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Manga obscenity trial comes to an end
Back in November, I commented (here) on the case of "United States vs. Christopher Handley". Last week that case came to a close when Mr. Handley accepted a plea bargain. Sentencing is still to come. Mr. Handley could face up to 15 years in jail for ordering comic books from Japan, a few of which contained graphic depictions of sex with characters of ambiguous age. Mr. Handley has a vast collection of Manga (comics in the Japanese style). Investigators found absolutely no child pornography in his collection or on his computer.
It absolutely amazes me that a person could face 15 years in prison and a lifetime of being labeled a child sex offender for purchasing comic books with cartoon drawings in them - drawings that in no way depict real human beings.
Mr. Handley was prosecuted under the "Protect Act", which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” This law puts the decision onto the jury to determine if the material would be obscene under "local community standards". Mr. Handley's attorney recommended he take the plea bargain because he felt it likely that the jury would find the cartoon images offensive.
The "Protect Act" was intended to protect children from abuse and exploitation. No one has been able to make any arguments that demonstrate how the prosecution of Mr. Handley serves that purpose.
Wired has a good summary of the outcome, including a .pdf of the plea bargain, here.