Legal Questions - hentai content (loli, incest, bestiality…)

AlexN

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Jul 31, 2016
Hello, my name is Alex and i would want to start doing hentai game development (possibly with loli, maybe incest aswell)

I've heard a lot of things about 'Loli' genre being illegal, or something close to it, so i'd appreciate some details on this topic.

Additionally, how does this affect the developer, and is there a way to protect against any future legal issues (like asking the user to agree with certain conditions and stuff).

I'm sorry for my lack of knowledge
 

fleet

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Apr 16, 2012
Your best source for legal advice is to contact an attorney where you live.
 

Giafuremu

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Feb 15, 2011
It would help to know where you're from.

Would I be correct in assuming you're in the US? Stuff like lolicon, incest, and bestiality are all legal to create as long as no real people are involved. I think that's the general rule of thumb. It might be different in by state, but I believe it's legal for the most part.
 

AlexN

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Jul 31, 2016
Thnx to everyone for your advices, i'll do some more research, i'll keep you in touch
 

músamús

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Aug 6, 2016
This is relevant to me. I have no interest in loli but I am making a game where the protagonist, though of age, has a very slight and petite physique. I have a disclaimer that all characters are of age on the opening title and I have her age listed as 19, but in game she is significantly smaller than her one boss opponent and has very petite, flat breasts. Is this going to be an issue? In general for US and UK and Western Europe in general. My avatar is the aforementioned protagonist.
 

fleet

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Apr 16, 2012
This is relevant to me. I have no interest in loli but I am making a game where the protagonist, though of age, has a very slight and petite physique. I have a disclaimer that all characters are of age on the opening title and I have her age listed as 19, but in game she is significantly smaller than her one boss opponent and has very petite, flat breasts. Is this going to be an issue? In general for US and UK and Western Europe in general. My avatar is the aforementioned protagonist.
I am not a lawyer; your best source for legal advice is an attorney where you live. I assume your game has either nudity or sexual content
I would add the words 'adults only' to your disclaimer.
 
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músamús

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Aug 6, 2016
I am not a lawyer; you best source for legal advice is an attorney where you live. I assume your game has either nudity or sexual content
I would add the words 'adults only' to your disclaimer.
Thank you for your input, but I'm not going to go to an attorney because I value my anonymity and don't have the money to pay for their time anyway. The adults only disclaimer is a good idea though and I will do that.
 

Giafuremu

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Feb 15, 2011
Large text wall incoming.

Obscenity laws (which are the lynchpin to the legality of lolicon and shotacon) differ from state to state (and country to country as well). Without knowing what state or country you are in, it will be impossible to tell if it's indeed legal or not. If your question is "is it legal in the United States", the answer is once again "Where in the US are you asking about"?

This applies to both lolicon / shotacon (drawn depictions of childlike characters engaging in sexual activity) and zoophilic pornography (real people engaging in sexual activity with real animals). It should be noted however that characters that look less human, whether an artistic choice or style are more likely to be exempt from obscenity laws and this, in turn, means it's legal.

On the topic of drawn or computer generated images, zoophilic content is very likely to be legal (considering that private ownership of zoophilic content is outlawed in only two states (Oregon and the Virgin Islands). All laws regarding creation and commercial sale (private distribution is something very different and probably only illegal if you're distributing to minors for some reason) of it vary from state to state, but explicitly mention that it's considered creation if real people are involved. With drawn images or computer generation, real people aren't involved, so it's okay.

That being said, unless you are willing to give us a vague idea of where you are worried about the laws in question, then you cannot be helped.
 

músamús

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Aug 6, 2016
Real people are not involved, my characters are all over the age of 18, I have no zoophilia. My worry is that my victim is very petite, the aggressor ridiculously huge, and that as such some loli/ageplay thing could be falsely misconstrued from it.

My worries are based in Western Europe, notably the UK, Germany, Iceland and France.

Thanks for your input.
 

Giafuremu

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Feb 15, 2011
Lolicon is illegal in UK and Germany. It's likely illegal in France as well.

Porn in general is banned in Iceland.

The only defense you'd have is "All characters are above 18" because the lolicon laws in particular are referring to fictional children characters.
 

músamús

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Aug 6, 2016
I think I'll be OK, because my characters are over 18. I think you would struggle to define my protagonist firmly as a lolicon. She's just a flat chested shrimp.
 
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