As you may recall, under 18 U. Code Sec. This has already led to prosecutions for possession of comics or cartoons — in fact, animated child sex is reportedly being used as, well, clickbait by law enforcement. One key aspect of current U. As a result Section A only bans non-realistic visual depictions such as the Calvin and Hobbes video if they are obscene or lack serious artistic, literary, political or scientific value. Here, in brief, is why Congress went with that language. In a series of decisions several decades ago, the Supreme Court came up with a standard for obscenity that, it believes, passes constitutional muster. The standard is known as the Miller test for determining obscenity, and it has three key components: the material appeals to prurient interest, is patently offensive and lacks serious literary, artistic, political or scientific value. By echoing this language, Congress hoped — and so far has mostly succeeded — in establishing a standard for visual depictions of minors in drawings, cartoons, sculptures or paintings that would survive a constitutional challenge.
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