When Is It Child Pornography?

[Miscellaneous Artist]

In the wake of the LoK season finale I was looking at some fanart and came across this guy who makes hentai fanart of the characters. (won't post a link because of the TOS but it's pretty easy to find them on blogspot) I took an immediate disliking to this guy given my existing disposition: I can't stand hentai, and it makes me cringe when an artist's claim to fame is fanart...their riding on the coattails of someone else's success. Among the many things off about the pictures, the most disturbing ones featured characters when they were obviously children (like nekked little kid Azula). Even so, a lot characters in the cast would still be considered minors in many places.

My initial reaction was to report the guy, but at the time I wasn't as acquainted with laws regarding childporn and figured it would be wise to get a second opinion. Not to mention that I'd basically be singling out one guy among the probably hundreds of other people cranking out hentai fanart featuring fictional children. This "fanart" could be considered illegal on multiple grounds, but in the case of child pornography it's arguable. This raises the question:

Do you consider pornography featuring fictional children child pornography? Why?
Under 18 U.S.C. § 1466A, sexualized depictions of minors that do not pass the Miller test are illegal. What would be the terms of your "Miller test"?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases. One would also have to consider obscenity and how sexual the work is...details, details.

US Laws regarding child pornography:
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[Blood Valkyrie]

If no actual children are involved in the making of the art, when you need to leave it alone.

I can legally write a story about a 12 year old being sexually molested, with graphic details, and I have done so.

Why can't this guy draw some pictures?

[the reverend silver]

Fight Me Bro

I took an immediate disliking to this guy given my existing disposition: I can't stand hentai, and it makes me cringe when an artist's claim to fame is fanart...their riding on the coattails of someone else's success.

You suck.

[Lucky~9~Lives]

Fight Me Bro

Do you consider pornography featuring fictional children child pornography?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases.

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

[Chahklet]

Yes, I do. Only in the sense that they're both disgusting. But you can't prosecute that sort of thing. No actual children were involved. But I believe its harmful to the psyche.

[Miscellaneous Artist]

Lucky~9~Lives

Fight Me Bro

Do you consider pornography featuring fictional children child pornography?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases.

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

what defines a work as child pornography for you?

[the reverend silver]

Chahklet

Yes, I do. Only in the sense that they're both disgusting. But you can't prosecute that sort of thing. No actual children were involved. But I believe its harmful to the psyche.

If you're enjoying CP, your psyche's already been harmed.

[Blood Valkyrie]

Fight Me Bro

Lucky~9~Lives

Fight Me Bro

Do you consider pornography featuring fictional children child pornography?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases.

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

what defines a work as child pornography for you?

I'll answer, even though the question wasn't directed towards me.

When it literally involves actual children being depicted.

[Miscellaneous Artist]

Blood Valkyrie

Fight Me Bro

Lucky~9~Lives

Fight Me Bro

Do you consider pornography featuring fictional children child pornography?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases.

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

what defines a work as child pornography for you?

I'll answer, even though the question wasn't directed towards me.

When it literally involves actual children being depicted.

"acutal children" as in nonfiction human children?

[Chahklet]

the reverend silver

Chahklet

Yes, I do. Only in the sense that they're both disgusting. But you can't prosecute that sort of thing. No actual children were involved. But I believe its harmful to the psyche.

If you're enjoying CP, your psyche's already been harmed.

Its the one thing I can't forgive.

[Blood Valkyrie]

Fight Me Bro

Blood Valkyrie

Fight Me Bro

Lucky~9~Lives

Fight Me Bro

Do you consider pornography featuring fictional children child pornography?

I'm on the fence. While it could enable dangerous behaviors, there's also no real child victim in these cases.

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

what defines a work as child pornography for you?

I'll answer, even though the question wasn't directed towards me.

When it literally involves actual children being depicted.

"acutal children" as in nonfiction human children?

Yeah.

For example:

http://en.wikipedia.org/wiki/The_Treachery_of_Images

That is not a pipe. That is not a photograph of a pipe.
That is oil on canvas.

An actual photograph of a pipe wouldn't technically be a pipe, but it would have a copied image of an actual, physical pipe; a literal pipe would be involved with the creation of this hypothetical photograph.

In child porn, actual children are involved with the creation. They are physically manipulated and abused for the entertainment of sick people.

In works where no real children are involved, such as purely fictional drawings or literature, it's not really child porn, I think. Or at least, it's harmless. If you don't like that sort of material, you don't have to be exposed to it. If you want to enjoy the material, well, at least you have an outlet and nobody is getting hurt! See?

[DynaSuarez Wrecks]

Blood Valkyrie

How do you feel about drawn images that depict actual children but are drawn from a combination of memory and imagination (imagination because I would hope the artist has not ever seen the child nude) and do not involve the child actively modelling?

[Exoth XIII]

Blood Valkyrie

Fight Me Bro

Blood Valkyrie

Fight Me Bro

Lucky~9~Lives

No; even if it enables dangerous behaviours, that is a distinct issue from whether it is child pornography.

what defines a work as child pornography for you?

I'll answer, even though the question wasn't directed towards me.

When it literally involves actual children being depicted.

"acutal children" as in nonfiction human children?

Yeah.

For example:

http://en.wikipedia.org/wiki/The_Treachery_of_Images

That is not a pipe. That is not a photograph of a pipe.
That is oil on canvas.

I beg to differ.
It is, in fact, a digital representation of a photograph of oil on canvas.

Quote:

In works where no real children are involved, such as purely fictional drawings or literature, it's not really child porn, I think. Or at least, it's harmless.

Better than harmless IMO.
I'd rather the kiddyfiddler wank to cartoons than go molest someone.

[Blood Valkyrie]

DynaSuarez Wrecks

Blood Valkyrie

How do you feel about drawn images that depict actual children but are drawn from a combination of memory and imagination (imagination because I would hope the artist has not ever seen the child nude) and do not involve the child actively modelling?

What do you mean by memory?

[Blood Valkyrie]

Exoth XIII

Blood Valkyrie

Fight Me Bro

Blood Valkyrie

Fight Me Bro

what defines a work as child pornography for you?

I'll answer, even though the question wasn't directed towards me.

When it literally involves actual children being depicted.

"acutal children" as in nonfiction human children?

Yeah.

For example:

http://en.wikipedia.org/wiki/The_Treachery_of_Images

That is not a pipe. That is not a photograph of a pipe.
That is oil on canvas.

I beg to differ.
It is, in fact, a digital representation of a photograph of oil on canvas.

Quote:

In works where no real children are involved, such as purely fictional drawings or literature, it's not really child porn, I think. Or at least, it's harmless.

Better than harmless IMO.
I'd rather the kiddyfiddler wank to cartoons than go molest someone.

You're correct! It's a digital representation of oil on canvas! Sorry! crying