Ren'Py The Legality of hardcore content?

Succubus Hunter

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May 19, 2020
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Stalker Seducer

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Thank you for the vote of confidence.

So long as your game does not contain realistic looking Rule 7, you should be legally okay. The only things I could think of being an issue would be directly inciting violence, copyright infringement, or sharing how to defeat DMCA protections.
inciting violence?
 

OldSailor

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Sep 11, 2021
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Thank you for the vote of confidence.

So long as your game does not contain realistic looking Rule 7, you should be legally okay. The only things I could think of being an issue would be directly inciting violence, copyright infringement, or sharing how to defeat DMCA protections.
Wait a minute. If you use real porn and you include a rape scene in your game, is that illegal?
 

amaranta

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Jun 26, 2020
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Well, you can simple look at JastUSA and their localised games, like . So long they alive and kicking you can try any fetishes from their games.
 
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Succubus Hunter

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inciting violence?
Like telling people to riot for example. I suggest watching Tale Foundary's video covering dangerous books. In there our favorite robot talks about the contents of extreme books.


Wait a minute. If you use real porn and you include a rape scene in your game, is that illegal?
It depends of where you live but in the US it would be legal. Rare porn was a common genre up until Visa and Mastercard went SJW.
 

Stalker Seducer

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Sep 22, 2021
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Like telling people to riot for example. I suggest watching Tale Foundary's video covering dangerous books. In there our favorite robot talks about the contents of extreme books.



It depends of where you live but in the US it would be legal. Rare porn was a common genre up until Visa and Mastercard went SJW.
"Our favorite robot?" speak for yourself i have never heard of him.
 

Count Morado

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If i do something like state at the begining of the game "all characters are over the age of 21" would that fix the issue?
No.
Nobody in the real world actually cares about this stuff.
You are fooling yourself.
Right, because it's not your head on the pike if things go south.
So long as your game does not contain realistic looking Rule 7, you should be legally okay.
Rule 7 is F95 and deals with only prepubescent appearing images. It has no bearing in the court of law. Also, "realistic looking" is not the deciding factor. What a trier of fact (judge or jury) will use the "reasonable person"/"average person" standard - would a reasonable/average person consider the character in the artwork as someone who is a minor (in the US, under the age of 18).

Simply flat chest would not cause a reasonable/average person to consider a character to be a minor, however, there would have to be other factors for such a distinction... usually. Depends upon the jurisdiction (what community the jury is comprised from or the temperament/viewpoint of the judge).
Like telling people to riot for example.
I did not watch that video - but, at least in the US - no author has been charged with inciting violence from their works.
Inciting violence must be a direct and imminent for a crime to be charged, usually. Getting a crowd riled up (or taking advantage of an already highly-motivated group of people) and then telling them to go march on city hall and show the council what's what, that people mean business, etc... is what that statute is typically for.

Simply writing about it in books, games, and movies isn't going to get the court in a tizzy.
 

Stalker Seducer

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No.

You are fooling yourself.

Right, because it's not your head on the pike if things go south.

Rule 7 is F95 and deals with only prepubescent appearing images. It has no bearing in the court of law. Also, "realistic looking" is not the deciding factor. What a trier of fact (judge or jury) will use the "reasonable person"/"average person" standard - would a reasonable/average person consider the character in the artwork as someone who is a minor (in the US, under the age of 18).

Simply flat chest would not cause a reasonable/average person to consider a character to be a minor, however, there would have to be other factors for such a distinction... usually. Depends upon the jurisdiction (what community the jury is comprised from or the temperament/viewpoint of the judge).
I did not watch that video - but, at least in the US - no author has been charged with inciting violence from their works.
Inciting violence must be a direct and imminent for a crime to be charged, usually. Getting a crowd riled up (or taking advantage of an already highly-motivated group of people) and then telling them to go march on city hall and show the council what's what, that people mean business, etc... is what that statute is typically for.

Simply writing about it in books, games, and movies isn't going to get the court in a tizzy.
It sounds like i am highly not at risk... if i ever release a game that is, i have been facing extreme writers block and depression as of late.

And... i really need to get back into dating, if i'm obsessed with a girl there ain't no way i'll have time for writing a hentai game.

Also wasn't shadman drawing full on deadass legally stated underaged loli hentai content of currently important political figures and was a known anarchist and basically anything else that might piss off the government? and the FBI only sent him a cease and desist until he continued doing it in spite of them.

Given how that was handled it seems likely i too would be sent a cease and desist before any real action.
 

Succubus Hunter

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"Our favorite robot?" speak for yourself i have never heard of him.
Tale Foundary is great, you should watch some of the other videos he made so far.

No.

You are fooling yourself.

Right, because it's not your head on the pike if things go south.

Rule 7 is F95 and deals with only prepubescent appearing images. It has no bearing in the court of law. Also, "realistic looking" is not the deciding factor. What a trier of fact (judge or jury) will use the "reasonable person"/"average person" standard - would a reasonable/average person consider the character in the artwork as someone who is a minor (in the US, under the age of 18).

Simply flat chest would not cause a reasonable/average person to consider a character to be a minor, however, there would have to be other factors for such a distinction... usually. Depends upon the jurisdiction (what community the jury is comprised from or the temperament/viewpoint of the judge).
I did not watch that video - but, at least in the US - no author has been charged with inciting violence from their works.
Inciting violence must be a direct and imminent for a crime to be charged, usually. Getting a crowd riled up (or taking advantage of an already highly-motivated group of people) and then telling them to go march on city hall and show the council what's what, that people mean business, etc... is what that statute is typically for.

Simply writing about it in books, games, and movies isn't going to get the court in a tizzy.
I was using "Rule 7" as a euphemism for... Live action loli.

As for the lack of books inciting violence, the absence of such content is for a reason. Authors know better than to publish a book telling people to go out and harm people of property. For example, you would never see a book like Mein Kamph (The book written by "Charlie Chaplin") or a book telling people to follow in the footsteps of Retardy Oswald.

It sounds like i am highly not at risk... if i ever release a game that is, i have been facing extreme writers block and depression as of late.

And... i really need to get back into dating, if i'm obsessed with a girl there ain't no way i'll have time for writing a hentai game.

Also wasn't shadman drawing full on deadass legally stated underaged loli hentai content of currently important political figures and was a known anarchist and basically anything else that might piss off the government? and the FBI only sent him a cease and desist until he continued doing it in spite of them.

Given how that was handled it seems likely i too would be sent a cease and desist before any real action.
For what you are wanting to do, you will probably be fine. You also don't have to worry about monetization since you are planning on releasing the game for free.

I haven't heard of the Shadman FBI situation but that's probably because I'm not one of his followers. Even so, I'm glad to hear the FBI got told to fuck off.
 

Stalker Seducer

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Sep 22, 2021
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Tale Foundary is great, you should watch some of the other videos he made so far.


I was using "Rule 7" as a euphemism for... Live action loli.

As for the lack of books inciting violence, the absence of such content is for a reason. Authors know better than to publish a book telling people to go out and harm people of property. For example, you would never see a book like Mein Kamph (The book written by "Charlie Chaplin") or a book telling people to follow in the footsteps of Retardy Oswald.


For what you are wanting to do, you will probably be fine. You also don't have to worry about monetization since you are planning on releasing the game for free.

I haven't heard of the Shadman FBI situation but that's probably because I'm not one of his followers. Even so, I'm glad to hear the FBI got told to fuck off.
Why do you always censor yourself? you can just say "Hitler"

They got told to fuck off but they still won, such is the way of the world.
 

Jaike

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You guys seem smart and well adjusted to the porn community, what are your thoughts?
I don't know much about federal American law, and basically nothing about state law. If you want to be sure, consult a lawyer who knows the relevant laws for your state. They can prolly assess too how much risk there could be from legal changes. But I doubt most of those things get you in trouble with criminal law if you stick to original fictional characters.

Could i get in trouble for making a game with fucked up content? am i going to be in court in 10 years for a stupid hentai game i forgot i even made? and if i could what is the likelihood and/or do you know of any cases of this happening?
I doubt a prosecutor would care about a porn game after 10 years. But an idiot could always try to sue you for some dumb reason.

Also, side question. why is incest often replaced with step-incest and beastiality is only in very few games? are they actually illegal to show in fantasy or is it like a patreon thing why they are so rare?
Patreon doesn't allow it, because payment processors have a crusade against it. That's why fictional incest has been replaced by fictional stepcest in porn videos too. I don't think there's any federal law against it in America.

Patreon doesn't allow stepcest either though.

Side, side, question. are games about rape and slavery common in the porn game community? the only ones i have played have been Japanese and i know Japan is pretty relaxed about that kind of thing, is it common among western games?
Games with rape are very common among Japanese games. More than half of Japanese games on this site have the tag.
 
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MissFortune

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I haven't read through all of the posts here, but if you're in the US, it's fairly cut and dry. Though, loli content is kind of an odd one historically. Some get punished (more on that below) and some never see any thing. Maybe it's luck of the draw, maybe they're getting investigated for the real thing and lolicon is just a reason for arrest/warrant, or maybe it's something else entirely.

The reason Westy was arrested wasn't just because he was making pedo-adjacent material in Australia. It's illegal to produce porn in parts of Australia (where he was living.). His trial goes one of two ways: They either make an example of him/his work and throw the book at him, or the charges for CSAM material (which it arguably isn't) don't stick and they simply charge/fine him for the production of porn.

Now, for the most part, porn is completely legal in the US (short of LA requiring an ID to access PH). Real rape, real necro, real sex slavery, etc. are all a crime. Obviously. You shouldn't do those things, you shouldn't host those things, and you shouldn't share those things. However, fictional art is fictional art. Regardless of medium. Making any such thing illegal violates a clear line of freedom of expression - artistic or otherwise. Forget which country it is, but they just recently made misgendering people an arrestable offense. Calling someone a he or she, or it is a basic level of freedom of speech here in the US. Regardless of how much the other party dislikes being called X thing. It's your right to do so. While there's obviously lines/exceptions to this, art and artistic expression of divisive/triggering/etc. topics also one of those things. It's legal because it's fictional, at least in your context.

Lolicon is a tricky one. Because it's so easily accessible online now. Nhentai, Hentai2Read, etc. have loli all over it. While they likely aren't hosted here, you can't really point to any prominent case in which someone reading lolicon online has been arrested for doing so. The end user is typically irrelevant. Similar to the LEA with the real thing; they aren't after consumers. They're after the creators, sellers, and distributors. But you'll get arrested if the authorities are notified. Which brings in a fairly prominent case, Christopher Handley, who was arrested for buying and importing lolicon in like 2010. In which he got six months in prison. Which is far too much for drawings of children on paper, imo. So, what does that mean for a game featuring lolicon? In theory, yes. You could be arrested for it under "obscene visual representations". But the reality that the government really doesn't care. Nor is it likely that your game will ever be widespread enough to attract the attention of a government.

In short, as long as you aren't in a country that outright bans porn or the production thereof (e.g. India), you'll be fine. Especially if you're in the US.
 
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