Posted on 03/11/2006 12:11:57 AM PST by ChessMan
Virginia Man Sentenced in Landmark Obscenity Case
03/10/06 Cyber graphic with FBI Seal Two years ago, Dwight Whorley went to a local office of the Virginia Employment Commission (VEC) in Richmond, ostensibly to look for jobs online. Instead, he used the states computer to download and send Japanese anime cartoons showing graphic acts of child pornography.
Because of a 2003 federal obscenity law, thats illegal . The law, designed to help protect children from sexual exploitation, makes it a federal crime to produce or distribute obscene drawings, cartoons, paintings, or any other visual representations involving the sexual abuse of children.
On December 1, Whorleywho had spent time in jail on previous federal child pornography chargesbecame the first person in the U.S. to be convicted under the 2003 law. On Friday (March 10), he was sentenced to 20 years in prison and fined $7,400.
Howd he get caught? Alert employees at the VEC saw Whorley print the images, and they told a supervisor. The supervisor called the police, who contacted us. Our computer experts in Richmond and from the Child Exploitation and Obscenity Section of the U.S. Department of Justice extracted evidence from the computer, and a Japanese linguist at FBI headquarters translated the text of the cartoons to provide further proof of the cartoons content.
FBI Agent Gerald Kim, who led our investigation in Richmond, said the cartoons were extremely graphic. There was no doubt about what was being depicted, Kim said.
The Japanese anime was just part of the case against Whorley. Our cyber experts found digital photographs of child porn on the same VEC computer. Whorley had also used it to send explicit e-mails to a young girl and for other e-mails describing the sexual abuse of childrenfurther violations of federal obscenity laws. In the end, we were able to link Whorley to the pornography, e-mails and other evidence on the computer. He was convicted of a total of 74 counts of obscenity and child pornography.
We worked on this day and night to verify that he was the person using that specific computer at certain times, Kim said.
The case won't stand. The Federal Surpreme Court already ruled that child porn laws only applies to actual pictures and videos of children, not hand draw fiction characters because the ages of such fictional characters are subjective.
Are they aware of the fact that children are not made of ink and paper?
Though they can probably send him to jail for everything else but the fiction.
depends on whether he speaks japanese
Yeap, that is what I figured. But that newbie Chessman tried to make it sound like the man was convicted for having anime porn/hentai.
03/10/06 Two years ago, Dwight Whorley went to a local office of the Virginia Employment Commission (VEC) in Richmond, ostensibly to look for jobs online. Instead, he used the states computer to download and send Japanese anime cartoons showing graphic acts of child pornography.
Because of a 2003 federal obscenity law, thats illegal . The law, designed to help protect children from sexual exploitation, makes it a federal crime to produce or distribute obscene drawings, cartoons, paintings, or any other visual representations involving the sexual abuse of children.
On December 1, Whorleywho had spent time in jail on previous federal child pornography chargesbecame the first person in the U.S. to be convicted under the 2003 law. On Friday (March 10), he was sentenced to 20 years in prison and fined $7,400.
Howd he get caught? Alert employees at the VEC saw Whorley print the images, and they told a supervisor. The supervisor called the police, who contacted us. Our computer experts in Richmond and from the Child Exploitation and Obscenity Section of the U.S. Department of Justice extracted evidence from the computer, and a Japanese linguist at FBI headquarters translated the text of the cartoons to provide further proof of the cartoons content.
FBI Agent Gerald Kim, who led our investigation in Richmond, said the cartoons were extremely graphic. There was no doubt about what was being depicted, Kim said.
The Japanese anime was just part of the case against Whorley. Our cyber experts found digital photographs of child porn on the same VEC computer. Whorley had also used it to send explicit e-mails to a young girl and for other e-mails describing the sexual abuse of childrenfurther violations of federal obscenity laws. In the end, we were able to link Whorley to the pornography, e-mails and other evidence on the computer. He was convicted of a total of 74 counts of obscenity and child pornography.
We worked on this day and night to verify that he was the person using that specific computer at certain times, Kim said.
But our work didnt stop there. By examining the computer Whorley used, our agents were able to identify and track down other peddlers of child pornography, leading to a recent arrest by agents from our St. Joseph, Michigan, office near Detroit. Other cases are in motion.
How can you help protect your children from becoming victims of sexual exploitation? Check out A Parents Guide to Internet Safety and other resources on our Online Child Pornography Program webpage, our Crimes Against Children webpage, and the Department of Justice Child Exploitation and Obscenity Section webpage.
Resources: U.S. Attorney Press Release
Well, look at it this way: In a less forgiving world, they would add ten years just for the stupidity of using a public government computer to engage in his child porn endeavors.
Sometimes I really can't help but wonder how some people manage to even survive to adulthood....
A. I am no newbie, don't that date fool you.
B. The crux of the FBI's release was how it related to the obscenity law.
This guy should get 20 years for stupidity alone.
I've seen things on South Park that would violate this law.
Some of these girls look young, how did they verify the age of those involved?
I think it would be a good time for Whorley to have a massive heart attack or step in front of a bus but the law seems weak to me.
Don't let your kids pose for those charicature artists at theme parks.
That's why the guy was charged with obscenity.
While your rationale is sound, it is not the only one used when various governments form their child pornography laws.
In Canada not only are depictions of sex with 'simulated' children, which includes anime, considered child porn, but even text - stories of sex with or between children is also.
And I repeat, that is a weak basis for a law. We had a fellow here who was on parole for a child-molestation charge. As a condition of parole, he was not to possess child-porn (duh!)but he was found with a diary filled with his own written musings on sex with children. He was arrested for a parole violation and it was held up at trial. On appeal he was freed because, essentially, a person's diary is simply a repository (in this case a septic tank) of one's own thoughts and one is free to think what one will.
Key to this decision was the absence of any real children in any aspect of the offending material.
08 March 2006 qualifies as a newbie. If your seniority is at issue then remember that you gave that up when you changed your nom-de-'net. Kind'a like in the rules for a game, if you can't make a move then turn in your pieces and lose the turn. You lost - your claimed seniority.
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