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For broader coverage of this topic, see Legality of child pornography.
Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real children to create pornographic material. Virtual child pornography depicts purely-fictional characters (for example, lolicon manga). "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.
Some analysts have argued whether or not cartoon pornography that depicts minors is a victimless crime.[1][2] Laws have been enacted to criminalize "obscene images of children, no matter how they are made", for inciting abuse. Currently, countries that have made it illegal to possess (as well as create and distribute) sexual images of fictional characters who are described as or appear to be under eighteen years old include New Zealand, Australia, Canada, South Africa, South Korea, and the United Kingdom.[3][original research?] The countries listed below exclude those that ban any form of pornography, and assume a ban on real child pornography by default.
All sexualized depictions of people under the age of 18 are illegal in Australia, and there is a "zero-tolerance" policy in place.[4]
In December 2008, a man from Sydney was convicted of possessing child pornography after sexually explicit pictures of child characters from The Simpsons were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.[5] Controversy arose over the perceived ban on small-breasted women in pornography after a South Australian court established that if a consenting adult in pornography were "reasonably" deemed to look under the age of consent, then they could be considered depictions of child pornography.[citation needed] Criteria described stated "small breasts" as one of few examples, leading to the outrage. Again, the classification law is not federal or nationwide and only applies to South Australia.[6]
Canadian laws addressing child pornography are set out in Part V of the Canadian Criminal Code, dealing with Sexual Offences, Public Morals and Disorderly Conduct: Offences Tending to Corrupt Morals. Section 163.1 of the Code, enacted in 1993, defines child pornography to include "a visual representation, whether or not it was made by electronic or mechanical means", that "shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity", or "the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years".[7] The definitive Supreme Court of Canada decision, R. v. Sharpe, interprets the statute to include purely fictional material even when no real children were involved in its production.
There have been at least three major cases brought up against the possession of fictional pornography within the last two decades. In April 2010 visiting American citizen Ryan Matheson (aka Brandon X[8]) was arrested in Ottawa for bringing erotica based on Lyrical Nanoha.[9][10] By October 2011 he was charged with possession and importation of child pornography and faced a minimum of 1 year in prison.[11] The next case occurred in 2014 where a man from Nova Scotia was sentenced to 90 days after pleading guilty of possessing mostly anime images. Roy Franklyn Newcombe, 70, pleaded guilty to the charge after a NSCAD student found a USB thumb drive with sexually explicit images and videos at a computer lab in April 2014. There was no indication the images involved local people or had been manufactured by Newcombe. Most of the 20 images were anime, although a few appeared to be of real girls between five and 13 years old.[12] The most recent case occurred in Alberta when on February 19, 2015 the Canada Border Services Agency intercepted a parcel and arrested its recipient on March 27. Based on the box art of a sculpture being shipped to him, four charges were pressed: possession/distribution, mailing obscene matter and smuggling prohibited goods. These charges were withdrawn as part of a plea deal when the accused agreed to a peace bond.[13]
The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophile material is illegal under Ecuadorian law.[14]
Fictional child pornography is illegal in Estonia per article 178 of the Penal Code. This law does not apply to Estonian citizens who legally commit the offense abroad.[15]
Since a reform of the French penal code, introduced in 2013, producing or distributing drawings that represent a minor aged less than 15 years old is considered the same as producing real child pornography and is punishable by up to five years' imprisonment and a €75,000 fine, even if the drawings are not meant to be distributed.[16][17]
Virtual child pornography is illegal in Ireland per the Child Trafficking and Pornography Act of 1998 which includes "any visual representation".[18] The country has strict laws when it comes to child abuse material, even if it doesn’t contain any "real children".[19]
In New Zealand, the Films, Videos, and Publications Classification Act 1993 classifies a publication as "objectionable" if it "promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes". Making, distribution, import, or copying or possession of objectionable material for the purposes of distribution are offences punishable (in the case of an individual) by a fine of up to NZ$10,000 on strict liability, and ten years in prison if the offence is committed knowingly.[20]
In December 2004, the Office of Film and Literature Classification determined that Puni Puni Poemy—which depicts nude children in sexual situations, though not usually thought of as pornographic by fans—was objectionable under the Act and therefore illegal to publish in New Zealand. A subsequent appeal failed, and the series remains banned.[21]
In April 2013, Ronald Clark was jailed for possession of anime that depicts sex between elves, pixies, and other fantasy creatures.[22] It was ruled as obscene and he was jailed for three months following the trial.[23] Clark was previously convicted for indecently assaulting a teenage boy and his lawyer noted that ethical issues complicated the case.[23]
As of 2004, the Norwegian penal act criminalizes any depictions that "sexualize" children, even if it does not actually show sexual acts with children.[24] This could include any artificially produced material, including written text, drawn images, animation, manipulated images, an adult model with childish clothes, toys, or surroundings.[25]
The penal act has been applied to drawn images described as "hentai-images" in Agder Court of Appeal with the following remarks:
The drawings show children in various sexual positions and abuse situations. The Court of Appeal notes that such drawings are not as serious as films, or photographs of living people. This is because the drawings are not the product of actual abuse. The drawings nevertheless help to "normalize" and underpin the industry of child sexual abuse, and for that reason is also a serious offence.[26]
Another judgment on possession of 300 to 400 drawings downloaded from the internet described as Japanese lolicon hentai boi manga has the following remarks:
The Court of Appeal notes that there may be reason to look somewhat milder on drawings and other graphic sexualized representations of children, than on abusive material with living children as models / actors.

In the latter case, there is a real and serious assault behind each picture or film. It is nevertheless emphasized that possession of this material is a serious offence. It is assumed that the penalty is in the area of 90 to 120 days in prison.[27]
Since the 2008 amendment to the Polish Penal Code, simulated child pornography has been forbidden in Poland. Article 202 § 4b penalizes the production, dissemination, presentation, storage or possession of pornographic content depicting the created or processed image of a minor under the age of 18 participating in a sexual activity. The perpetrator shall be subject to a fine, the penalty of restriction of liberty or deprivation of liberty for up to 2 years.[28][29]
This law faced criticism from legal experts. Maciej Wrześniewski questioned the legitimacy of this article, arguing that "it is not possible to unquestionably confirm the age of a depicted person—since such a person does not in fact exist".[30] This opinion was shared by Maciej Szmit, who called the whole article "unfortunately worded".[31] According to the Polish prosecution authorities, if the age of a depicted person is in question, a court may appoint anthropological experts to determine it.[32]
From 2008 to 2016, there were 12 people found guilty under Article 202 § 4b (as a primary crime).[33][34] It is unknown in how many cases, if any, the judgment concerned drawn pornography, as this law is also used for pseudo-photographic child pornography, such as when photographs of children's faces are pasted onto sexually explicit images of adults' bodies.[35]
One of the cases where the discussed Article 202 § 4b of Polish Penal Code was used in court was the case of a painter Krzysztof Kuszej. In 2011, Kuszej was charged with committing a number of prohibited acts, including "presenting processed images of minors engaging in sexual acts with intent to sell on an online auction website". 21 pieces of artwork depicting sexual acts between children and priests were secured from the artist's studio. The artist argued in court, that his art is a social commentary on subject of Catholic Church sexual abuse cases, and his artistic measures were adequate for the problem. The expert witness in art history commissioned by the court, Dr Izabela Kowalczyk, stated that these works were art rather than pornography. According to the expert, Kuszej's images do not seduce viewers and their message against child sexual abuse is apparent. Contrary to the expert witness's opinion, the court ruled that the defendant's works did indeed include pornographic content involving minors. However, according to the court, the artist's intent was not to promote the presentation of such content, but only to showcase his position on the condemnation of child sexual abuse. The court found that the artist did not identify his work with child pornography or its dissemination. The defendant could not be proven guilty of committing the crime intentionally, and the court acquitted him of all charges.[36]
Paragraph 1 of Article 242.1 of the Criminal Code of the Russian Federation makes it illegal to create, acquire, store, and/or move across the Russian border (including through the internet) pornographic pictures of minors for the purpose of distribution. This law also applies to drawings depicting minors, as in January 2019 a court in Bryansk sentenced a transgender woman to three years in prison for posting erotic drawings on her webpage.[37][38]
With the promulgation of the Films and Publications Amendment Bill in September 2003, a broad range of simulated child pornography became illegal in South Africa. For the purposes of the act, any image or description of a person "real or simulated" who is depicted or described as being under the age of 18 years and engaged in sexual conduct, broadly defined, constitutes "child pornography".[39] Under the act, anyone is guilty of an offence punishable by up to ten years' imprisonment if he or she possesses, creates, produces, imports, exports, broadcasts, or in any way takes steps to procure or access child pornography.
The Coroners and Justice Act of April 2009 (c. 2) created a new offence in England, Wales, and Northern Ireland of possession of a prohibited image of a child. This act makes cartoon pornography depicting minors illegal in England, Wales, and Northern Ireland. Since Scotland has its own legal system, the Coroners and Justice Act does not apply. This act did not replace the 1978 act, extended in 1994, since that covered "pseudo-photographs"—images that appear to be photographs. In 2008 it was further extended to cover tracings and other works derived from photographs or pseudo-photographs.[40] A prohibited cartoon image is one which involves a minor in situations which are pornographic and "grossly offensive, disgusting or otherwise of an obscene character".
Prior to this, although not explicitly in the statutes, the law was interpreted to apply to cartoon images, though only where the images are realistic and indistinguishable from photographs.[41] The new law, however, covered images whether or not they are realistic.
In 2006 the government was giving close consideration to the issues and options regarding cartoon pornography, according to Vernon Coaker.[clarification needed] On December 13, 2006 UK Home Secretary John Reid announced that the Cabinet was discussing how to ban computer-generated images of child abuse—including cartoons and graphic illustrations of abuse—after pressure from children's charities.[42] The government published a consultation on April 1, 2007, announcing plans to create a new offence of possessing a computer-generated picture, cartoon or drawing with a penalty of three years in prison and an unlimited fine.[43][44]
The children's charity NCH stated that "this is a welcome announcement which makes a clear statement that drawings or computer-generated images of child abuse are as unacceptable as a photograph". Others stated that the intended law would limit artistic expression, patrol peoples' imaginations, and that it is safer for pedophiles' fantasies "to be enacted in their computers or imaginations [rather] than in reality".[45]
The current law was foreshadowed in May 2008, when the Government announced plans to criminalise all non-realistic sexual images depicting under-18s.[46][47] These plans became part of the Coroners and Justice Act 2009, sections 62–68,[48] and came into force on April 6, 2010.[49] The definition of a "child" in the Act included depictions of 16- and 17-year-olds who are over the age of consent in the UK, as well as any adults where the "predominant impression conveyed" is of a person under the age of 18. The Act made it illegal to own any picture depicting under-18s participating in sexual activities, or depictions of sexual activity in the presence of someone under 18 years old. The law was condemned by a coalition of graphic artists, publishers, and MPs, who feared it would criminalise graphic novels such as Lost Girls and Watchmen.[50]
The government claimed that publication or supply of such material could be illegal under the Obscene Publications Act, if a jury would consider it to have a tendency to "deprave and corrupt".[44] However, the published bill made no reference to the "deprave and corrupt" test.
In October 2014, Robul Hoque was convicted of possessing up to 400 explicit manga images involving fictional children, in the UK's first prosecution of its kind. He received a 9-month suspended sentence. He was also warned in court that had he been in possession of actual child pornography, he would have been sentenced to jail for a longer term in years.[51]
Real child porn is illegal, considered to be any records of "any situation that involves a child or adolescent in explicit, real or simulated sexual activities, or the display of the genital organs of a child or adolescent for primarily sexual purposes." The adjectives "real" and "simulated" (used in the plural by the rule in art. 241-E of the code of minors)[52] refer to the explicit sexual activities represented, and not to the child or adolescent (if real or fictional product). In other words, what the law sanctions is the participation, real or simulated (through, for example, the use of photomontage technique), of a real child or adolescent in a scene with explicit sexual content. However, drawings and other unrealistic graphic representations of fictional children no matter how offensive including pornography of the subgenre of Japanese manga/hentai lolicon and shotacon are legal and not a criminal offense.[53][54]
In Belgium, only pornographic art that realistically depicts underage characters is illegal.[55]
The Supreme Court of Justice of Colombia ruled in 2018 that "artificial child pornography" is not a crime. This applies to non nude photographs, drawings, animation, and situations that do not involve actual abuse.[56] The penal code was modified afterwards by adding the word "real" when referring to representations.[57]
There are no laws in Denmark which prohibit pornographic drawings of children. Results of a Danish government study done in 2012 failed to show how reading cartoons depicting child pornography will lead to actual child abuse.[58]
Producing and distributing pornography which realistically or factually depicts a child—basically photographic images—is illegal in Finland and punishable by a fine or up to two years' imprisonment. Possession of such pornography is punishable by a fine or imprisonment for up to one year.
Realistic and factual visual depiction of a child appearing in sexual acts is defined as it having "been produced in a situation in which a child has actually been the object of sexually offensive conduct and realistic, if it resembles in a misleading manner a picture or a visual recording produced through photography or in another corresponding manner of a situation in which a child is the object of sexually offensive conduct".[59]
Purely fantasy-based virtual child pornography—in this case, drawings and paintings—remains legal by Finnish law because it has no connection to a real abuse situation; also, such depictions may serve informational or artistic purposes which can make even reality-based images legal.[60]
In principle, the regulations in Chapter 13 of the German Criminal Law for offenses against sexual self-determination also prevent the public advocation and the degradation of minors as sexual objects.[61] The distribution of child pornography, defined as pornography relating to "sexual acts performed by, on or in the presence of a person under 14 years of age (child), the reproduction of a child in a state of full or partial undress in an unnaturally sexual pose, or the sexually provocative reproduction of a child’s bare genitalia or bare buttocks,"
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