Federal Child Pornography Law - California Child Pornography Law

How is Danbooru affected by these Laws?

Seeing as Danbooru is hosted in the US I am not sure how it all works?

The following Laws >>

Federal Child Pornography Law

Federal laws prohibit the distribution of child pornography in interstate commerce and on federal property. The federal child pornography statute, 18 U.S.C. 2256, defines "child pornography" as "any visual depiction" of a minor under 18 years old engaging in "sexually explicit conduct." Sexually explicit conduct, is defined in child pornography as actual or simulated:
"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person"

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California Child Pornography Law

California child pornography laws are included with the state's obscenity laws. See especially California Penal Code § 311.2-311.4 and 311.11; definition in §311.3(b): State law makes it a felony to distribute or exhibit matter depicting a person under the age of 18 years personally engaging in or personally simulating sexual conduct, including (1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. (2) Penetration of the vagina or rectum by any object. (3) Masturbation for the purpose of sexual stimulation of the viewer. (4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (5) Exhibition of the genitals or the pubic or rectal area of any person for the purpose of sexual stimulation of the viewer. (6) Defecation or urination for the purpose of sexual stimulation of the viewer."

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If someone smarter than myself could explain it that would be nice.

Tako-Luka said:
Sexually explicit conduct, is defined in child pornography as actual or simulated:

That comma be damned, "simulated" would seem to cover photoshoops of actual photos, though I don't know how many, if any, such manipulations are on Danbooru servers. As for real-vs-drawn, I don't know.

Danbooru does not and can not give legal advice.

You'll have to make your own decisions as to how you want to interact with the site.

jxh2154 said:
Danbooru does not and can not give legal advice.

You'll have to make your own decisions as to how you want to interact with the site.

I am not after legal advice, simple curious how Danbooru is affected by these laws.

I have no idea, and it probably doesn't matter any more than the million other laws that people get concerned about.

Unless you plan on beating up a homeless person, or molesting a child, or have some reason to expect the FBI to raid your house looking for any piece of incriminating evidence (music, book, games, posters, corpses or sure, fanart) they can find, I wouldn't even waste two seconds thinking about it.

jxh2154 said:
I have no idea, and it probably doesn't matter any more than the million other laws that people get concerned about.

Unless you plan on beating up a homeless person, or molesting a child, or have some reason to expect the FBI to raid your house looking for any piece of incriminating evidence (music, book, games, posters, corpses or sure, fanart) they can find, I wouldn't even waste two seconds thinking about it.

Ohhh Shhiii *hides corpse*

I was always under the impression that Artwork is Artwork and these laws do not include artwork, but recently I have had a heated discussion about this topic and it has made me unsure about what the Laws actually "Encompass", because if it indeed included "Artwork" then Danbooru, being hosted in the US would be targeted by these laws due to the fact that it has images of character that in Original context are under 18 years of age.

*Orihime Inoue* from Japanese Manga/Anime *Bleach* for instance is 15 years old in original context, so.... Seeing as Danbooru hosts images of this character that are Nude/Sexy/Explicit/Sexual, do these laws apply?

I know it's a fictional character, but the arguments I have been having has made me unsure about the whole thing..

Again, I don't worry about it. The whole thing is a gigantic clusterfuck of fearmongering and overreactions.

jxh2154 said:
Again, I don't worry about it. The whole thing is a gigantic clusterfuck of fearmongering and overreactions.

"gigantic clusterfuck of fearmongering and overreactions"

That's a good description..

It's an interesting topic, If anyone else would like to add anything else about this please do.

I'd rather they not, as it's not really on topic for these forums. The forums are specifically for discussing matters internal to danbooru, such as user account problems, tagging questions, functionality requests, etc.

jxh2154 said:
I'd rather they not, as it's not really on topic for these forums. The forums are specifically for discussing matters internal to danbooru, such as user account problems, tagging questions, functionality requests, etc.

It is relevant to Danbooru, But I know what you mean..

Leave it at that then.