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In the United States, the PROTECT Act of 2003 made significant changes to the law regarding virtual child pornography. [3] [4] [5] Any realistic appearing computer generated depiction that is indistinguishable from a depiction of an actual minor in sexual situations or engaging in sexual acts is illegal under 18 U.S.C. § 2252A. [6]
Virtual child pornography is punished with up to a third of the sanctions for real-life child pornography. Virtual images include images, or parts of images, produced and modified with software from actual photos of minors, where the quality makes it so that fake situations are manipulated to appear realistic. [31]
However, the U.S. Supreme Court ruled that "virtual child pornography" was constitutionally protected speech, unless meeting the criteria of obscenity. [12] [13] The age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
"By banning non-obscene virtual depictions of child sexuality without reference to their social value, we exceed the First Amendment's crucial dictates and jeopardize these works, including ...
The first conviction of a person found to have violated the sections of the act relating to virtual child pornography was Dwight Whorley of Virginia, who used computers at the Virginia Employment Commission to download "Japanese anime style cartoons of children engaged in explicit sexual conduct with adults" [29] alleged to depict "children ...
The Child Pornography Prevention Act of 1996 (CPPA) was a United States federal law to restrict child pornography on the internet, including virtual child pornography. Before 1996, Congress defined child pornography with reference to the Ferber standard. In New York v.
Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), is a U.S. Supreme Court case that struck down two overbroad provisions of the Child Pornography Prevention Act of 1996 because they abridged "the freedom to engage in a substantial amount of lawful speech". [2]
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