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Kasz216 on 18 November 2010
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Mr Khan said:
noname2200 said:
Mr Khan said:

Virtual porn depicting virtual minors, not virtual porn altogether. I'm pretty sure that falls under child pornography laws in general, though obviously isn't nearly as strictly enforced

I should have been more specific.  Virtual porn, even that depicting minors, is not illegal per se  in the US unless the porn violates the Miller Test, which is difficult to do.  This issue was "settled" in the 2002 Supreme Court case Ashcroft v. Free Speech Coalition.

huh. Now that i was unaware of, thanks.

EDIT: actually helps me quite a bit, because of this paper i have written for work where i (apparently) incorrectly attested to the illegality of these materials in the United States

 

but then why did this guy get arrested?

Actually, Noname is right... but possible wrong.

Wikipedia I know

In response to Ashcroft v. Free Speech Coalition, Congress passed the PROTECT Act of 2003 (also dubbed the Amber Alert Law) and it was signed into law on April 30, 2003 by then president George W. Bush.[32] The law enacted 18 U.S.C. § 1466A, which criminalizes material that has "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting", that "depicts a minor engaging in sexually explicit conduct and is "obscene" or "depicts an image that is, or appears to be, of a minor engaging in ... sexual intercourse ... and lacks serious literary, artistic, political, or scientific value".


Also, this guy was arrested because he had real child porn.  He erased it though, and they used this as a way to get him and plea him out to a lesser charge for a case that could of gone either way.