Does the PROTECT Act of 2003 cover non-human fictional characters?

[PlanetKiller]

If an adult artwork or game that had quadruped animals of various ages, could It run afoul of the PROTECT Act of 2003, or any similar laws, or do the characters have to be human? Would artificial (robotic) animals be exempt? Would such a work only need to pass the miller test? Does the PROTECT Act of 2003 (and similar laws) only cover humans or persons? I'm genuinely curious.

 

[Whoops2u]

https://www.law.cornell.edu/uscode/text/18/2256
"(B) such visual depiction is a computer image or computer-generated image that is, or appears virtually indistinguishable from that of a minor engaging in sexually explicit conduct"

Two bunnies doing "it" is not child pornography--even if the bunnies are under 18.

 

[Just Blue]

https://www.law.cornell.edu/uscode/text/18/2256
"(B) such visual depiction is a computer image or computer-generated image that is, or appears virtually indistinguishable from that of a minor engaging in sexually explicit conduct"

Two bunnies doing "it" is not child pornography--even if the bunnies are under 18.

I question the ...taste...of a person who would want to watch it though.

 

[PayrollHRGuy]

There is plenty of things worse than what the OP describes on the internet.

 

[Whoops2u]

I question the ...taste...of a person who would want to watch it though.

With all that is available over the internet, drawings of young animals fornicating is not something that rings my crazy bell.

I am extraordinarily grateful my sexuality came to fruition before sitting in a tub of beans became a seduction meme.

 

[PlanetKiller]

What if they are sentient, have language and technology? What if the partners have an age difference, assuming the viewer consents to witnessing the act. I'm aware of Just Blue's trepidation, but there are people who are into that kind of thing, and it doesn't always have to be bunnies. Thanks for the answers so far guys, you have been quite helpful.

 

[PayrollHRGuy]

@PlanetKiller Your question was answered in the first response with a quote from the law. No court is going to rule that some quadruped animals, no matter their age are minors as described in the law.

 

[Whoops2u]

What if they are sentient, have language and technology? What if the partners have an age difference, assuming the viewer consents to witnessing the act. I'm aware of Just Blue's trepidation, but there are people who are into that kind of thing, and it doesn't always have to be bunnies. Thanks for the answers so far guys, you have been quite helpful.

"What if" is what the courts are for.

"What if" they are so poorly drawn they seem almost human?
"What if" they are all animal but a human face?
"What if" they are all animal, including a face, but human-like genitals?

No one can answer without knowing the specific "what if" you mean. Even then, I bet the courts have not run through all the possibilities. Read the statute, pretend you are one of 12 people deciding whatever the "what if" is and consider what you and the other 11 might say.

 

[quincy]

You need to make sure the animals depicted do not resemble an animal that is protected under trademark laws (e.g., Lassie, Tony the Tiger, Mickey Mouse, Cat in the Hat) or else your "creative" works can/will attract the attention of attorneys representing the trademark holders.

 

[Taxing Matters]

Two bunnies doing "it" is not child pornography--even if the bunnies are under 18.

It would be extremely rare for a rabbit to live to 18. The typical life expectancy of a rabbit in the wild might be 2 years (due to predators) but one kept as a pet might be expected to last 8-12 years. Using a pet to human life converter site (yes, such a thing actually exists ) a one year old rabbit is about the same as 20 in human years. So I guess we'd have to say even if the bunnies are under about 11 months old.

 

[quincy]

Sex between animals can be filmed or drawn, and the age of the animal will not be a factor in the legality. There are other factors that can change the legality of such a recording, however.

Any artwork or game PlanetKiller wants to produce and distribute is best personally reviewed by an attorney prior to publication.

 

[cbg]

You do realize this thread is from three and a half years ago, right?

 

[cbg]

Think of it as violating the site rules about necroposting.

 

[quincy]

These dead-thread resurrections are getting tiresome.

This thread is from 2018.

 

[adjusterjack]

These dead-thread resurrections are getting tiresome.

This thread is from 2018.

Maybe you can convince the site owners to lock threads that are 4 to 6 weeks old. Anybody wanting to post an update to their own thread (rare) can just start a new one and include a link to the old one.