Man convicted in USA for owning manga

Discussion in 'Japan Forum: Living there or planning a visit.' started by ASSEMbler, May 29, 2009.

  1. ASSEMbler

    ASSEMbler Administrator Staff Member

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    U.S. Manga Obscenity Conviction Roils Comics World

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    In an obscenity first, a U.S. comic book collector has pleaded guilty to importing and possessing Japanese manga books depicting illustrations of child sex abuse and bestiality.
    Christopher Handley, described by his lawyer as a “prolific collectorâ€￾ of manga, pleaded guilty last week to mailing obscene matter, and to “possession of obscene visual representations of the sexual abuse of children.â€￾ Three other counts were dropped in a plea deal with prosecutors.
    The 39-year-old office worker was charged under the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.â€￾ Handley’s guilty plea makes him the first to be convicted under that law for possessing cartoon art, without any evidence that he also collected or viewed genuine child pornography. He faces a maximum sentence of 15 years in prison.
    Comics fans are alarmed by the case, (.pdf), saying that jailing someone over manga does nothing to protect children from sexual abuse.
    “This art that this man possessed as part of a larger collection of manga … is now the basis for [a sentence] designed to protect children from abuse,â€￾ says Charles Brownstein, executive director of the Comic Book Legal Defense Fund. “The drawings are not obscene and are not tantamount to pornography. They are lines on paper.â€￾
    Congress passed the Protect Act after the Supreme Court struck down a broader law prohibiting any visual depictions of minors engaged in sexual activity, including computer-generated imagery and other fakes. The high court ruled that the ban was overbroad, and could cover legitimate speech, including Hollywood productions.
    In response, the Protect Act narrows the prohibition to cover only depictions that the defendant’s community would consider “obscene.â€￾

    “It’s probably the only law I’m aware of, if a client shows me a book or magazine or movie, and asks me if this image is illegal, I can’t tell them,â€￾ says Eric Chase, Handley’s attorney.
    Chase says he recommended the plea agreement (.pdf) to his client because he didn’t think he could convince a jury to acquit him once they’d seen the images in question. The lawyer declined to describe the details. “If they can imagine it, they drew it,â€￾ he says. “Use your imagination. It was there.â€￾
    The case began in 2006, when customs officials intercepted and opened a package from Japan addressed to Handley. Seven books of manga inside contained cartoon drawings of minors engaged in sexually explicit acts. One book included depictions of bestiality, according to stipulations in Handley’s plea deal.
    Frenchy Lunning, a manga expert at the Minneapolis College of Art and Design, was a consultant in the case. She says the books were from the widely available Lolicon variety — a Japanese word play on “Lolita.â€￾
    “This stuff is huge in Japan, in all of Asia,â€￾ Lunning says. Handley, she adds, “is not a pedophile. He had no photographs of child pornography.â€￾
    Handley remains free pending a yet-to-be scheduled sentencing date. Mike Bladel, a spokesman for the U.S. Attorney’s Office for the Southern District of Iowa, declined to state what kind of sentence the government would seek, but claimed there were hundreds of obscene panels in the seized manga.
    Chase says he’s hoping the judge will take into account the circumstances.
    “He was a prolific collector,â€￾ says the lawyer. “He did not focus on this type of manga. He collected everything that was out there that he could get his hands on. I think this makes a huge difference.â€￾


    http://www.wired.com/threatlevel/2009/05/manga-porn/
     
  2. MoBoRoS

    MoBoRoS Intrepid Member

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    wow.... quite a story:/
    poor guy.. thats really really not fair imho. Everyone owns ecchi mangas or hentai mangas or mature mangas which contain nudity.
     
  3. Mr. Casual

    Mr. Casual Champion of the Forum

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    It happened in Canada first :dance:
     
  4. karsten

    karsten Member of The Cult Of Kefka

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    one extra part of me wishes to stay far from USA now... :(

    as if owning terminator films, and similar was enough to make someone jailed... and what about that fake rape pron?

    this case will enter history.
     
  5. GodofHardcore

    GodofHardcore Paragon of the Forum *

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    The ACLU will gut the judge....
     
  6. port187

    port187 Serial Chiller

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    Something considered normal and legal in one country can be seem as illigal in another, especially seeing that the US is quite sensible on these matters and a very prude country (look at nipplegate, this would be a joke in the Netherlands!) while Japan is very pervert.
    So seeing as the content was child porn I don't think its that weird he got convicted for it eventhough its a comic and not the real thing especially if selling and mailing it around the country.

    On the other side I find it weird for a country where liberty of freedom of speech is allowed and nazi's demonstrate on the streets with nazi customers while such a thing is outlawed here.

    Anyway here in the Netherlands soft drugs are legal and considered normal, try and import that as a collector to the US lol.
     
  7. DCharlie

    DCharlie Robust Member

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    Tentacles have feelings too, USA!

    Serious question - how do they know the age of the characters involved? I mean, i'm sure there ARE some dodgy situations here - i'm not naive - but surely some context is required....

    .... i mean, what if it's a 12 year old possessed by the dead phantom of the mystical city of Galarsia, whose weakness is that she is destroyed by manseed, and that in order to save the world the male 17 year old character is conflicted between his love for the girl (who happens to be his sister) and his oath to his dead father to defend the earth no matter what the cost?!

    DID THE JURY CONSIDER THAT?! I DOUBT IT!!!
     
    Last edited: May 29, 2009
  8. c_rpg

    c_rpg Spirited Member

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    I do hope this does not get out of hand (if it hasn't already). I agree that there are limits but who is going to say what those limits are? In the end they are still works of art, heck there are lots of paintings, sketches, etc from famous artists with nude depictions of minors. Some old sack could say an old painting is art and this isn't, but that's not really fair is it.
     
  9. ccovell

    ccovell Resolute Member

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    It's a bit funny as a non-sequitur, but I'm sure you mean "sensitive". "Sensible" is one thing this case is not.
     
  10. daytonausa

    daytonausa Enthusiastic Member

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    Our country is getting worse and worse. And to think my fiancee came from Canada to come HERE. I'm sorry, but I think they need to amend the law here. He's obviously not addicted to the stuff, and is more of a manga collector than anything.

    How sad.
     
  11. Taucias

    Taucias Site Supporter 2014,2015

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    Part of a bigger collection, but still child rape porn. Why collect them? It's not like he had to buy them, right?

    I agree to a point though, that this does not protect children from sickos.
     
  12. GaijinPunch

    GaijinPunch Lemon Party Organizer and Promoter

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    I'd like to know how the authorities determined that the children were under age. :/ The rape game is still more offense. Rape a mother & daughter on the train, impregnate them both, and then make them terminate the pregnancy.
     
  13. madhatter256

    madhatter256 Illustrious Member

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    What is legal in one country and illegal in another country does not constitute a person to perform the activity in which the country has it illegal. I'm simply repeating what was said in earlier posts.

    Picture it this way. If it was a guy who just collected nothing but this type of manga in question and no other manga, then what would you picture that guy as? A child-porn pervert, nothing else to it and we'd put him in jail very quickly and no controversy of this magnitude would be had.

    If he was any smarter, then he would not have imported such material over.
     
  14. DevHackr

    DevHackr Enthusiastic Member

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    another pervert down.
     
  15. Hawanja

    Hawanja Ancient Deadly Ninja Baby

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    I certainly hope so, becasue this ruling is total bullshit.

    I myself would probably be considered a “prolific collectorâ€￾ of manga, certainly of comics in general. This guy went to prision because of someting he legally bought? What kind of shit is this?

    Is there a legal defense fund I can donate to or something? Because this really does worry me. Before you know it you'll be put in jail just for going to certain websites. Obviously this ruling shows the US is not "quite sensible" on this matter.

    My problem with that is that no actual children were harmed. In fact, one could argue that becasue he channeled these urges in a legal manner (i.e. spanking it to pictures of Sailor Moon instead of trying to kidnap somebody) then the Manga actually prevented such crime. I should be a lawyer.

    I mean, if the shit is illegal then that's one thing. But the law is too vauge, in one city those dirty books might not be considered illegal at all. This guy should get off imo (and get out of jail too :)
     
    Last edited: Jun 2, 2009
  16. la-li-lu-le-lo

    la-li-lu-le-lo ラリルレロ

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    If there's one problem with our legal system, it's that we focus way too much on putting people "in jail very quickly" and not enough on making sure that they're actually guilty of something.

    I don't know about you, but I don't want people being prosecuted for victimless crimes. If he actually has sex with children, then he should be put in jail for that. But saying that he probably does since he reads child pornography and that he must be jailed for this is the same as saying that the law is only approximate. People should only be jailed for crimes they actually commit, not that they probably commit. If there's actually a law outlawing cartoons like that, then that's a bit different, but it's still wrong.

    Moreover, I think this is really more about attempting to legislate morality. It's one thing to say that a person can't have sex with children, but it's another thing entirely to say that they can't read about it. That's a blatant infringement on First Amendment rights.
     
    Last edited: Jun 2, 2009
  17. raylyd

    raylyd Guest

    the world is a unfair place lets fly to the moon lol
     
  18. Mr. Casual

    Mr. Casual Champion of the Forum

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    They might as well make Disgaea illegal...hell, there are a TON of Japanese games out there with a lot of slutty looking underage girls...lets make them illegal and obscene to own too!

    I think getting convicted for owning lolicon is insane. I'm not a fan of lolicon, but throwing a man in jail for owning it is going too far. Also, they claimed that cartoon bestiality is obscene as well, does that mean all furries should be tossed in jail because they make anthro porn?

    I think the obscenity law is ridiculous, it basically takes the constitution and tramples all over it. There might be a few pedophiles out there that are crazy over lolicon and it makes them want to go out and go kidnap some poor kid, but the same could be said for everything imitatable in media, IMO. If they have no self control, its not really the fault of the artist / author of the manga comic.
     
  19. GaijinPunch

    GaijinPunch Lemon Party Organizer and Promoter

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    It shocks me how many "execute first, try later" people post here. Do you guys wank to Nancy Grace? I won't defend the artistic expression, but this guy is hardly the first to buy this stuff, and won't be the last. I'm wondering if he admitted ordering it himself. Maybe I should just shove a bunch of this manga in a package and randomly mail it to someone in the US and see if they're featured on Wired.
     
    Last edited: Jun 2, 2009
  20. WolverineDK

    WolverineDK music lover

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    if there is any justice in this absurd case, then I hope he can still have all the other mangas in his collection , except his lolicon collection. But then again Sweden has outlawed lolicon too, but back to the guy. I fucking hope he only get a probation sentence or else, he is fucking dead meat in prison. Poor guy, I really hope the ACLU grills the judge over a slow burning fire. But then again America is not the only country who has censored a shitload of art or pictures, England does it, and Italy has done it (and probably still do) since one of the art museums in Italy has a very special collection of erotic and pornographic art pieces and paintings, heck my father and I have a book with Japanese woodblock prints (think Hokusai and Andõ Hiroshige and what not) and the picture depicts a woman and a man, but what my father didn't see before I mentioned it for him was that the woman was giving the man a blowjob, but it was censored by the Victorian censor police so you couldn't see it without you looked at it closely. So same game different name, but US has done a lot of crazy stuff which I am not going to shout about, because we all know where that would head.
     
    Last edited: Jun 9, 2009
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