#proshit

What is an “identifiable” minor?

That is considered to be a real, identifiable person, or a fictional depiction that appears to be a specific minor. An “identifiable minor” is defined as a person who was a minor at the time the visual depiction was created, adapted, or modified, and who is recognizable as an actual person through their likeness, voice, or other distinguishing characteristics, whether in photographs, videos, or other media (including drawings or animations).

But in the case of k0doc0n, if they are purely fictional characters, with no clear connection to a real person, it does not typically meet the “identifiable minor” standard. However, it can still be illegal if deemed obscene under the Miller Test.

But what is the Miller Test?

1.) Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest. What is prurient interest? It is considered to be an unhealthy or morbid interest in sex. An unhealthy or morbid interest.

- Prurient: refers to an unhealthy, excessive, or morbid interest in sex. It implies a fixation on sexual content that goes beyond normal curiosity or appreciation, often described as lascivious, lustful, or shameful. It’s important to note that hypersexuality does not fall under this category. It’s more like an addiction.

- Interest: the material must be designed to provoke or appeal to this unhealthy sexual interest in the viewer or reader.

- Contemporary community standards: the judgement depends on the norms of the specific community where the material is being evaluated. This makes it subjective and variable across jurisdictions.

- Taken as a whole: the material is assessed in its entirely, not just isolated parts. For example, a single explicit image in a larger artistic work might not appeal to prurient interest if the work’s overall purpose is non-sexual.

2.) Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state or federal law. Great description, right?

- Patently: the depiction must be blatantly or obviously offensive, not merely suggestive or mildly inappropriate.

- Offensive: it must offend the average person’s sense of decency, based on the standards of the local community (e.g., a specific county or jurisdiction).

- Sexual conduct: typically defined by law to include explicit acts like sexual intercourse, masturbation, or other graphic sexual behaviors. I think this one kinda defines itself.

3.) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value (often referred to as the “SLAPS” test).

- Serious: the value must be substantial and genuine, not trivial or superficial. Courts look for meaningful contributions to literature, art, politics, or science. This means using it as a coping mechanism could be considered genuine, since a coping mechanism cannot be superficial.

- Literary, artistic, political, or scientific: broad categories, encompassing creative expression, cultural commentary, political discourse, and/or scientific inquiry.

- The material must be entirely devoid of serious values in these areas. If it has any significant redeeming value, it is not obscene, even if it appeals to prurient interest or is patently offensive.

The Miller Test is critical in determining if the material is obscene under federal law. If it meets all three criteria (prurient interest, patently offensive, and a lack of serious value), it can be prosecuted, even if it depicts fictional characters rather than identifiable minors.

So, with that in mind, be careful what you create. Hold true to yourself, don’t let anyone sway you and make you think you’re doing a bad thing by taking in or creating content of kodo characters. It can be for lustful reasons, it can be offensive as hell, it can have no serious value, just be sure that it’s not all three at once, or you might get in trouble. Also be sure to check your local state laws, I only listed the federal laws.

Also art styles play a big role in it as well, there’s a difference between the art being obviously cartoonish and hyper realistic (as well as ai generated, since it’s tried along with deepfakes).

Anyways this is meant to serve as a big middle finger to the antis that call k0d0c0n illegal, but also as a means of educating those same antis (if they even read this lmao)

TL;DR (although I encourage you to read the whole thing)

K0doc0n of purely fictional characters isn’t explicitly legal, unless it falls under three specific categories (prurient interest, patently offensive, and lack of serious value). Check your local state laws for more accuracy, and be careful what you create and ingest.

I implore you to do your own research as well, cuz I may be wrong about things here and there, I’m not a lawyer and I’m not well versed in the law. Take it with a grain of salt, but also take it in a positive light! We are free to create whatever we want, I just don’t want people getting locked up!

Update:

It just came to my attention that Tumblr has blocked a lot of l0li/sh0ta/k0do tags from being searched, so in order to keep my post able to be seen, I have censored those terms and removed any affiliated tags

I’m hoping it won’t be too big a deal, since I’m keeping all proship/profic tags, and I’d be surprised if there were any antis who like k0do 🤨