Legal Question in Entertainment Law in Pennsylvania

Re: Is this legal ?

It is illegal.

Re: Is this legal ?

You asked about obtaining prurient material containing animated depictions of potentially underage persons (anime).

I disagree with my colleague. Various laws have been enacted in attempts to regulate pornography, including laws that prohibit the depiction of persons who appear to be underage. These laws have been successfully attacked.

Make no mistake, I find even the potential abuse engendered in child pornography to be a significant problem. But our job is to protect the greater rights of our population.

There is a broad grey line that the depiction of natural persons in obscene materials is legal where either 1) the person depicted is over the legal age and the proper records have been maintained by the producer, or 2) if an image predates those laws the person is arguably over the legal age.

There have been attempts to regulate pornographic materials which depict underage "persons." Courts have struck down those laws where either the depiction is not of a natural person or where it is a natural person of legal age who is made to look younger either through the use of technology or makeup and wardrobe (or lack thereof). In the case of a natural person the producer and consumer will need to be certain that they have the proper records to defend themselves because the onus will be on them to prove the legality of the material.

Also, the issue isn't simply the confiscation of prurient material by customs. If the material were illegal, you would be arrested when you attempted to take delivery.

Regards,

Roger