Japanese tourist arrested in Australia over child porn possession

Most Japanese manga with young girls in them are illegal in Australia.

What would happen if you told the border control that you forgot your password?

Arrest and fine. Australia has a law about this type of search. Canada, UK, and a number of other countries also demand access to portable computing devices at their borders.

Really, who keeps porn of any sort on their phones?

Whenever crossing borders, best to have a freshly wiped device with no access to anything setup. Use encrypted cloud storage for anything important that requires access using both a passphrase and U2F security device.

How come this pervert isn't named? But if it were a foreigner coming into Japan with anything he or she shouldn't have, EVERYTHING would've been available like their job, reason for coming to Japan, where they're from in whatever country they're from and how many times they've been to Japan.

Because the AUSTRALIAN border force decided not to release it? It doesn't matter what would happen in Japan, its completely irrelevant to this story. Stop trying to start something.

Educate Japanese public that child porn is illegal and carry heavy punishment outside of Japan, especially in Western countries.

Or maybe educate EVERYONE that child porn is morally messed up. Not just illegal, but wrong on every level.

As an Australian expat, I have to say that I feel the child pornography there laws there are very confusing. The legal age for pornographic images is 18, which means that anyone under that age is classed as a 'minor'. This means that you can be charged with possession of child pornography for having an pornographic image of a 17 year-old. Since pedophilia is a sexual attraction to pre-pubescent children (not just under-age), this seems a bit strange to me; I can't see how a 17 year-old and a 7 year-old could be seen as in any way equivalent.

On top of that, the law states that the image doesn't have to be of someone who is actually under the legal age - they just have to look younger or even appear to have been made to look younger. It applies to photographs, videos, digital images, and drawings - even cartoons. One man was convicted for having images of elves and fairies that looked 'child-like', even though there were not pictures of actual children. It means that you can have a picture of a 25 year-old model who looks 17 and still get arrested for possession of child-pornography; since it also applies to the written word, that technically makes ownership of books like Nabokov's "Lolita" illegal.

The most ridiculous part is that, while the anti-child pornography laws are Federal (apply to the whole country), the age-of-consent laws vary from state to state. This means that, depending on where you live, you could legally pick up a 17 year-old and have sex with them, but if you photograph them, draw their picture, or even describe the encounter graphically on your blog or in your diary, you are guilty of producing child-pornography and could end up in jail.

I am all in favor of protecting children from exploitation, but Australia's laws seem confused and overly punitive to me.

"Most Japanese manga with young girls in them are illegal in Australia."

Because it's a meme country where even a a-cup is absolutely haram!

"now let him rot in an Australian prison his worst nightmare is about to begin."

What a waste of taxpayer money. Just deport the subject where they came from.

Bye bye Japanese man. You are gonna spend the next few years of your life in an Australian prison where kiddy fiddlers get very special attention and treatment - from the other inmates.

Simply disgusting,I’m sure the Japanese media won’t make a fuss about this case.

But if something like this might happen the other way around then the holy inquisition will move to stigmatize those evil peski gaijin.

That guy deserves a few years in a good Australian detention centre.

Western visitors visiting Japan next year during the Olympics are going to be absolutely horrified by what they see at Japanese convenience stores.

Foreigner here. What will we see??

Samit Basu:

Western visitors visiting Japan next year during the Olympics are going to be absolutely horrified by what they see at Japanese convenience stores.

Please enlighten us what they will see. I have met plenty of foreign tourists and dont remember any who was "absolutely horrified by what they saw at Japanese convenience stores".

As for the guy in Perth, if feel sympathy for the police officers who have to watch all this garbage. 200 files, and 300 to go... I would not want to be in their shoes.

Is it normal procedure in Australia to check the phones of all international visitors? What kind of situation would justify checking someones phone?

What if you have sexually explicit photos and videos of two consenting adults on your phone?

I would be surprised if Japan shows some reciprocity and require the same next year especially during the Olympics.

@do the hustle

Australian border forces have the right to do just about anything to you. I suspect this creep was checking out his child porn on his phone and somebody spotted him and alerted the authorities.

Yeah, probably.

Australia takes child porn and teenage internet grooming very seriously and set many traps to catch these creeps. The penalties are extensive jail time as well.

I just checked. It seems these laws stem from Aussies and Kiwis going to South East Asian countries for sex tourism with underage children. Apparently, there used to exist a large network that was busted.

All the stone throwers (stoners!?) above be careful and check your own phones first.

yeah, seems like a sleaze bag but just wonder what intel got them to check his phone to find 300-odd videos. I’d be more concerned about photos especially original ones.

Just do’t know enough yet.

What right do they have to search a private personal communications device?

He’s trying to enter the country and the country has the right to ensure that prohibited items, such as child pornography, are not brought into the country.

They're within the law. If they hadn't checked this hentai's phone, he wouldn't have been caught.

You’re right that they’re within the law, but your second sentence is irrelevant as to whether it’s legal. The ends do not justify the means.

At the airport:

https://images.thewest.com.au/publication/B881372370Z/1572845114596_GC12G4RRC.1-0.jpg?imwidth=1024&impolicy=wan_v3

What right do they have to search a private personal communications device?

They're within the law. If they hadn't checked this hentai's phone, he wouldn't have been caught.

What's to stop them downloading your contacts, browser history, etc?

Nothing. They can do it.

@juminRhee

Incorrect, he was in possession of the material when he arrived into the country - that is the offence. It doesn’t matter where it came from or if he had it in Japan when he left. The offence is being in possession of it.

Have a mate that works in border control in Australia and they have become very good at spotting 'the type'.

Perverts be warned, may wanna think twice about coming to Australia if you are a pedo.

Dothehustle:

Prn and nudity are 2 different things. You can have a painting of a nude Cupid, but you can't have said Cupid doing anything sxual.

the age of consent in Japan is 13

People keep referring to this erroneously due to a simple Google search without reading further into the matter

Basically, the age of consent in Japan is like the minimum wage in the US - the federal government can set a minimum wage, but US states are free to set their own minimum wage as long as it's not lower than the federal minimum wage

The prefectures of Japan have, for all intents and purposes, set higher ages of consent than set by the Japanese government. So if one simply uses the Japanese government's age of consent, you may find yourself in trouble when you find out that the Japanese prefecture you're in actually has a higher age of consent than the national government

It doesn't seem fair to punish him for something that is legal in Japan

One has to know the laws of the country you're going into:

For example, if ya come from a country where marijuana is legal, then go into a different country where marijuana is illegal

Japanese love very young girl in student uniform. looks a standard here.

To the downvoter, “child abuse material” or “child exploitation material” is the more appropriate term used here.

I don't claim to know a lot about this subject, but a Google search says that the age of consent in Japan is 13, while the age of consent in Australia is 16 or 17, depending on location. I personally am ok with the age of consent being around 18 (even here in the States it varies by location), but one should recognize differences in cultures. It doesn't seem fair to punish him for something that is legal in Japan (if indeed the videos are of females of the legal age in Japan), even if I personally find what he did repugnant. Send him back home with a warning?

For crossers carrying something illegal in Canada that's legal in the states...or a state (like certain weapons).

They must have been tipped off somehow. Possibly someone saw him looking at such sick stuff on his phone on the flight or airport? Or was it a sting operation with the police acting as potential clients in Australia and asked him to fly down with the videos? The Australian police have done such operations before. Anyway, good to see this sicko/pervert will have multiple years with some very adult male inmates to think about how stupid he is.

What is considered manga train reading material is illegal in Australia. Anything that is suggestive is illegal, that includes young anime girls in sexually suggestive drawings (fully clothed).

@Strangerland Today 06:26 am JST

Maybe this will get deleted again, but why do you insist he was "trying" to bring prohibited materials to Australia or analogizing this case to smuggling? Both would mean he actually knows it is illegal and intentionally tried to bring it in anyway. Don't you think the probability favors him simply not realizing he has to take any precautions with his smartphone just making a visit to an ostensibly-free First World nation?

And while Ignorantia juris non excusat, the reality is that even the basics of domestic law is not a part of compulsory education, and the only part that might realistically be taught is something of the Constitution.

why do you insist he was "trying" to bring prohibited materials to Australia or analogizing this case to smuggling? 

Because he was trying to bring prohibited material into Australia - AKA smuggling.

Both would mean he actually knows it is illegal and intentionally tried to bring it in anyway. 

Knowledge of the law is not required to break it. If he knew the materials were on his phone - he is guilty. The only defence would be if someone snuck the materials on without his knowledge.

while Ignorantia juris non excusat, the reality is that even the basics of domestic law is not a part of compulsory education

If you enter a country, the onus is on you to research whether you are permitted to bring in the items you are bringing in. If you choose not to, you may end up In jail. Like this guy.

This guy looks to have committed an offence that’s is illegal and particularly frowned upon in the country where he committed the infraction, and if that’s because he didn’t do his due diligence it’s his own fault and should be a lesson to others on exactly why it’s so important to be diligent.

I'd pay good money to see his face as he enters the slammer, you gonna be someones little girl now, scum.

Numan - Is it normal procedure in Australia to check the phones of all international visitors? What kind of situation would justify checking someones phone?

Australian border forces have the right to do just about anything to you. I suspect this creep was checking out his child porn on his phone and somebody spotted him and alerted the authorities.

What if you have sexually explicit photos and videos of two consenting adults on your phone?

Sexually explicit images or videos between two consenting adults is not illegal.

Australia takes child porn and teenage internet grooming very seriously and set many traps to catch these creeps. The penalties are extensive jail time as well.

WilloB:

Law enforcenment kiddie view - That's where the smart paedos would be...They can legally watch then.

Numan:

It would be funny if Japan arrested Aussies coming in with adult prn on their phones. Can't have pics of over 18s. They'll have to rot in prison, though their prisons are better secured internally (ie no prison rpes).

Not a barrister, but strongly considering...

Lostrune2:

I've seen this issue in Canada. They're supposed to deport to US borders and customs custody, but likely due to treaty arrangements.

Austpaul:

I think we agree fundamentally of the crime. I was referring to extradition treaties. Prior to legalization of cannabis, if a Canadian border agent found on person or vehicle coming from the US, that agent hands over to US border agents. It's still a crime, it's just prosecuted in the suspect/perps home country. If Japan and Australia had such, he should be returned to Japan. Illegal in both countries, but even if punishment varies l, the treaty still stands (ie 10 years imprisonment in Australia v ¥500,000 fine in japan [example - unsure of punishments]). I have seen some countries that dont have extradition treaties and that causes issues. It is illegal to consume alcohol in some countries, in some there is imprisonment (not illegal in host country). If caught in prostitution in some countries, the perp could be stoned (Illegal in host country, but not same punishment). Therefore, I am a proponent of such returns to home country.

Apologies if I sound off. Trying to come from a legal Pov as well as the reciprocity warnings.

You play the crime, you do the time! Bittersweet justice!

juminree:

Law enforcenment kiddie view - That's where the smart paedos would be...They can legally watch then.

What? Scratching my head what you are trying to say here.

Legally, it is shaky. If the material came from within Japan while he was in Japan, there is a strong case for immediate return and japanese prosecution as Australia has little standing. 

He was trying to bring prohibited materials into Australia. The laws of another nation are irrelevant. He was breaking Australian law, and it’s the responsibility of all travellers to research the laws of the nation they are traveling to ensuring they are not in violation.

People regularly get caught smuggling drugs into Australia and they prosecute them accordingly. Child porn will be no different.

@Strangerland Today 11:55 am JST

Because he was trying to bring prohibited material into Australia - AKA smuggling.

I agree "trying to bring prohibited material" is roughly equivalent to smuggling. I'm just not sure whether you can say one is "trying" to do something when what happened is almost certainly not Action, but Omission/Inaction from Unconscious Negligence.

If you enter a country, the onus is on you to research whether you are permitted to bring in the items you are bringing in. If you choose not to, you may end up In jail. Like this guy.

And as I said, this is a burden that ignores reality. People don't even know what laws are in their own country, nor are their legislatures working to make it more realistic to actually know it, with punishable offences scattered all over the breadth of the law. Ironically, Russia and China actually score well in this regard because at least all their crimes are in ONE code which makes it at least less of a pipe-dream to be obliged to study that one code.

I agree "trying to bring prohibited material" is roughly equivalent to smuggling. I'm just not sure whether you can say one is "trying" to do something when what happened is almost certainly not Action, but Omission/Inaction from Unconscious Negligence.

I see nothing to suggest it's 'amost certainly' not intentional. He may very well have been bringing it into Australia to sell it.

Regardless, you seem to be suggesting that guilt in this case is dependent upon intent. It's not. The onus is on travelers to ensure they are not carrying prohibited goods into a country. Whether he intended to smuggle child porn or not is irrelevant - he was doing it.

as I said, this is a burden that ignores reality.

Your comment is one that ignores reality. The reality is EVERY country out there will arrest you if you try to bring in prohibited materials. If you're lucky, they may show mercy and simply deport you. No one should count on that ever though.

@StrangerlandToday 09:39 am JST

He may very well have been bringing it into Australia to sell it.

If he's a smuggler, he would have taken more precautions, and the contraband won't be on his phone. Most likely, it'll be on some cloud drive - he can always pull the pictures down onto his phone via an encrypted connection once he passes immigration. Or at least a little micro-SD plugged into his camera, so they are less likely to suspect it.

As for whether intent is required, it depends on the charge. If you said he's guilty of "possessing" forbidden pictures. I'll roll with it, but not with "attempting" to bring child porn material because there is simply no attempt involved.

As I said, I acknowledge the reality of Ignorantia juris non excusat but don't think it is just to apply it for an unintentional, victimless crime (it's quite likely they are anime pictures). I hope they'll take up your proposed option of deporting him and be done with it.

If he's a smuggler, he would have taken more precautions, and the contraband won't be on his phone.

Faulty logic. He may just be not a very good smuggler. Maybe he thought they wouldn't check his phone. Maybe he thought they couldn't. Maybe he thought he could talk his way out of it if they wanted to see his phone. There are to many alternatives to your theory to be able to make the conclusion you came to.

As I said, I acknowledge the reality of Ignorantia juris non excusat but don't think it is just to apply it for an unintentional, victimless crime

Child porn is not a victimless crime.

(it's quite likely they are anime pictures)

I could just as easily say it's quite likely they are pictures of real children whom someone made porn from. Both are speculation neither can be concluded, and therefore neither can be considered a valid argument.

@StrangerlandToday 09:38 am JST

Maybe he thought they wouldn't check his phone. Maybe he thought they couldn't.

Exactly. Australia is a first world country. Freedom of speech! You don't expect to get checked and imprisoned over stuff lying harmlessly in your phone!

But you didn't even seriously consider this possibility when it favors him - you just said he was "smuggling" and "trying". :-)

Of course, there is such a thing as an idiot criminal, but the information given does not favor that possibility.

I could just as easily say it's quite likely they are pictures of real children

Here's one reason why the odds favor them being anime pictures: they are legal where he came from. Thus they are a lot easier to find. Sure, I'm certain if you DIG you can find illegal porn taken with real children, in Japan or anywhere, but the anime stuff is still so much more accessible.

Exactly. Australia is a first world country. Freedom of speech! You don't expect to get checked and imprisoned over stuff lying harmlessly in your phone!

If you fly into any country containing materials that you hope are clear based on your expectations rather than actual law, you are a complete moron and unfortunately deserve the punishment for the crime.

Of course, there is such a thing as an idiot criminal, but the information given does not favor that possibility.

I agree, it’s more likely he was knowingly trying to smuggle in child porn with real children, for sale in Australia.

Here's one reason why the odds favor them being anime pictures: they are legal where he came from

Um, what are you basing this on? Nothing in the article indicates that to be true.

Can we change the wording from “child porn material” to ‘child abuse material’. The latter should be the more accepted term

Is it normal procedure in Australia to check the phones of all international visitors? What kind of situation would justify checking someones phone.?

Hello N.....uman !! Jerry here !

Their rules - their calls . We might not like it but somehow, we long ceded our sovereignty to our gvmts for the " greater good " .

What if you have sexually explicit photos and videos of two consenting adults on your phone?

Kramer would advise you to strictly keep those VERY private, better still, don't store them. Ask Elaine.

I would be surprised if Japan shows some reciprocity and require the same next year especially during the Olympics.

Shouldn't be a surprise now, should it ? Monkey see monkey do, is an accepted thing sometimes.

1glenn:

Legally, it is shaky. If the material came from within Japan while he was in Japan, there is a strong case for immediate return and japanese prosecution as Australia has little standing. If the material were from overseas (internet), then it becomes under international law and Australia would have a right to prosecute, assuming Japan signed such international law. Similar to crossing state lines in the US makes a state crime into a federal crime.

ksteerNov. 5 08:59 am JSTHow come this pervert isn't named? But if it were a foreigner coming into Japan with anything he or she shouldn't have, EVERYTHING would've been available like their job, reason for coming to Japan, where they're from in whatever country they're from and how many times they've been to Japan.

Because the AUSTRALIAN border force decided not to release it? It doesn't matter what would happen in Japan, its completely irrelevant to this story. Stop trying to start something.

Maybe the Aussie authorities didn't release his name for a certain reason, who knows? If he were a celebrity like R Kelly we would all know that, wouldn't we?

indigoNov. 5 11:02 am JSTJapanese love very young girl in student uniform. looks a standard here.

We have a similar pedo fetish culture here in America. It's very sick and disgusting. Child exploitation and kiddie porn is child abuse, period. I hope the Aussies lock this stupid sick puke away for a long long time.

How come this pervert isn't named? But if it were a foreigner coming into Japan with anything he or she shouldn't have, EVERYTHING would've been available like their job, reason for coming to Japan, where they're from in whatever country they're from and how many times they've been to Japan.

officials discovered more than 200 video files and images that are alleged to depict "the sexual abuse or exploitation of children," Australian Border Force said in a statement.

An additional 300 videos have also been found on his phone and will be examined in the coming weeks, according to the border force.

We can most likely safely assume most if not all of the videos are child porn.

What a hentai. Lock him up. Confiscate his assets to go toward his prison time.

@Howaitosan - The most ridiculous part is that, while the anti-child pornography laws are Federal (apply to the whole country), the age-of-consent laws vary from state to state. This means that, depending on where you live, you could legally pick up a 17 year-old and have sex with them, but if you photograph them, draw their picture, or even describe the encounter graphically on your blog or in your diary, you are guilty of producing child-pornography and could end up in jail.

its not confusing at all. Taking pictures of girls under 18 is child pornography. How is that confusing. Men under 25 can date girls between 16 and 18. Many years ago, one of my mates picked up a girl in a pub and went back to her place. Her parents came home and caught him in bed with her. He was 27 at the time. It turned out the girl was only 17. He was charged and spent two years in prison for having sex with an under age girl, despite the fact she told him she was 19. The laws are only confusing to those who don’t know them. Ignorance is not an excuse!

Educate Japanese public that child porn is illegal and carry heavy punishment outside of Japan, especially in Western countries.

Western visitors visiting Japan next year during the Olympics are going to be absolutely horrified by what they see at Japanese convenience stores.