ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Niches Blogs -> GamePolitics.com

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Niches

: GamePolitics.com

Is Possessing RapeLay a Federal Crime in the United States?

By gamepolitics

ADVERTISEMENTS

Much has been written about RapeLay since the controversial Hentai game was discovered for sale on Amazon a few months back.

But while the debate thus far has largely centered around whether Japan, where RapeLay and most similar titles originate, should allow games featuring sexual violence to be published, a recent court ruling suggests that U.S. citizens who possess RapeLay and games of its ilk may be guilty of a federal offense.

Wired's Threat Level blog reports that on Monday the 4th U.S. Circuit Court of Appeals refused to consider the appeal of Dwight Whorley, a Virginia man who was convicted in U.S. District Court of possessing actual kiddie porn. But, under what is known as the 2003 Protect Act, prosecutors also charged Whorley with possessing manga which depicted minors having explicit sex. From the relevant section of the Protect Act:

Any person who... knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—

 

(1) (A) depicts a minor engaging in sexually explicit conduct; and

(B) is obscene; or

(2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and

(B) lacks serious literary, artistic, political, or scientific value... shall be subject to the penalties provided...

(c) Nonrequired Element of Offense.— It is not a required element of any offense under this section that the minor depicted actually exist.

Threat Level also cites a similar conviction against Christopher Handley, a comic book collector who imported sexually explicit manga containing illustrations of child sex abuse and bestiality. Unlike Whorley, Handley possessed no actual child pornography.

So how does this connect to the RapeLay situation? A [NSFW] review of the game posted on Something Awful describes graphic, forced sex with a mother and her two minor daughters, the youngest of whom appears to be about ten years old. Save for the fact that it's interactive, RapeLay is not much different from the type of hardcore manga which earned federal time for Whorley and Handley.

We should note that a single judge on the 4th Circuit dissented from the opinion upholding Whorley's conviction and urged that the case be sent to the U.S. Supreme Court. But for now, at least, owning a copy of RapeLay seems like a risky legal proposition, indeed.

Full post as published by GamePolitics.com on June 19, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/07/26 07:09:41)