18 U.S. Code § 1466A – Obscene visual representations of the sexual abuse of children
(a)In General.—Any
person who, in a circumstance described in subsection (d), knowingly
produces, distributes, receives, or possesses with intent to distribute,
a visual depiction of any kind, including a drawing, cartoon,
sculpture, or painting, that—
(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; or
attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
(b)Additional Offenses.—Any
person who, in a circumstance described in subsection (d), knowingly
possesses a visual depiction of any kind, including a drawing, cartoon,
sculpture, or painting, that—
(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; or
attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(2), including the penalties provided for
cases involving a prior conviction.
Most recent conviction seems to be May 2016. That’s this month.
When abusive adults in fandoms prey on the children in them, try to spread that it’s okay to draw child porn of the child characters, to sexualize the child characters, they are breaking the law and encouraging minors to break the law. The law doesn’t care if you use it as a “coping mechanism” (even forgetting that abused people can become abusers themselves). This is illegal and it can get you imprisoned.
Please boost this. Not enough people know the law exists and big-name artists routinely bully people, survivors, minors into believing that spreading child porn in their fandoms is okay and to do it themselves. It’s not, and it can get rebloggers arrested for possessing and spreading obscene visual representations of the sexual abuse of children.
PROTIP: Read the definitions before shittalking a statute. This statute has everything to do with actual flesh and blood human beings and nothing to do with lines on a piece of paper. The only way to get a conviction from non-flesh and blood is if the depiction is indistinguishable from an actual person, that is, a 3-D rendering. In addition, trying to outlaw anything relating to speech in these here United States is gonna be hells of difficult because of that dang pesky First Amendment–you know, that same freedom of speech that gives you the right to engage in this kind of coprolalia. (See the “lacks artistic merit” part of this section, and the “is obscene” part of this section.) If the United States Supreme Court doesn’t know what actual, adult on adult pornography is (the actual, literal legal test is “I know it when I see it”), what makes you think SCOTUS knows what child porn is? And this doesn’t even apply outside of this here America country, and believe it or not, there are dozens of other nations out there.
tl;dr You’re full of shit, you are not authorized to give legal advice in any jurisdiction, and you are deliberately fear-mongering by misinterpreting the law.
Go straight to jail, do not pass go, do not collect two hundred dollars.
Discussion ¬