldn't be wanted by the FBI for buying porn...

In regards to loli, currently such depictions are in a legal grey area due to parts of the PROTECT Act being ruled unconstitutional on a federal level.

Laws regulating lolicon and shotacon differs between states; several states have laws that explicitly prohibit cartoon pornography, while others usually have only vague laws on such content.

In some states, such as California, such depictions specifically do not fall under state child pornography laws, while the state of Utah explicitly bans it.

So if you're worried about loli/shota stuff, look up your local laws first on what they consider to fall under that category of pornography.

Thank you so much for replying. I was already informed of the different laws and acts regarding this, but it's just such a grey area that it's causing me unnecessary stress. I'm not afraid of getting in trouble for normal hentai, it's the seemingly underage artworks that's concerning me. Even just viewing it gets me paranoid no, such as on large websites like Pixiv. I do live in California, so should I take that as a "yes lolicon/underage hentai is allowed as long as it's not obscene?"
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animefreak_usa Child of Samael
As long as it doesn't look real or like a real person you shouldn't have any issue. Just don't flaunt it like your read a x-men comic in public.
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animefreak_usa wrote...
As long as it doesn't look real or like a real person you shouldn't have any issue. Just don't flaunt it like your read a x-men comic in public.

Thanks, I do feel a bit better now. I'm personally not into loli stuffs, but a lot of artworks that I do like still contain underage (under 18) characters, such as Love Live and pretty much anything set in high school.
Are you into loli content? Where do you live? Have you ever run into any trouble regarding underage content?
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animefreak_usa Child of Samael
I like the story, but im not into kids. California and i have loli doujins and mangas.
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animefreak_usa wrote...
I like the story, but im not into kids. California and i have loli doujins and mangas.

Were they stuff that was bought legally? (i.e. imported vs local)
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animefreak_usa Child of Samael
Both. Imported thru sal, in my bags from japan and bosshi xx mix from here.
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animefreak_usa wrote...
Both. Imported thru sal, in my bags from japan and bosshi xx mix from here.

I see. I guess the fact that it was purchased legally in California means that it's definitely allowed here. However, it has a disclaimer that stated all the characters in the work were the age of majority or older. Does this make a difference? Are all H-works obligated to state this? (if you know?) Does fan-translated and other fan works have to state this to avoid legal trouble? (ex. rule34 stuffs)
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animefreak_usa Child of Samael
I think it on all legal printed hentai books. I can't say if it makes a difference. If a cop or DA wants to arrest you or charge you with obscenity they will, just getting a conviction is the hard part with any content. The govt tried to get a real porn producer with child porn even though all the actors were over 18, but there portraying under age girls. Any law enforcement can charge you with anything, just getting a judge or jury to believe you committed a crime is the question.

I don't think fangroups do since they can't since they don't own the right to do anything with pirated content. The original drawing by the artist might or might not.
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If you're in California, you're clear. Look at code 311.11.

http://www.shouselaw.com/child-pornography-crimes.html

1.5. PC 311.11 possessing child pornography

Finally, Penal Code 311.11 PC makes it a crime simply to knowingly possess or control child pornography—as long as the production of the pornographic material involved the use of a person under 18.22

Example: Aaron has on his computer a large number of Japanese manga comics, in e-book form. Several of these comics contain explicit drawings of children engaged in sexual acts.

Aaron is not guilty of Penal Code 311.11 child pornography for having these comics, though—because no actual children were involved in their production.
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animefreak_usa wrote...
I think it on all legal printed hentai books. I can't say if it makes a difference. If a cop or DA wants to arrest you or charge you with obscenity they will, just getting a conviction is the hard part with any content. The govt tried to get a real porn producer with child porn even though all the actors were over 18, but there portraying under age girls. Any law enforcement can charge you with anything, just getting a judge or jury to believe you committed a crime is the question.

I don't think fangroups do since they can't since they don't own the right to do anything with pirated content. The original drawing by the artist might or might not.

Thanks for the reassurance. For stuff that's not officially licensed in the States and doesn't have the age disclaimer, would they still be okay to view and/or possess? i.e. stuff you see on Pixiv, rule34 imageboards, reddit, etc.

kunoichi069 wrote...
If you're in California, you're clear. Look at code 311.11.

http://www.shouselaw.com/child-pornography-crimes.html

1.5. PC 311.11 possessing child pornography

Finally, Penal Code 311.11 PC makes it a crime simply to knowingly possess or control child pornography—as long as the production of the pornographic material involved the use of a person under 18.22

Example: Aaron has on his computer a large number of Japanese manga comics, in e-book form. Several of these comics contain explicit drawings of children engaged in sexual acts.

Aaron is not guilty of Penal Code 311.11 child pornography for having these comics, though—because no actual children were involved in their production.

That's a great reassurance, can't believe I've never discovered that before. So all in all, anything that's a fictional artwork is fair game (hentai, manga, 3DCG, games, etc), as long as it's not judged as obscene?
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In California, as long as actual minors were not involved, it should be fine.
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kunoichi069 wrote...
In California, as long as actual minors were not involved, it should be fine.

Alright, thanks. I feel much better now about this, since all of my stuff is hentai/rule34.
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Xiohunter zen.iris.embrace(you)
This topic got me thinking about my own state. Here we have some of the most punishing and vague laws against CP in the country. I have some idea about how criminal charges happen, so it isn't a stretch for me to think some up and coming prosecutor could charge people with possession of CP for having things like loli/shota or even high school looking manga. I know Fakku puts a disclaimer about character age in every book, but much of what constitutes "what is CP" and "what is a child" is subjective and varies state by state. Here if the prosecutor can convince a judge or jury that that you possess depicts a "child" then you are fucked.

I would recommend looking at your local state laws and maybe doing some searches for case history.
http://www.ndaa.org/pdf/Child%20Pornography%20Possession%20Statutes%203-2010.pdf

I also found this group that has some good information about comics/censorship in general. They even list specific cases where people were charged and convicted for possessing child porn for just having loli.
http://cbldf.org/criminal-prosecutions-of-manga/

This topic has made me a bit paranoid so I'll be browsing Fakku through Tor for now on and I'm looking in to FDE.
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Cat-ness NekoMancer
My states laws are crazy

Its Illegal to live with someone of the opposite gender your not married to.

An unmarried man and woman can't stay in the same hotel room

The sale, distribution, or possession of pornography - I drive past 3 Adam and Eves to get to work

Using profane or indecent language on public highways

Obstructing way to places of public worship