Mr.Everwood wrote...
Misaki_Chi wrote...
jww187 wrote...
The issue is that legality is not clear cut. I've read many rulings, wiki's, and post to try and understand this. To say the least, I cannot find it spelled out one way or another.
Below is from the justice.gov website (page 49-51)
http://www.justice.gov/sites/default/files/usao/legacy/2006/12/18/usab5407.pdf
"VI. Conclusion
The successful prosecution of Dwight Whorley demonstrates how innovative employment of obscenity statutes, in conjunction with a thorough computer forensic analysis, can be used to contain a dangerous individual and help ensure the safety of the children in our
communities. Section 1466A allows federal prosecutors to pursue all cases involving visual depictions of minors engaging in sexually explicit conduct regardless of how those visual depictions were produced. Accordingly, not only should federal prosecutors use the statute to prosecute cases involving cartoons, as in Dwight Whorley's case, but they should also consider using the statute to prosecute cases that may be difficult to
prosecute under 18 U.S.C. §§ 2252 and 2252A, for example, where it may be difficult to establish that the children depicted in the images are real."
Other opinions:
http://www.avvo.com/legal-answers/is-lolicon-illegal-in-california--1709408.html
Basically fictious works are not the same as real works. Also people don't seem to understand that loli/shota is not directly related to the age rather the appearence and certain characteristics associated with it. There are a lot of anime/manga characters termed as "lolis" that are much older then they "appear".
The reason this is such a grey zone is two reasons, one this is fiction and two there is no correlation that such material is related to what people fear it relates to pedophilia. Just because people like loli based works doesn't mean they like anything past the fictious 2D shit. Also in most court cases involving any form of loli the charges were either dropped or they were arrested for precious misdemeanors actual illegal crimes such as real child porn.
Now if you have a work where a person looks much older then their age (they look like they are in their 30s yet they are stated explicitly to be under 12 years of age) would them engaging in risqué situations be considered wrong? Just a hypothetical question, but I make the point that again this is fiction.
There is this one thing I've been thinking about when it comes to this:
Is it accurate to say that one of the purposes of porn is to invite you into a
world of sexual taboos (sort of speak)? In real life we are held back by morals and taboos that prevent us from exploring certain types of sexual desires. But in porn (and especially in drawn porn) those boundaries are shattered and you are allowed to venture into these taboos and discover sexual desires that you may not even know you have. Or perhaps more loosely defined: you are presented with a sexual scenario that normally wouldn't happen or be permitted, and you either derive pleasure from it or you don't.
This could be anything really. Anything from having sex with the most beautiful human in the world, having sex in public, having sex with an alien creature, being a masochist, etc. So with loli/shota is the fantasy then to have sex with a child? If so then what exactly is the pleasure derived from it?
NOTE: I'm not saying this to suggest that reading lolicon/shotacon makes you a pedophile! I enjoy some of that stuff too, I'm just curious why so many people love it so much despite the controversy.
It's fictional pure and simple. I have anime characters I like and to me they are not real. I grew up liking more petite and moe characters, just like I love the sexy older lady types and the yandere girls, the tsundere, the tomboy, etc. just because you can enjoy loli type characters doesn't mean that is all you enjoy as a weeb. I don't read loli just go see a young kid get fucked, most of the time it is the art and story I am enjoying. I know age difference couples is fun for me to read about so teacher and student is great.
Anyways, yes a person that is sexually attracted to children irl could read this material, but not everyone enjoys reading loli with that in mind. Just like people that read tentacle rape want to fuck squids, or people reading incest want to fuck their sibling. It's not normal sex in all cases, but not everyone who reads these types of bizzare works read them because their a sexual deviant that wants to do something taboo. They just don't mind it being odd and enjoy the story, art, sec scenes, etc.
The people that take such things to an unhealthy level are ones that have had issues prior to any form of compulsive indulgence in their poison of whatever it is they are into. A person that is into raping did not just pick up a book and decide this was what he wanted to do, same with a pedophile. They may enjoy things related to their obsession, but the work did not create the desire.
Also take this from a person that has actually had sex. Not everything you read is what you will enjoy doing. When I say I have a fetish for certain things in hentai, I know for myself it's more about what I enjoy reading. What I actually enjoy irl does not reflect all of my reading tastes. I like tan lines but don't irl, like loli but don't like kids in that way irl. I like older men with younger women because I like dating older, like S&M because I do find that more fun irl.
I always tell people until you try something out (within reason, as I said things that are illegal that you have a compulsion to do is crossing lines), it's not a true fetish. Can still call it that because you're fascinated with it to an extent, but the real fetishes/interests see the ones you enjoy in your personal life. I've known people that said they like feet or doing anal, but till they actually did the deed they sometimes decided it wasn't really for them, they built it up in their minds.