NSW: Sex cartoon based on The Simpsons is child porn: judge
08 Dec 2008 12:04 PM
SYDNEY, Dec 8 AAP - A man charged over cartoons showing sex acts involving children modelled on The Simpsons characters has failed to have his child pornography convictions overturned.
In the NSW Supreme Court on Monday, Justice Michael Adams ruled a fictional cartoon character was a "person" within the meaning of the relevant state and Commonwealth laws.
In February, Alan John McEwan was convicted in Parramatta Local Court of possessing child pornography and using his computer to access child pornography.
"The alleged pornography comprised a series of cartoons depicting figures modelled on members of the television animated series The Simpsons," the judge said.
The cartoons showed characters like Bart, Lisa and Maggie Simpson having sex.
The man was convicted and fined $3,000 and placed on a good behaviour bond.
"In my view, the magistrate was correct in determining that, in respect of both the Commonwealth and the NSW offences, the word 'person' included fictional or imaginary characters ...," the judge said.
"... the mere fact that the figure depicted departed from a realistic representation in some respects of a human being did not mean that such a figure was not a 'person'."
In dismissing the appeal, the judge ordered each party to pay its own legal costs as this was the first case dealing with this "difficult" issue.
