Legal status in the United States
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Child Pornography Prevention Act of 1996
The Supreme Court of the United States decided in 2002, and affirmed in 2004, that previous prohibition of simulated child pornography under the Child Pornography Prevention Act of 1996 was unconstitutional.[19] The majority ruling stated that "the CPPA prohibits speech that records no crime and creates no victims by its production. Virtual child pornography is not 'intrinsically related' to the sexual abuse of children."
On 30 April 2003, President George W. Bush signed into law the PROTECT Act of 2003 (also dubbed the Amber Alert Law) which again criminalizes simulated child pornography that the average person would believe to be real.[20] In December 2005, Dwight Whorley was convicted under this law [21] for receiving both "?obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males." and "?digital photographs of actual children engaging in sexually explicit conduct."[22][23] Neither Whorley's, nor any other conviction under this law has been reviewed by the Supreme Court.