Are Lolis in Eroge illegal in the US?

[phersu]

Well, are they? I can't really seem to find an answer. I'm just worried since I have two eroge with loli characters, Maji Koi and Grisaia. Grisaia is being published, with 18+ material, in America by Denpasoft in partnership with Sekai Project, an American company. Neither specify the ages. So....is it legal? Illegal?

[Nosebleed]

Wether they're illegal or not is a case by case thing in the US.

Basically if the work in question passes the Miller Test for obscenity, then it's "illegal".

If you're caught with loli porn, one judge may rule it obscene, another might not, it's a completely grey area and totally biased.

There's also specific laws for this kind of stuff in each state so there's no global US porn law you can apply, it would depend on the state you're in.

[sanahtlig]

Here's a hint: If a US company with US employees is distributing the game, and you're a US resident, you're likely completely safe.  They're a much bigger target than you are.  If you're Canadian, Australian, or British... learn to love downloadable versions, or find a less oppressive regime to live under.  Like Russia.

 

[Eclipsed]

To be 100% completely safe, contact your nearest local lawyer for an inquiry regarding this matter 

[sanahtlig]

To be 100% completely safe, contact your nearest local lawyer for an inquiry regarding this matter 

Someone already tried that.  It wasn't helpful.

[Zalor]

Someone already tried that.  It wasn't helpful.

 

That's hilarious. Even lawyers can't help with the problems we face in this obscure hobby! xD

[Eclipsed]

b-b-b-ut those are switzerblade lawmans not US awesome possum lawyers

~~
you should be safe~

[phersu]

b-b-b-ut those are switzerblade lawmans not US awesome possum lawyers

~~

you should be safe~

Should be, eh? Best get rid of them to be safe, I suppose.

[sanahtlig]

Mangagamer (a US-based company) is releasing titles like this:

 

 

I think you're fine.

[phersu]

Mangagamer (a US-based company) is releasing titles like this:

 

 

I think you're fine.

I thought I read somewhere mangagamer wasn't based in US?

[phersu]

Yeah, if anything, the states that have laws against cartoon porn containing minors would go after MangaGamer, and they'd be moronic if they didn't cover all the bases before paying money to license something that could get them all arrested and labeled as sex offenders.

 

Still, though, I'd recommend reading your state's penal code anyway.

Here's California's laws on porn.  There is no mention of cartoon porn with minors, so it's presumably legal.

 

Here's Utah's.  It explicitly includes this bit:

I'm not in Utah. I looked up mine. It says they have to be 16, but the characters don't specify age. So...I'm good to go.

[sanahtlig]

I thought I read somewhere mangagamer wasn't based in US?

Mangagamer has servers in the US.  They also have US employees, ship hard copies to US citizens, and they sell their titles at US conventions.

 

 

Here's California's laws on porn.  There is no mention of cartoon porn with minors, so it's presumably legal.

That's not entirely true.

[Nosebleed]

I'm not in Utah. I looked up mine. It says they have to be 16, but the characters don't specify age. So...I'm good to go.

Keep in mind if you're importing from Japan, you're still subject to obscenity laws, regardless of wether or not the characters are loli. i.e if it's a rape game.

All obscene material can not be shipped, this is pretty much a global law and is mentioned in most terms of use of any mailing service, and if they decide to search your package for whatever reason, you can be in trouble still.

But yeah if you're buying from US based companies, you should be fine.

[sanahtlig]

I'm not in Utah. I looked up mine. It says they have to be 16, but the characters don't specify age. So...I'm good to go.

That's not how the law works, unfortunately.  It's a lot more complex than that.

[sanahtlig]

I dug into the California Penal Code while I was writing that up.

 

Here is the relevant section:

 

 

311.2. (a) Every person who knowingly sends or causes to be sent,

or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, or prints, with intent to distribute or to exhibit to
others, or who offers to distribute, distributes, or exhibits to
others, any obscene matter is for a first offense, guilty of a
misdemeanor. If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).

 

Not to mention you could be charged under the US Protect Act for interstate commerce involving obscene materials depicting minors in ANY state, assuming a package was shipped across state borders or data was transferred over the Internet.

 

By the way, "obscene" is legal speak for Your rights end where my feelings begin.

[sanahtlig]

Obscenity law was conceived as a catch-all to keep unsavory subcultures underground and out of sight.  I don't begrudge that aspect of it; the problem I have is when such laws infringe on the right to enjoy offensive materials in the privacy of one's home.  I'm not demanding the right to do this;

 

 

I just want to play loli games in my home without fear of molestation.

[Funyarinpa]

Oh, how hard the life of the loli fan in the US is.

 

Seriously though, people who like that get satisfied, nobody is harmed, the state can make money off of it via taxes, why not?

[Decay]

Serious question: How many people in the US have been convicted for having lolicon hentai? 

[nohman]

Serious question: How many people in the US have been convicted for having lolicon hentai? 

 

I don't have any sources so obviously don't take this as much, but I remember reading relatively recently that 5 people had been arrested for drawn images since the Defense of Children Act and that 4 of them had been convicted. I don't know how many have been solely from lolicon hentai alone though.

[Nosebleed]

I don't have any sources so obviously don't take this as much, but I remember reading relatively recently that 5 people had been arrested for drawn images since the Defense of Children Act and that 4 of them had been convicted. I don't know how many have been solely from lolicon hentai alone though.

That moment when drawn characters have more righta and protection than you do.

[sanahtlig]

Serious question: How many people in the US have been convicted for having lolicon hentai? 

Last I checked, zero, if you don't count previously convicted sex offenders or those being charged concurrently for possession of real child pornography (e.g., Dwight Whorley).

 

Legal status of cartoon pornography depicting minors (US)

 

As you can see from the responses above me, you should demand sources before coming to conclusions in weighty and obscure topics such as this.  Hearsay just isn't acceptable when people's freedom is at stake.

[XReaper]

quote: raptor fb:
Additionally, please note that MangaGamer is owned and operated in a Japanese jurisdiction and cannot offer you any legal advice regarding their games in your country. Please consult a lawyer in your region if necessary.


 

[sanahtlig]

Technically, we at MangaGamer are a Japanese company doing business internationally. We take care and assume responsibility for ensuring that our releases comply to US Legal Standards. We do not assume responsibility for other regions, which is also why we always advise importers to check their local laws before purchase. We have no intentions of changing this policy at present.

Kouryuu, Mangagamer marketing manager and head translator, March 2015

 

Kouryuu is Mangagamer's official spokesperson.  RaptorFB isn't.  I've requested that RaptorFB redact the above quote to avoid further confusion.

[douggle]

I don't think its going to be a problem just purchasing a title with loli in it,  as MG says they make sure their content is up to par with US Legal standards. Also if loli really was thing they were gonna prosecute that aggresively people would have had issues with titles like Saya no Uta. or Littlewitch Romanesque and so on and so forth

[Erogamer]

Now here's a good question. When a game is imported, would they search it at the state it entered the country or your own state? If at the entry, would the officials go by YOUR states laws or the laws of the state it entered?