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Man Convicted for Violating Supervised Release Terms by Searching for "Anime Child Porn"


In Virginia, Elmer Emmanuel Eychaner III, a man under supervised release, was convicted for violating his release terms by searching for “Anime Child Porn.”

In March 2008, Elmer Emmanuel Eychaner III pled guilty for possessing child porn and was sentenced to 120 months in prison and lifetime supervision. In June 2016, he was released from prison under supervised release terms. The conditions for his release were that he was not permitted access to the internet without receiving approval from his probation officer and accessing porn or images of children.

In November 17, 2017, Eychaner violated his supervised release conditions. He told his probation officer that he only uses his computer for job searches, but he bypassed the keystroke monitoring software on his computer by using the voice recognition system, Cortana. What he could not bypass was the software’s ability to take numerous screenshots of his computer activity. Eychaner called his probation officer on the morning of November 18, 2017 about returning his computer because the monitoring software was too expensive. Less than an hour later, he calls back and confesses to the probation officer that he used his computer and searched on Bing for what he described as, “anime child porn.”

Eychaner’s probation officer told him that she would be coming to collect his computer. He told her that he would be home later and that he removed the hard drive from his computer and threw it down a storm drain because he was angry with his computer and described it as “the danger zone.”

From Leagle.com's page detailing the case:

In the early evening of November 18, 2016, Probation Officers Yost and Powers went to Eychaner's residence to collect his computer. At that time, Eychaner again confessed to having viewed images he described as "anime child pornography" the night before. He then gave the probation officers his computer mouse and power cord, and led them outside the residence to a trash can where he removed the remaining pieces of his broken laptop computer and his laptop's battery. The computer was missing its hard drive, and the hard drive was never recovered.

Probation Officer Yost later took the pieces of Defendant's computer and gave them to FBI Task Force Officer Call, who then turned them over to Computer Forensic Analyst ("CFA") Jones for analysis. CFA Jones testified at trial that he could not conduct a forensic examination of the computer because of the missing hard drive. Officer Call and CFA Jones also testified about the steps that would have been taken in the investigation if there had been a hard drive to forensically analyze.

At trial, the Government published thirteen images to the jury from the complete screenshots captured from Defendant's Bing.com image searches. In their unredacted form, the screenshots show around 20 images from the results returned from Eychaner's Bing.com searches.

Eychaner was charged with five counts, which included possessing child porn and attempting to tamper with evidence. The screenshots provided from the government depicted images from hentai websites, featuring lolicon hentai, and Eychaner deleting his search history. His search terms included, “Uncensored Toddlercon Sex Comic,” “Toddlercon Sex Movies,” “show images of lolita sperm,” “show images of cg Lolita,” “Little Girls Pervert Paradise,” “VIP Zona 3D Hentai,” and more. The screenshots also showed thumbnails of two videos, one titled, “My Little Sister Can’t Be this Easily Corrupted” and the other, “3d cute loli fucked hard.”

The defense challenged the evidence, stating that there isn’t enough evidence to decide that the images depicted minors performing sexual acts instead of youthful looking characters. The defense provided Dr. Kirsten Cather Fischer, an expert on modern Japanese literature, culture, manga, and anime, to define the terms used during the trial and explain the value of lolicon, shotacon, and toddlercon. However, she could not decide whether the images pertaining to the case were of any artistic, literary, or political value, stating that a conclusion could not be made unless she knew if they were from larger work that could provide context or standalone images. Eychaner did not provide evidence to prove that the images were from a larger work.

When the trial concluded, Eychaner was convicted on the following counts: accessing with intent to view depictions of minors in sexually explicit situations; attempting to receive depictions of minors in sexually explicit situations; destroying physical evidence to interfere with an investigation; and obstruction of justice. A count of “felony offense involving a minor,” was dismissed because no real-life minors were involved with the case. Eychaner was sentenced to 235 months [19 years and seven months] of imprisonment and a supervised release period of five years.

You can read more about the case from AnimeNewsNetwork along with a heavily detailed explanation and analysis of the case from Leagle.

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