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As examples of what is not a person, the child pornography expert mentioned The Simpsons and Donald Duck. They decided that the images were not realistic and could not be mistaken for real children, and that they therefore could not be counted as exceptions to the constitutional law of freedom of speech. One picture was still considered realistic enough to be defined as child pornography according to Swedish law.

However, his possession of it was considered defensible through his occupation as a professional expert of Japanese culture, particularly manga.

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This act makes cartoon pornography depicting minors illegal in the England, Wales and Northern Ireland. Since Scotland has its own legal System, the Coroners and Justice Act does not apply, although due to the introduction of the Sexual Offences Scotland Act by the Scottish Parliament, the aforementioned cartoon images are also specified as illegal.

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This Act did not replace the act, extended insince that covered " pseudo-photographs "—images that appear to be photographs. In it was further extended to cover tracings and other works derived from photographs or pseudo-photographs. Prior to this, although not explicitly in the statutes, the law was interpreted to apply to cartoon images, though only where the images are realistic and indistinguishable from photographs.

History[ edit ] In the government was giving close consideration to the issues and options regarding cartoon pornographyaccording to Vernon Coaker.

Others stated that the intended law would limit artistic expression, patrol peoples' imaginations, and that it is safer for pedophiles' fantasies "to be enacted in their computers or imaginations [rather] than in reality".

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The Act made it illegal to own any picture depicting unders participating in sexual activities, or depictions of sexual activity in the presence of someone under 18 years old. The law was condemned by a coalition of graphic artists, publishers, and MPs, who feared it would criminalise graphic novels such as Lost Girls and Watchmen.

In OctoberRobul Hoque was convicted of possessing up to explicit manga images involving fictional children, in the UK's first prosecution of its kind. He received a 9-month suspended sentence. He was also warned in court that had he been in possession of actual child pornography, he would have been sentenced to jail for a longer term in years. Child pornography laws in the United States The legal treatment of simulated child pornography in the United States requires an understanding of the components of that phrase: United States law treats these as separate concepts.

In the United States, pornography is considered a form of personal expression, and thus governed by the First Amendment to the Constitution. Pornography is generally protected speech, unless it is obsceneas the Supreme Court of the United States held in in Miller v.

The basis for the ruling was that the CPPA made unlawful some forms of protected First Amendment speech, banning depictions of sex between children even if not obscene and not involving real child victims.

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Under New York v. Ferberif the depiction is of real child abuse or a real child victim, as a result of photographing a live performance, for instance, then it is not protected speech. California, obscene speech is likewise excluded from First Amendment protection. The CPPA made all virtual child sex depictions illegal without regard to whether the speech was protected or not, so that part of the statute was struck down as facially invalid.

This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. By its own terms, the law does not make all simulated child pornography illegal, only that found to be obscene or lacking in serious value.

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And mere possession of said images is not a violation of the law unless it can be proven that they were transmitted through a common carrier, such as the mail or the internet, or transported across state lines. A crime is committed only when the speaker believes or intends the listener to believe that the subject of the proposed transaction depicts real children.

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