Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.
Types
Types of this form of pornography include: Modified photographs of real children Fully computer-generated imagery Adults made to look like children Drawings or animations that depict sexual acts involving minors but are not intended to look like photographs may also be considered by some to be simulated.
Virtual child pornography
In the United Kingdom, the Coroners and Justice Act of April 2009 (c. 2) created a new offence in England, Wales, and Northern Ireland of possession of a prohibited image of a minor. This act makes cartoon/virtual pornography depicting minors illegal in England, Wales, and Northern Ireland. Since Scotland has its own legal system, the Coroners and Justice Act does not apply. This act did not replace the 1978 act, extended in 1994, since that covered "pseudo-photographs"—images that appear to be photographs. In 2008 it was further extended to cover tracings and other works derived from photographs or pseudo-photographs. A prohibited cartoon/virtual image is one which involves a minor in situations which are pornographic and "grossly offensive, disgusting or otherwise of an obscene character". Prior to this, although not explicitly in the statutes, the law was interpreted to apply to cartoon/virtual images, though only where the images are realistic and indistinguishable from photographs. The new law, however, covered images whether or not they are realistic.
In the United States, the PROTECT Act of 2003 made significant changes to the law regarding virtual child pornography. Any realistic appearing computer generated depiction that is indistinguishable from a depiction of an actual minor in sexual situations or engaging in sexual acts is illegal under .
Even handmade drawings of imagined scenarios that appear to comprise "a visual depiction of a minor engaging in sexually explicit conduct" are illegal in the United States under . Where an interstate nexus (e.g., via use of a computer or transmission via the internet) can be demonstrated, a person in possession of comic-book-type pictures suggesting persons under the age of 18 in sexual situations faces the same penalties as for actual child pornography, (i.e., as much as 10 to 20 years' imprisonment).
In Canada, the Supreme Court of Canada ruled in 1992 that obscene pornography was not protected expression in R v Butler, stating that while a direct causal link from obscenity to real world harm may be "difficult, if not impossible, to establish" it was reasonable to presume a causal link to "changes in attitudes and beliefs". The following year, the 34th Canadian Parliament led by Prime Minister Kim Campbell made child pornography and its fictional artworks a crime in 1993, both to be charged with the same severity. Following the 2001 Supreme Court trial R v Sharpe, Chief Justice Beverley McLachlin continued to maintain that "Parliament was justified in concluding that visual works of the imagination would harm children". The following year, the 37th Canadian Parliament led by Prime Minister Jean Chretien criminalized online access to child pornography, including fictional representations as well.
In the Australian state of Victoria, it is illegal to publish imagery that "describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context".
The allowance of virtual child pornography in the U.S. has had international consequences. For example, French virtual child pornography producers have moved their files to servers in the United States because of its wider free speech protection" (Eko).
Cartoon images
The hentai subgenres known as lolicon and shotacon have been the subject of much controversy regarding impact on child sexual abuse. Pornographic parody images of popular cartoon characters, known as Rule 34, have also been challenged around the world. Images depicting The Simpsons characters have been of particular concern in Australia and in the United States.
In the Czech Republic, a study showed that rates of "offending declined following the legalization of all types of pornography."