"Also, 2D pornography that depicts children under 18, however they appear or their actual age in the official work of fiction, is child pornography in the United States."
I know lolicon is not illegal in the USA, though many want it to be. I doubt other styles of cartoon porn are illegal, though you could get sued by Disney if you used their characters.
I remember when I was watching hentai, and there was this ad and Katara had her ass bended over and then Sokka's face is all '':O'' and I'm like what the fuck is this shit lmao.
I mean hentai is technically animated porn but it's disturbing when you see characters of children tv shows being sexualized, it's like ????
@vampire neko I didn't say that was wrong but now I not sure if I did say or implied it.
As for Disney, yeah you can but that is regarding copywrite not child pornography so I didn't mention it.
^I was saying I don't think it's illegal (They tried to make it illegal a few years ago). I didn't say anything about you saying it was wrong.
Oh I see! Sorry about that. Glad it's cleared now.
Answers from actual lawyers:
"Child pornography is images of actual children engaged in or simulating sexual conduct or exhibiting their genitalia. Artwork, cartoons, drawings and sketches are not actual images of real children and are therefore not child pornography."
"If no children are used in the making of the pornography, therefore, it is not child pornography. Drawings and cartoons, even of children, are not child pornography."
But it's also a grey area since older laws were passed that could potentially be used to convict someone as has been done in a couple cases. Generally it's not outright illegal but could be under certain circumstances if the prosecutes are determined and get the right judge.
The potentially problematic law in question:
In my opinion anything fictional is okay. I don't believe lolicon itself is a substitute for the "real thing" however it tends to get that reputation.
Even in a fiction (later claimed to be non-fiction) book like "Flowers in the Attic" by V.C. Andrews has elements of sexual intercourse between children and incest. Now it did cause some controversy back then but none-the-less is still available to buy legally in the states.
However 2D (or even 3D CG) lolicon with H elements, though technically legal in the states, falls into a "grey area" all because of the PROTECT ACT of 2003. http://en.wikipedia.org/wiki/PROTECT_Act_of_2003
Basically the PROTECT ACT of 2003 protects minors from things that perpetuates illegal pornography of a minor.
So if you are somehow indicted on charges, depending on particular criteria(s) and how your state/community sees it, you change be formally charged, tried, and locked-up (it's happened to people state-side and in the UK. Of course under UK law). Although many argue that the PROTECT ACT of 2003 is unconstitutional in itself because it violates freedom of speech.
If you are worried about lolicon, I would check the legality of it in your jurisdiction.
Again, it's fake, there's no victim, might not be your cup-of-tea but probably won't disappear from the anime/manga/game industry. Additionally I think lolicon, or even shotacon for that matter, does NOT perpetuate any illegal pornographic industry in any way, shape, or form; there's no evidence of that and it's idiotic to think so. And yeah Vampire Neko, those who do not understand it or even like the idea of it will try to get it banned.
Realistically they can't make it completely illegal and enforce it with jail time because there is just so much hentai that depicts persons under 18 that is available for purchase or on peoples computers in the USA that even if they emptied all the jails they wouldn't have enough prison space. Even everyone who viewed KissXSis or Saya no Uta or thousands of others would go to jail.