this post was submitted on 25 Oct 2023
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Drawn art depicting minors in sexual situations has been deemed protected as free speech in the US. It's why, at least in the US, you don't have to worry about the anime girl that's 17 landing you in prison on child porn charges. The reasoning: there is no victim, the anime girl is not sentient, therefore the creation of that art is protected as free speech.
I suspect a similar thing will happen with this. As long as it is not depicting a real person, the completely invented person is not sentient, there is no victim, this will fall under free speech. At least in the US.
However, it is likely a very, very bad idea to have any photo-realistic art of this manner, as it may not be clear to authorities if it is from AI or if there is in fact a person you are victimizing. Doubly so if you download this from someone else, as you don't know if that is a real person either.
Anything that looks realistic should be illegal if you ask me as otherwise it would become harder to prosecuting real child porn. "Oh that picture is just modified with AI" could be hard to dissprove...
We shouldn't be prosecuting people because they have things that look like child porn, we have to prove that there's a victim, or people get accused of things they didn't do.
https://www.midsouthcriminaldefense.com/blog/2013/february/porn-star-appears-in-court-and-vindicates-man-ch/
We shouldn't be prosecuting these people, but we should be figuring out how to get them help.
An adult person who is attracted to children can obviously not have any legal sexual contact with a child, just like anybody else, and so we need to make sure they have the tools and ability to get by without that.
I don't know what's best for these people. Maybe the best way to help them is to let them have this fake material. Maybe the best way to help them is to try to deny them this sort of material. There's probably some scientist out there who has studied what is the best thing.
Allowing someone to act out on their deranged fantasies just results in reinforcing this behavior. No, it would not help them.
We learned in the early eighties that allowing people to scream, tear up stuff, and generally destroy things that it did not help them move past their feelings of anger. If you hit things to deal with anger it becomes a feedback loop of hitting more things more often to deal with the emotion.
Exactly that has already been tried, and struck down by the supreme Court in Ashcroft v. Free Speech Coalition. It turns out, porn of people over 18 very often looks the same as porn of people under 18, therefore such a law bans a considerable amount of legal adult content.