The Taichung branch of the Taiwan High Court on Thursday reversed an earlier ruling and sentenced a man to two months behind bars for selling cartoons depicting underage boys and girls in sexually explicit ways.
The man, surnamed Wu (吳), was found guilty of breaching the Child and Youth Sexual Exploitation Prevention Act (兒童及少年性剝削防制條例). He will not have to serve the sentence, as it can be commuted to a fine of NT$60,000.
The ruling can still be appealed.
The case began in June last year, when Wu put nine publications featuring sexual content up for sale in the adult section of an online auction site. Five were cartoons, while the others were magazines and novellas.
A police officer specializing in online criminal investigations pretended to be a buyer and purchased all nine items from Wu.
At a hearing at the Taichung District Court, Wu said he made sure to sell the materials in the adult section of the Web site and explicitly marked them “For 18 years and older; erotic literature selection,” clearly implying that he was merely reselling old books, not circulating pornography in public, as he had bought the items six years ago and kept them at home.
After examining the materials last year, the court acquitted Wu on all charges, as the publications were deemed to be of obscene material in Category 2, which can legally be sold under certain restrictions, as opposed to more explicit Category 1 material depicting sexual violence and abuse, sexual degradation or sex between humans and animals.
The discussion centered on two books containing illustrations of undressed high-school-age boys and girls performing sexual acts.
The district court ruled that Wu had taken the necessary precautions by advertising in the adult section and that the defense was right to argue that the drawings depicted fantasies for readers’ enjoyment, not real people engaging in sexual acts.
However, after prosecutors filed an appeal, the High Court on Thursday convicted Wu, finding him guilty of selling obscene materials and owning sexually explicit content depicting underage characters.
The court cited Article 36 of the act, which prohibits the production of pictures and videotapes depicting sexually explicit acts by people younger than 18.
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