Christopher Handley Sentenced
Mr. Christopher Handley, the 39 year-old Iowa resident who plead guilty in May 2009 to charges of possession of obscene material and mailing obscene material, has been sentenced to serve six months in prison followed by three years of supervised release and five years of concurrent probation. Mr. Handley will also have to participate in mental health treatment program during his supervised release, intended to diagnose and treat sexual/gender identity and/or other mental health issues.
The material possessed by Mr. Handley which was ruled obscene by the Iowa Southern District court included over 80 Japanese manga. The offending material contained depictions of children engaged in sexual activity, sexual abuse of minors, and bestiality. However, Mr. Handley was not charged with any counts of sex crimes or child pornography. Mr. Handley will not be registered as a sex offender.
This is an unfortunate blow to the freedom of creative expression, but this case involves only charges of legal obscenity, not charges of child pornography. Legal obscenity is defined as any material that, within the relevant community, appeals predominantly to ‘prurient’ interest, depicts or describes sexual conduct in an offensive way, and lacks serious literary, artistic, political or scientific value. In effect, exactly what constitutes “legal obscenity” varies by community within the United States.
Source: Anime News Network
Related Posts
About The Author
john
Add a Comment
You must be logged in to post a comment.
Ugh, that’s terrible for Handley, but I’m sure his original and revised pleas reduced the blow substantially in the end… which boggles the mind, in some respects.
No one should be forced to undergo counseling and mental health programming for reading comic books, that’s just plain ridiculous.
I wholly disagree with that statement and believe this will be the first of many, especially with the explosion in anime child porn (I am aware he was not charged with such, but that does not change the fact that the stuff is, especially in the age of “catering to the Japanese otaku interest”, expanding over there.) over the course of the last several years (several titles of which covered in this very blog).
I am now pretty much ashamed to be an anime fan, between the conduct, the content, and the privacy — and I hope this might open some eyes as to the nature of some of the stuff coming out of Japan, perhaps leading to more controls as to what content actually makes it over here.
“Freedom of Speech†is meant to protect the people and things “you†(the individual) DISAGREE with, not protect things that you and everyone else see nothing controversial about. It is set up to allow people the right to non-violently (Real child pornography would be actual violence) say and enjoy WHATEVER they want to.
Saying that this man cannot enjoy someone else’s drawing (100% IRRELIVANT of what they are) is the same as saying certain books or religions should be punishable by law.
Congratulations on the heinous and embarrassing hypocrisy America. (And anyone who thinks the banning of “ideas†is somehow justified)
Re: Starcade
Lovely. We’re back to this old saw again. Maybe it’s just me, but I’ve noticed the only times you ever comment is to stand on your self-righteous soapbox to slam lolicon and its offshoots.
You don’t like lolicon. WE GET IT. But lolicon itself is not illegal, and I think there are worse things coming from Japan than that. But you keep forgetting the main thing is child porn hurts children and lolicon doesn’t, hence the reason one is illegal and the other isn’t. Some vices are legal (cigarettes & alcohol, for example) and some aren’t (drugs & prostitution), but just because you don’t agree with some of the legal vices doesn’t mean you should outright condemn anyone who enjoys them w/o hurting anyone else. I’m sure you are a fan of some things I really can’t stand, but it’s your legal right to enjoy what you do so I’m not going to make a big fuss over it.
If you are as big of an anime fan as your posts claim you are, why don’t you start posting comments that don’t involve decrying the existence of lolicon? That way we’d be more convinced you are actually a fan who cares about this industry as a whole rather than someone who starts brushfires and witchhunts at any drop of the “lolicon” hat.
HTAnimations:
If you believe that the “rights” “granted” to you by the US Constitution are still The Law of the Land, you have a lot to learn about 21st-century America.
You really, really do.
Most people in this country basically understand that they are, at best, guidelines, and, at worst, they no longer realistically apply.
joechummer:
If lolicon is not illegal now, it should be. Given the Handley sentence and a recent court ruling of the 11th Circuit stating that the _receiving jurisidiction_ of any Internet or mailed material can determine whether that material is “obscene”, “pornographic”, etc., perhaps we will finally get a serious look at some of the material which is even worse than that, as you state exists yourself.
The fact is that it’s not just lolicon — this represents (by Japan’s marketing it to the anime community as foreign markets continue to disintegrate as “otaku-based marketing”) the direction the otaku culture is going.
I used to be a big anime fan, and between the content, the conduct, and the piracy, I’m not as much anymore. The types of anime that I used to enjoy have been priced out of the Japanese market.
I will not get into a blog squabble, so this will be my last post simply responding to what was said:
I actually agree with you that the constitution is being used only as a guideline and not actually being upheld. (This ruling is a perfect example of that) But don`t you think that’s a crying shame???
Not only for that reason but certainly including it, I`ve moved to Japan. (So perhaps I shouldn`t even care about this US lawsuit anymore) But I do care about it very much … because I`m an artist (I`ve worked on Superjail and other actual series, so don`t think I`m some hyper-amateur who`s self-proclaiming to be an artist but actually isn`t) and the simple thought of having ANY restrictions what-so-ever on what I can draw is enough to nauseate me. (Yes, even if that includes drawing nude/raped/murdered children. “artistic value†etc is an outrageous concept to even put into a law, because that value changes with every person. Its called an “opinionâ€)
Re: Starcade
When you say lolicon “SHOULD” be illegal, that tells me exactly where you stand on 1st amendment rights: You think the Bill of Rights should be shredded and stupid Americans who can’t make good decisions for themselves should be scrutinized to the nth degree by Big Brother. Some of us make poor choices, but that’s the great thing about this country. So long as we don’t hurt someone else, we have the freedom to MAKE those poor choices.
But as I said, if you’re not so much an anime fan anymore, why do you even bother reading this blog except to start trouble when it comes to your “Down with Lolicon!” rants? Considering the vast majority of anime fans are all for allowing freedom of art and expression, your arguments here are about as effective as a lone Fundamentalist shouting about fire-and-brimstone at an atheists’ convention.
starcade: Ok, so why should lolicon be illegal, but what Alan Moore drew is fine?
GATS: I’m not 100% clear on the question, simply put because I don’t know who Alan Moore is and what he draws… Please do not assume that I approve of his work.
joechummer: I think you have to understand reality: The Bill of Rights, end of the day, means NOTHING. You may think it does, because the government hasn’t put a camera into your room yet to watch you, but the fact is that (and, at least IMODO, because of exactly the stupidity of which you speak) there need to be limits on what is out there.
I think there are far too many stupid people who, by making those decisions, HAVE hurt others, even if such was not their intent. Take anime, for example, and see what the stupid decisions of the vast majority of people who call themselves “anime fans” have done to the industry and to the art form as a whole.
The more I look at anime fans and fandom, the more I equate “freedom” with “anarchy”.
Starcade: Apparently we have completely differing views on the anime industry. As far as I am concerned, the only negative thing anime fans have “done to the industry and the art form as a whole” is proliferate file sharing of anime titles rather than spending money on them, which is doing more damage to the industry than ANY of the worst things coming out of Japan right now. Stuff like lolicon, guro, and some of the other things I’m sure you don’t like — THESE ARE NICHE GENRES. I’m certain the average, run-of-the-mill anime/manga fan isn’t even AWARE they exist. I’ve been an anime fan for nigh on 15 years, and I just learned about lolicon and guro about a year ago. Go to an anime convention and ask fans of, say, Bleach or One Piece if they know what guro is, and I’d bet you not even half of them would know what you are talking about. You speak about these sorts of things as though they are out in the public awareness, and they’re not. They’re like that one tiny shelf of fetish porn mags in a porn shop completely filled with normal stuff: you’re only going to notice it if you’re really looking for it.
So cut it out with sob stories about the sad state of the anime industry. If you truly wanted to save it, you’d be out there stumping about the dangers of file sharing rather than having a coronary about one very small, minuscule fraction of the Japanese entertainment industry you don’t agree with. I guarantee you that if something kills the industry, it will be file sharing and apathy, not lolicon or any of its darker cousins.
P.S. Alan Moore wrote the graphic novels Watchmen, From Hell, V for Vendetta, (all of which were made into movies) and many, many others. He also wrote a 3-volume erotica series entitled Lost Girls, which his wife painted the art for. The series caused some controversy due to its depiction of minors (16-ish) in sexual situations. However, since it passed the Miller Test for obscenity, it is perfectly legal except in certain countries that prohibit images of nude children in sexual contexts, regardless of whether they are drawn or painted.
Under ordinary circumstances, Handley would have been immune from prosecution. The only reason these charges were even possible was the fact that the comics were shipped across state lines. It’s incredible that mailing pictures, which are legal to own, can land someone in prison.
@starcade:
“The Bill of Rights, end of the day, means NOTHING.”
“The more I look at anime fans and fandom, the more I equate “freedom†with “anarchyâ€.”
I pity you. You have made a conscious decision to NOT like anime and to deny yourself and others freedoms guaranteed under the law. Your tolerance for other human beings is sadly lacking.
@starcade
I would have to agree with most of the others have said I’ve been an avid anime fan for about 10+ years now. I know what lolicon is, but its not something I, myself, have ever been a big fan of. If you feel that lolicon is the only way the anime industry is going, you need your eyes opened. I buy and watch anime every month and have yet to run into a lolicon one, it may seem big but it is still just a niche genre, say compared to a mainstream genre of mecha. With all your statements it would seem you would want every artist who’s drawn anything to your opinion “obscene” to be arrested. Good luck with that one…It’s people who think like you, why we have lost our rights in the first place.
sad cuz Handley didn’t even put up a legal fight.
seanny: He could alway appeal.
My question about these cases where someone owns manga depicting pornographic material is: What if the person himself created his own manga with the same kind of subject matter but never published it? Would that still be illegal?
Also, what if you have a manga that has a young character having sex with an older character, then in later chapters that young character reveals that he/she is in fact older than people thought? Would that still be child pornography?
Or let’s say you have a manga of stick figures depicting child porn or bestiality?
My point is that the laws regarding art — right or wrong — seem to be pretty arbitrary. Especially because art and the meaning behind the art — even if it’s pornographic — can be just as arbitrary.
Joechummer: The problem with saying that the pirates are the sole thing the fans have done wrong, and that having nothing to do with the rise of what I call “ero-moe”, as it were:
If the piracy was not the sole entry point for most anime fans these days, anime like this would not become the prominent types of anime in Japan — because Japan would not be making anime simply for the “otaku” audience, and completely discarding the types of quality anime which might make people actually want to watch it.
Instead, we are now stuck with “pantsu” pedophilia and shows which appear to stick every little pre-teen girl they can with every panty and lingerie-shot that will get otaku off.
I find that, flatly, disgusting! It’s illegal, to boot!
That’s why I can’t say that this decision is a bad one, as it might force people to finally take a look at otaku culture and see if it’s really all the positive it’s cracked up to be, or if it’s like giving people license to do whatever they like without (that much) consequence (like the con I attended about 18 months ago where two voice actresses were sexually assaulted and a third was threatened with same!).
It’s not _just_ anti-lolicon — that’s a symptom of a larger problem: a fandom COMPLETELY OUT OF CONTROL — believing they are the sole arbiters of such control.
The thing is, the run-of-the-mill fan, if they want to be “current” (which see this blog for a good example), is now seeing this because it’s one of the few money-making (for Japan) genres left.
Oh, and I think you need to read more: I’ve been banned from more fora than anyone on this blog for the precise reason that I absolutely will not shut up about stumping against the evils of file sharing and the scum the fanbase has become for making it the main point of entry.
kampfer: I’m done being tolerant of a fandom which has basically shat on the industry, or a country which has basically shat on anyone not like “them”…
Save your pity. “Freedoms” like the ones you assert will be the end of anime, and most other forms of entertainment which cannot be done on a local (and especially low-budget) scale.
@ Bob:
Other court rulings have already said that drawings (regardless of what they depict) that are produced within a person’s home and remain within that person’s home cannot be prosecuted, unless they are somehow signs of a conspiracy to commit a crime (schematic a plans to bomb a building, assassinate someone, etc.). It constitutes an invasion of privacy and involves no controlled substances (drugs) or materials (weapons, explosives, etc.). The only reason the judge would even allow this case go to trial was because the items were discovered by the post master, a federal official who is allowed to inspect mail to check for illegally mailed items, and the package was mailed across state lines. These factors allow the evidence to be admissible in court and the federal prosecutor is allowed to prosecute the accused (interstate commerce).
@starcade:
“I’m done being tolerant of . . . a country which has basically shat on anyone not like ‘them.'”
You are a hypocrite. I’m not like you. I have different tastes and opinions. I don’t believe that other people should go to prison for viewing/creating works that I don’t like or approve of. You seem to believe that someone who enjoys something you find offensive belongs in prison. I disagree. Neither Christopher Handley, who you disagree with, nor you, who I (and many other posters on this topic), should go to prison for their tastes or objections. The fact that I can watch anime that you object to (I’m assuming anyway since you have only said that you find contemporary anime offensive in general) without going to prison is a freedom. By the same token, the fact that you can say on an open forum that people should find such material offensive without going to prison is also a freedom.
Your narrow-mindedness prevents you from even understanding the impact of your own assertions. Good luck surviving in a world where the soul-crushing burden of people disagreeing with you is constantly upon you.
@starcade
First off, “pantsu” is NOT illegal. It is in poor taste as far as adults are concerned, yes, but not illegal. If it was illegal, there’s no way in hell it would make the Japanese airwaves.
Secondly, you forget that the target demographic for most shows featuring “pantsu” are young boys who are roughly the same age as the characters in the show. I mean, when I was twelve, I and most guys my age I knew would’ve given our left nut for a pantsu shot in anime, and when a twelve year old likes another twelve year old, that’s not creepy; that’s NORMAL. I’m sure when you were twelve, you would’ve sneaked a peek into the girls’ locker room if you could’ve gotten away with it.
But on the other hand, there’s nothing keeping adults from watching “kids” shows (or vice versa, if parents aren’t aware of what their kids are watching). I know a ton of people who love Pokemon, for instance. The average adult who encounters a pantsu shot in an anime series would simply stop watching (because they disagree with it), find it benign (“Kids will be kids”), or simply find it funny (most pantsu shots I’ve ever come across are in the slapstick or comedic vein).
All things considered, pantsu is more benign than anything (meaning they’re intended more for a laugh rather than to elicit lust), and I have yet to see any anime series that goes any further than that. I recall people making a big deal about Kodomo no Jikan, but other than the subject matter, there’s really not much that is visually objectionable.
And once again, I would like to point out: Studies have shown the existence of pornographic material available in Japan (which includes lolicon) over the past 30–40 years has greatly reduced the occurrence of assaults against girls under the age of 13. You may not like or even agree with the existence or philosophy of lolicon, but it’s actually keeping more girls safe than if it wasn’t around (case in point: one of the mottos of the bigger Japanese lolicon communities is “Look, but NEVER touch”). By you arguing that lolicon shouldn’t exist, you’re essentially condemning girls to being assaulted, on the event some law got passed that would get rid of it all.
Think of it this way: I’m not a fan of either guro or maiming or murder (guro literally made me cry the first time I encountered it — not from the gore but because of the wanton disregard and cheapness for human life that is depicted), but I’d rather a serial killer or someone with a bloodthirsty appetite get off on guro than go around actually killing or maiming people.
kampfer: The very fact that there is this material which advocates the sexual exploitation of pre-teens and young teens not of the age of consent is enough — whether or not I agree with it is irrelevant to the fact that it is illegal to have that material in this country.
I’ve believed, now, for some time that the only reason the anime culture is allowed to continue unfettered is that the police don’t know a lot of the garbage out there and haven’t researched it.
I find it literally disgusting that entire genres of anime seem to cater to a bunch of otaku who need to get off on little girls in panties. Makes me recall what happened to Jon-Benet Ramsey.
Actually, I disagree with one of your central theses on top of it: A person’s tastes should have them arrested if it is clear that those tastes are illegal, dangerous, and/or threatening. Period.
And, as for your last comment:
“By the same token, the fact that you can say on an open forum that people should find such material offensive without going to prison is also a freedom.”
No it’s not. They could jail me tomorrow for that if they wanted to. You don’t get that.
joechummer:
It’s not illegal _over there_, but, especially with the recent Circuit Court ruling in Florida, pantsu is DEFINITELY illegal over here.
Just because it’s legal in Japan doesn’t make it legal here, else you’d really be throwing out most every law on the books over here.
As far as your comment about lolicon’s parallels to non-violence:
1) I need a source.
2) That’d never be the case over here.
and 3) I would say that many women are already “condemned” to being assaulted because of the culture which accepts a lot of these train gropers and the like.
Ugh, I hate stepping into the minefield that is this discussion, but here goes.
Starcade: I’m not going to make an assumation here since I’m positive anyone from any faith would have a replused knee-jerk reaction to lolicon, but do you happen to be Christian? If you look into the Bible (not the Sunday school version, but the stuff in between), you’ll find a lot more objectional matter in there than in most anime. Taken outside of context, the Bible is a pretty brutal book.
That said, I’m not calling for a Bible burning because I don’t agree with its contents or that I don’t buy into it being a divine work. I just avoid hanging out in churches and only deal with it on my own terms.
Under the logic that the Constitution and Bill of Rights is but toilet paper with ink splotches, we’d have to burn most relgiious and a good number of non-religious texts, classic artwork, untold reels of film, countless albums, and just about any other offensive bit of material. The reason we don’t do this is because we have those rights in place, and we can’t start cherry-picking our way through the matter. It’s really all or nothing.
In reality, all it takes is some self-righteous power-that-be to getting their rocks off by slinging their moral manure at a dissenting opinion to cause trouble. The fact most people can’t truly tell the difference between fantasy and relatity is why drawings on paper suddenly have all of this power. Suddenly, we have the Thought Police cleaning their rifles, ready for action. Basically, if you can make a big enough stink about it, it doesn’t matter if it’s illegal or not: they will get you.
Long time anime fans have been fighting this battle for years. Anime has either been condemned and consored for being too objectional, or has had its objectional points turned into bullet points for a sales pitch. Anime is anime; if you don’t like it, no one is going to force it on you. Just leave it be and move on to something you do like.
I do have to comment on the otaku lifestyle. The otaku lifestyle (the real one, not the whiny fans here) is most certainly not positive in the eyes of society at large. Even American “otaku” would think something is wrong with Japanese otaku. Being a true otaku requires a kind of feverish obcession and disregard for society that the broken attention spans of many American anime fans could not hope to support.
From a dollar and cents standpoint, piracy and apathy are the greater dangers. If the American anime industry isn’t selling, they stop functioning. To compound the problem, if they sell something no one wants, they’ll go under just as fast. You won’t see a lot of lolicon or guro officially released here because it wouldn’t sell as much as more mainstream affair and the potential backlash simply isn’t worth it.
In Japan, it’s a different story. With a different set of values, it’s downright arrogant to condemn them with American values because THEY AREN’T AMERICAN. It’s not really honest to say the anime industry as a whole will fail because the Japanese aren’t releasing stuff Americans like. It’s theortically possible there could be a day Japan releases only anime that isn’t marketable here and our industry could collapse. But if they Japanese are buying, that’s what’s important to anime companies. It’s not to say they want to lose out on American revenue, but it’s probably not going to break them completely.
Won’t happen, though, because there will always be anime that appeals to certain people. If Japan stops making anime you like, then you’ll have to make the decision to stop watching it yourself. Just don’t pass judgements on the Japanese and the sorts of things individual fans import here on their own. I believe John once said anime is a privledge, not a right. As Americans, we should be grateful to have it at all, since it’s not made for us. Of course, under our Consisitution, it is our right to watch anime that we can legally aquire (I mean legal copies, not content).
Take that for what it’s worth. I want to seal myself away from society and be a true otaku when crap like this goes down, so I might not be the best source for rational opinion.