[水+火星？] 美国新法律禁止共享loli相关物？？ -v-bb

The United States Supreme Court decided in 2002, and affirmed in 2004, that previous American prohibition of simulated child pornography under the Child Pornography Prevention Act of 1996 was unconstitutional.[7] The majority ruling stated that "the CPPA prohibits speech that records no crime and creates no victims by its production. Virtual child pornography is not 'intrinsically related' to the sexual abuse of children."

The PROTECT Act of 2003 (also dubbed the Amber Alert Law)[8], which was signed into law by President George W. Bush on 30 April 2003, also criminalizes simulated child pornography. In December 2005, Dwight Whorley was convicted under this law [9] for receiving both "…obscene Japanese anime cartoons that graphically depicted prepubesecent female children being forced to engage in genital-genital and oral-genital intercourse with adult males." and "…digital photographs of actual children engaging in sexually explicit conduct." [10][11]Neither Whorley's, nor any other conviction under this law has been reviewed by the Supreme Court as of yet.

Title V - Obscenity and Pornography
Subtitle A - Child Obscenity and Pornography Prevention
Section 502, page 77, paragraph 11, lines 3-10 of the PROTECT Act of 2003, it states that "(11) the term 'indistinguishable' used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures or paintings depicting minors or adults."

The fact that Loli or Lolicon art are drawings indicates that Loli or Lolicon art does not apply to this definition of 'indistinguishable'.

“child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

“identifiable minor”—
(A) means a person—
(I) who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(B) shall not be construed to require proof of the actual identity of the identifiable minor.

Lolicon art or Loli does not directly use minors so it is another exemption.