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How the fuck are we expected
to know how old she is? |
Anime collector Christopher Handley was busted in May of 2006, when U.S.
Immigration and Customs Enforcement (ICE) intercepted a package addressed to
Handley coming into the United States from Japan. The package contained several
anime items, which the feds say contained visual representations of the
sexual abuse of children, specifically Japanese manga drawings of minor females
being sexually abused by adult males and animals.
ICE used the material as the basis to obtain a search warrant of Handley's
residence, and there, postal inspectors found and seized what a Justice
Department press release termed additional obscene drawings of the sexual
abuse of children, some of which were contained in a type of homo-erotic
anime known as yaoi.
Based on evidence seized, Handley was indicted by a federal grand jury in May,
2007, under Sec. 1466A on the U.S. Criminal Code, Obscene visual
representations of the sexual abuse of children.
The law, whose genesis is in the PROTECT Act, was enacted in the wake of Free
Speech Coalition's win in the U.S. Supreme Court against certain sections of the
Child Pornography Prevention Act (CPPA) which had criminalized images that
appeared to be, or that were advertised, promoted, presented, described,
or distributed in such a manner that conveys the impression, of minors
engaging in sexually explicit conduct. Congress' anger at this ruling led
directly to Sec. 1466A, which makes a criminal out of any person who
knowingly produces, distributes, receives, or possesses with intent to
distribute, a visual depiction of any kind, including a drawing, cartoon,
sculpture, or painting, that depicts a minor engaging in sexually explicit
conduct and is obscene, as well as any person who knowingly possesses such a
depiction, even though no actual minors are involved.
Part of the problem faced by the defense was that the anime style of drawing
made it difficult to argue that much of the material in question didn't actually
depict minors.
There is explicit sex in yaoi comics, acknowledged Eric Chase, of the
United Defense Group, which was handling Handley's defense. And the men are
drawn in a very androgynous style, which has the effect of making them look
really young. There's a real taboo in Japan about showing pubic hair, so they're
all drawn without it, which also makes them look young. So what concerned the
authorities were the depictions of children in explicit sexual situations that
they believed to be obscene. But there are no actual children. It was all very
crude images from a comic book.
Failing to prove that the depictions were of adults, and lacking sufficient
funds for a proper defense Handley decided to plead guilty to possessing
obscene visual representations of the sexual abuse of children and
mailing obscene material. He also agreed to forfeit all of his seized
property to the government.
CBLDF Executive Director Charles Brownstein said. Because the set of facts
specific to this case were so unique, we hope that its importance as precedent
will be minimal. However, we must also continue to be prepared for the
possibility that other cases could arise in the future as a result.
Adult retailers who carry manga may now want to examine their stock more
carefully in light of Handley's prosecution, since mere possession of similar
material is considered to be a felony.