Anime Vice News

Canada on Manga Kiddy Porn, Handley Update

A pair of twins are sentenced in Canada, while Handley still waits for his sentence.


 These are not the Canadian twins in question.
 These are not the Canadian twins in question.
Word at the New Glasgow News of Nova Scotia, Canada, is that a pair of twin brothers-- David Scott and James Corey Hammond, both 20 --have been given three months in jail and 18 monhs of probation for possession of child pornography, including "Japanese anime images," featuring young boys.

The report offers that "approximately 90 per cent of the images were of cartoon drawings called Japanese Anime, while the remainder were of actual children." (Just once, I'd like to see one of these reporters actually reach out to an anime/manga expert, so that they could at least get the terminology right.) Apparently the computer forensics also found that at least one of the boys was trying to figure out whether the material was legal or not.

The article claims that it's legal in the United States, somewhat erroneously-- the 2003 PROTECT Act, better known as the "Amber Alert law," also includes legislation against drawn depictions of minors engaged in any kind of sexual intercourse; the law has not been tested in courts and previously the Supreme Court found in favor of the legality of such drawn depictions, so it's unclear whether the law would stay on the books if the Court got to try it.

But back to the point at hand: since it was unclear which twin did most of the downloading, and both admitted to having done some, they received the same punishment, although one brother may have "a low risk to re-offend" based on reports, while the other "admitted that he was attracted to 12-year-old boys" and had thought of approaching them.

Now, it seems to me that compared to Christopher Handley-- the Iowa native who plead guilty to a PROTECT Act charge in May, who is facing up to 15 years in prison --their sentence seems fairly light. And Handley, as far as I'm aware, had ONLY manga-type drawings, as opposed to these two, who had a small number of real-life kiddy porn images as well.

Speaking of Handley, I did some research on the PACER court database, and while he was originally supposed to be sentenced in August, as I recall, but instead it looks like in September the prosecutor is still working on the pre-sentencing report, which was drafted, objected to, and then not objected to. The most recent document in the case is from September 17th, which was just a declaration that they published the Order of Forfeiture of additional property of Handley's-- which means there's been nothing filed in the case in a month. 
 
I'm not a lawyer, and I don't know exactly what that means in terms of when Handley will be sentenced. It seems odd to me that they'd wait so long, though-- I've e-mailed Handley's attorneys of record, so I'll let you know if/when I hear back from them.
GodLen staff on Oct. 22, 2009 at 11:58 a.m.
Wow just three months in jail? That's nothing! Though I think it's really the 10% of real CP that got them in trouble. If it were just hentai, then they would have to arrest half of Canada. 
giaon Oct. 22, 2009 at 12:04 p.m.
@GodLen: A guy was convicted of child pornography for only manga images in 2005, I think, and he got an 18-month "conditional" sentence (no Internet allowed) and had to do 100 hours of community service. I'm not entirely sure if that "conditional" sentence just meant he was sentenced to not use the Internet, or that he was jailed and not allowed to use the Internet. :\
John_Martoneon Oct. 22, 2009 at 12:05 p.m.
@GodLen said:
 If it were just hentai, then they would have to arrest half of Canada.  "
Len would know, he smuggles the stuff out of Canada.
 
I agree with Len though, the logical mind states that sans the 10% CP they probably wouldn't be sentencing them. Then again, we're talking about the "logical" mind, not the perceptional biased minds of the masses.
giaon Oct. 22, 2009 at 12:07 p.m.
@John_Martone said:
" @GodLen said:
 If it were just hentai, then they would have to arrest half of Canada.  "
Len would know, he smuggles the stuff out of Canada.  I agree with Len though, the logical mind states that sans the 10% CP they probably wouldn't be sentencing them. Then again, we're talking about the "logical" mind, not the perceptional biased minds of the masses. "
See the above comment-- they already did sentence one guy for nothing but manga CP, although it *looks* like it might not have included jail time.
 
It's still crazy to see someone in the US getting potentially 15 years for the same crime as the only-manga guy, though @_@
cfatalison Oct. 22, 2009 at 12:09 p.m.
i am lucky i didn't life in canada nor would i be going there
JJOR64on Oct. 22, 2009 at 12:32 p.m.
Wow, more people calling anime/manga pornography.  Well, they had actually pictures of young boys so they should go to jail for that but, not for the hentai.  I guess there are some stupid people in this world that can't tell an apple from an orange.  This just makes me want to.......
 
 /facepalm
 /facepalm
giaon Oct. 22, 2009 at 12:47 p.m.
@JJOR64: At this point, referring to anime as though it is intrinsically pornography is becoming so standard in the MSM that I don't even bat an eye at it anymore. *sigh*
Nerxon Oct. 22, 2009 at 12:50 p.m.
those authority figures sure are fussy , who raped them as a child?
Monkeynohitoon Oct. 22, 2009 at 5:13 p.m.
This really just ties in with all the butthurt over manga Mein Kampf. Real CP goes beyond the boundaries of internationally regarded speech rights by its implication with actual crime, but otherwise it's the stuff that people most dislike that speech rights were designed for in the first place. It's not a concept where somebody can just pick and choose.
John_Martoneon Oct. 23, 2009 at 12:37 p.m.
@Monkeynohito: Well put
giaon Oct. 23, 2009 at 1:56 p.m.
@Monkeynohito said:
" This really just ties in with all the butthurt over manga Mein Kampf. Real CP goes beyond the boundaries of internationally regarded speech rights by its implication with actual crime, but otherwise it's the stuff that people most dislike that speech rights were designed for in the first place. It's not a concept where somebody can just pick and choose. "
Very well-said, and similar in character to author Neil Gaiman's own thoughts-- which can be summed up as freedom of speech isn't worth a damn if no one will defend the speech that they find offensive and/or distasteful.
Monkeynohitoon Oct. 23, 2009 at 3:57 p.m.
@John, @Gia: A little more thought on it today: I have to admit the speech issues get a little greyer within media and retail circles, but media industries have their own filters and guidelines for that sort of thing which can get sticky for an artist wanting to ruffle feathers. I still think on the legal side of things it's still fairly black and white whether speech is protected or not though.
NovidAnonon Oct. 24, 2009 at 1:54 p.m.
I am starting to wonder if Handey has said anything against the state or federal government (while in school) and this issue has caught up to him. If he is connected to certain left wing folk then this is reaching a witch hunt nearing the West Memphis Three.
Konandaon Oct. 25, 2009 at 2 p.m.
@Monkeynohito said:

"This really just ties in with all the butthurt over manga Mein Kampf. Real CP goes beyond the boundaries of internationally regarded speech rights by its implication with actual crime, but otherwise it's the stuff that people most dislike that speech rights were designed for in the first place. It's not a concept where somebody can just pick and choose. "


There are two things I want to address in regards to Gia's pondering in the article about the difference in sentancing it should be noted Canada and the United States of America are two different countries with different judicial system along with different laws and punishments for breaking said laws. Generally the justice system here in Canada is more leanient and less rash than the U.S. in terms of sentancing. For instance the maximum sentance is life with 25 years until a possible parole this is also something you would probably only see with first degree murder(s) [assuming 18 or older] or high treason (means treason during wartime or trying to assassinate Queen Elizabeth II during a time of peace). Contrary to the U.S. where you are one of the 58 countries that still practice Capital Punishment, (37 prisoners executed in the U.S. last year via http://bit.ly/2wYJp7) which had a de facto abolishment in 1963 in Canada with total legal abolishment in 1998 last person to be hanged [how capital punishment was praticed in Canada] was in December 1962 in Toronto. Seeing as I'm not a lawyer especially one who deals with international legal disputes I won't go too much further into this though if I could contact my friend who is currently studying to become a criminal lawyer (she's been very busy lately hence why I can't talk to her about this at the moment) I'll end this before I mess up something. 
 
As for Mein Kampf at least if a publisher decides to localize that/get the liscense for NA you would be able to buy it in the U.S. I'm about 99% sure Chapters/Indigo (a monopolistic bookstore chain, which pretty much is the only retail distributor of books in Canada) is run by Heather Reisman who in 2001 banned the sale of Mein Kampf in her stores making the only choice to import it via Amazon.com or some other site if one wants to own a copy. I suspect the same kind of censorship would happen should the manga get distributed/liscensed for the U.S.
Noodleson Oct. 26, 2009 at 6:05 a.m.
Good thing I have all of my loli hidden in my C:/Windows folder! Oh wait, the feds can look in there too? SHIT
Arjunaon Nov. 27, 2009 at 6:35 p.m.
My Canadian news has been reporting a lot on the Conservative government's plans to toughen child-porn laws even further. 
 
I don't know the current situation.  I'm not sure if the laws have passed.  I suspect they have.  This is happening right now, the week of November 22.  The law was to come into effect Thursday, I am writing this on Friday.
 
Here is a link to the story from CBC news, entitled:  "ISPs to monitor child porn under propsed bill" 
 
- And a similar article covering the same story, entitled:  "ISPs must help police snoop on internet under new bill"
 
Don't quote me on this:  but I seem to remember hearing a CBC radio report that said it will now be illegal not to tell the police about known "child-porn" activity.  So if someone you know deals with "child-porn", and it is somehow shown that you knew, you are considered an accomplice through compliance.
reinon Nov. 27, 2009 at 6:52 p.m.
Does anyone know how the US is reacting to this? (i'm safe either way, i'm a definite minor)
Nerxon Nov. 27, 2009 at 8:14 p.m.
@rein: The best thing to do in far away holidays
Tempestangelon Jan. 26, 2010 at 5:55 a.m.
I think i'll move to Japan....
Count_Alucardon Feb. 28, 2010 at 11:51 p.m.

lol gay as hell.
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