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Q: Impact of Texas bill SB20 on anime and manga due to obscenity concerns.
I am concerned about Texas bill SB20 and how it may affect personal consumption of anime and manga, such as popular series like Bleach or Naruto, given its broad definition of obscenity. Can you explain the potential impact of this bill on these forms of entertainment and what might be considered obscene under this legislation?
A:
The proposed version of SB 20 incorporates the following definition of obscenity contained within the Texas Penal Code.
"Obscene" means material or a performance that:
(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
(B) depicts or describes:
(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or
simulated, including sexual intercourse, sodomy, and sexual bestiality; or
(ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd
exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male
genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the
human genital organs; and
(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.
A: There are significant political pressures, not only in Texas, to broaden the definition of obscenity and to enforce it more strictly. You are right that manga and anime collectors could be impacted. In 2009 Christopher Handley, a manga collector in Iowa, was sentenced to six months in prison over a manga comic depicting minors. However that manga was far more explicit than Bleach or Naruto. And there are anime shows currently on mainstream streaming services, such as Ranma ½, that contain underage nudity. And in a 2021 case in which a Texas man was charged over obscene drawings, those that showed simple underage nudity - and even implied masturbation in one case, but no other sexual contact - were also not found to be obscene. Therefore as things stand, it is unlikely that mainstream manga or anime works will be affected by SB20. With that said, there are still constitutional questions over laws such as this, because the Supreme Court has previously ruled that the mere possession of obscene material cannot be criminalized. So you are wise to be concerned about this law and how it affects the constitutional rights of anime and manga fans.
A:
You might have heard that Texas Senate Bill 20 now makes it a crime to possess or share what the state calls “obscene visual material” if it appears to show anyone under 18 in sexual conduct. That definition explicitly covers cartoons, anime, or even AI-generated images, not just live-action photos or videos.
Under the bill, “obscene” means material that an average person would say appeals to prurient interest, depicts patently offensive sexual acts—like intercourse, masturbation, or lewd exhibition of genitals—and lacks serious literary, artistic, political, or scientific value. Even stylized or exaggerated characters in Bleach, Naruto, or other series could fall under this definition if someone argued that a scene shows underage-looking characters in a sexualized state. That uncertainty could prompt distributors and streaming platforms to err on the safe side, pulling content or restricting access in Texas.
You would face criminal penalties for owning or viewing any scene judged obscene under these terms, ranging from a state jail felony up to a second-degree felony for repeat offenses. While mainstream anime usually avoids explicit underage sex, fan art or more risqué subgenres could become targets. The vague language and fear of prosecution may chill your ability to legally buy, download, or gift manga and anime depicting youthful characters in borderline situations.
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