Ren'Py The Legality of hardcore content?

[Stalker Seducer]

I want to make a game with super hardcore content, rape, slavery, murder, torture, necro, beastiality, basically everything that might be considered "fucked up" besides underaged characters (I already know that one is illegal in America) so my question to the lawyers of F95.

Could i get in trouble for making a game with fucked up content? am i going to be in court in 10 years for a stupid hentai game i forgot i even made? and if i could what is the likelihood and/or do you know of any cases of this happening?

I live in America, i am making the game with Renpy, i am using AI to generate the art and music, it will be in a fantasy setting with very little correlation to the real world, the game will be 100% free and open source, and i will probably post it on F95 exclusively.

There will be no underaged characters but every other "fucked up" fetish is on the table as i said before, under these circumstances am i likely to run into trouble? i don't know much about the porn game industry/community and even less about legality so any information may help ease my mind.

Also, side question. why is incest often replaced with step-incest and beastiality is only in very few games? are they actually illegal to show in fantasy or is it like a patreon thing why they are so rare?

Side, side, question. are games about rape and slavery common in the porn game community? the only ones i have played have been Japanese and i know Japan is pretty relaxed about that kind of thing, is it common among western games?

 

[Stalker Seducer]

Count Morado Insomnimaniac Games Jaike Succubus Hunter Meaning Less

You guys seem smart and well adjusted to the porn community, what are your thoughts?

 

[Count Morado]

I want to make a game with super hardcore content, rape, slavery, murder, torture, necro, beastiality, basically everything that might be considered "fucked up" besides underaged characters (I already know that one is illegal in America) so my question to the lawyers of F95.

I live in America, i am making the game with Renpy, i am using AI to generate the art and music, it will be in a fantasy setting with very little correlation to the real world, the game will be 100% free and open source, and i will probably post it on F95 exclusively.

i don't know much about the porn game industry/community and even less about legality so any information may help ease my mind.

1. Could i get in trouble for making a game with fucked up content?
2. am i going to be in court in 10 years for a stupid hentai game i forgot i even made?
3. and if i could what is the likelihood and/or do you know of any cases of this happening?
4. There will be no underaged characters but every other "fucked up" fetish is on the table as i said before, under these circumstances am i likely to run into trouble?
5. Also, side question. why is incest often replaced with step-incest and beastiality is only in very few games?
6. are they actually illegal to show in fantasy or is it like a patreon thing why they are so rare?
7. Side, side, question. are games about rape and slavery common in the porn game community?
8. the only ones i have played have been Japanese and i know Japan is pretty relaxed about that kind of thing, is it common among western games?

First - TL;DR: It depends.

Second - you're asking anonymous people on the internet. In a forum which has content which is available for people to download without properly compensating the creators/IP owners/copyright holders, no less. If you have actual concerns, you should either contact a licensed attorney who has experience with such matters in your state (since you live in the USA). Or, at the very least, doing a search in your state's code of laws.

Third - some initial takes on your questions:

1. Possibly. USA is more open to the creation of fictional content that deals with violence than with sex, so some of your content is more accepted than others. This is a question for an attorney.
2. Possibly. If it is illegal now and you create it, if it is discovered and your identity is discerned, you could find yourself at the mercy of the hands of a zealous prosecutor. This is a question for an attorney.
3. It's always a risk. I am not familiar with the judicial history of such cases in the USA. This is a question for an attorney.
4. Possibly. While on first blush the topics you have chosen do not appear to violate federal laws - they could run afoul of state laws. This is a question for an attorney.
5. For games made by people in the USA (other countries have their own laws) - incest fiction is not illegal, federally (and I doubt in the states as well - though I am not sure). Same with bestiality. However, to be sure, this is a question for an attorney.
6. Incest and bestiality is not allowed in content on many funding platforms, if it does not have some kind of merit (see the "Miller Test" for how US courts determine merit - corporations do not need to follow, but they do tend to use it as a guide). Putting it into a game with the sole intent to titillate makes a difficult case for merit. However, to be sure, this is a question for an attorney.
7. Don't know. Rape seems to be - rape is the nonconsensual sexual activity. It need not be violent - ergo, sleep sex, drunk sex, high sex, coercive sex, etc usually are all considered rape for the funding platforms. If consensual sexual activity cannot be differentiated sufficiently from what could be perceived as nonconsensual sexual activity - the platform typically errs on the noncon side and flags it.
   Slavery is not as common.
8. You know, for questions 7 and 8 - you could do tag searches and make your own conclusions (right or wrong).

 

[Stalker Seducer]

First - TL;DR: It depends.

Second - you're asking anonymous people on the internet. In a forum which has content which is available for people to download without properly compensating the creators/IP owners/copyright holders, no less. If you have actual concerns, you should either contact a licensed attorney who has experience with such matters in your state (since you live in the USA). Or, at the very least, doing a search in your state's code of laws.

Third - some initial takes on your questions:

1. Possibly. USA is more open to the creation of fictional content that deals with violence than with sex, so some of your content is more accepted than others. This is a question for an attorney.
2. Possibly. If it is illegal now and you create it, if it is discovered and your identity is discerned, you could find yourself at the mercy of the hands of a zealous prosecutor. This is a question for an attorney.
3. It's always a risk. I am not familiar with the judicial history of such cases in the USA. This is a question for an attorney.
4. Possibly. While on first blush the topics you have chosen do not appear to violate federal laws - they could run afoul of state laws. This is a question for an attorney.
5. For games made by people in the USA (other countries have their own laws) - incest fiction is not illegal, federally (and I doubt in the states as well - though I am not sure). Same with bestiality. However, to be sure, this is a question for an attorney.
6. Incest and bestiality is not allowed in content on many funding platforms, if it does not have some kind of merit (see the "Miller Test" for how US courts determine merit - corporations do not need to follow, but they do tend to use it as a guide). Putting it into a game with the sole intent to titillate makes a difficult case for merit. However, to be sure, this is a question for an attorney.
7. Don't know. Rape seems to be - rape is the nonconsensual sexual activity. It need not be violent - ergo, sleep sex, drunk sex, high sex, coercive sex, etc usually are all considered rape for the funding platforms. If consensual sexual activity cannot be differentiated sufficiently from what could be perceived as nonconsensual sexual activity - the platform typically errs on the noncon side and flags it.
   Slavery is not as common.
8. You know, for questions 7 and 8 - you could do tag searches and make your own conclusions (right or wrong).

I guess my question is more directed at "is it likely to be a problem?" i know you can basically be sued for anything if somebody tries hard enough, but how hard is somebody really going to come after my free hentai game for fringe content?

Since i'm an anonymous dev only posting it on F95, this site would have to give them my IP which i assume they would only do if contacted by a serious legal organization such as the FBI. i would assume serious people like that wouldn't really care about my free hentai game, if somebody has a problem with my hentai game (The company who owns Renpy for example) i would assume they request it be taken down before making it personal.

But these are a lot of assumptions and honestly the F95 mods might have better information then the users in this case, i just wanted to gather as much information as possible.

In particular i have seen people on this site display an almost cyberstalker level of knowledge about game devs, if nobody has ever known of an event like this happening before i probably won't worry.

 

[Imisx]

I want to make a game with super hardcore content, rape, slavery, murder, torture, necro, beastiality, basically everything that might be considered "fucked up" besides underaged characters (I already know that one is illegal in America) so my question to the lawyers of F95.

Could i get in trouble for making a game with fucked up content? am i going to be in court in 10 years for a stupid hentai game i forgot i even made? and if i could what is the likelihood and/or do you know of any cases of this happening?

I live in America, i am making the game with Renpy, i am using AI to generate the art and music, it will be in a fantasy setting with very little correlation to the real world, the game will be 100% free and open source, and i will probably post it on F95 exclusively.

There will be no underaged characters but every other "fucked up" fetish is on the table as i said before, under these circumstances am i likely to run into trouble? i don't know much about the porn game industry/community and even less about legality so any information may help ease my mind.

Also, side question. why is incest often replaced with step-incest and beastiality is only in very few games? are they actually illegal to show in fantasy or is it like a patreon thing why they are so rare?

Side, side, question. are games about rape and slavery common in the porn game community? the only ones i have played have been Japanese and i know Japan is pretty relaxed about that kind of thing, is it common among western games?

I'm not a lawyer but you should be fine if you avoid pedo. Legal or not, no one cares about anything else. Don't forget disclaimers though.

 

[Stalker Seducer]

I'm not a lawyer but you should be fine if you avoid pedo. Legal or not, no one cares about anything else. Don't forget disclaimers though.

Don't worry i'll dump a annoying amount of disclaimers.

 

[Insomnimaniac Games]

I guess my question is more directed at "is it likely to be a problem?" i know you can basically be sued for anything if somebody tries hard enough, but how hard is somebody really going to come after my free hentai game for fringe content?

I've only ever heard of one dev actually being arrested, and that was Westy in Australia, and it was for obvious pedo stuff. In the US, the most likely scenario is the game goes completely ignored, as long as it's all fictional, meaning no real porn used. The most likely "bad scenario" is being sent some sort of cease and desist, but I've never actually heard of that happening to anyone besides parody game devs. (Like pokemon games)

Note: I am not a lawyer, and this should not be taken as legal advice. You should do some of your own research, and realize even the US Supreme Court has trouble deciding what's "obscene" and a lot of lawyers think the Miller test is stupid.

 

[Stalker Seducer]

I've only ever heard of one dev actually being arrested, and that was Westy in Australia, and it was for obvious pedo stuff. In the US, the most likely scenario is the game goes completely ignored, as long as it's all fictional, meaning no real porn used. The most likely "bad scenario" is being sent some sort of cease and desist, but I've never actually heard of that happening to anyone besides parody game devs. (Like pokemon games)

That was my assumption, i too have only heard of lolicon artists/devs getting hit with the book. but i wanted to check around and see if anybody else knew something i didn't before i make a game that the main plot is literally you working as a slaver.

I'm already working on a femdom heavy game that i didn't bother checking for because femdom "rape" and femdom "slavery" just isn't taken seriously by anyone. but a game where you are capturing, raping, and enslaving girls? that might be taken a little more seriously, even if they are mermaids and other fantasy races.

 

[Cartman-Brah]

I'm not a lawyer, but I've never seen or heard of anyone getting jailed for making hardcore games. The worst that could probably happen is your Patreon page getting shut down, but there are alternatives for that too.

 

[Stalker Seducer]

I'm not a lawyer, but I've never seen or heard of anyone getting jailed for making hardcore games. The worst that could probably happen is your Patreon page getting shut down, but there are alternatives for that too.

My game is going to be open source, no need to worry about that.

 

[woody554]

the us is going down though. now it's abort being criminalized, next year it might be a lot of other stuff the christian conservative right wants to ban. the same people who pushed credit card companies to pressure patreon into its current policy on smut.

in a couple of years what goes for 'criminal indecent content' might cover all of your extreme tags. and there's no supreme court that would save you like larry flynt anymore, in case the christian conservative money wants all this immoral smut criminalized. they've already said they want porn illegal for years.

 

[Stalker Seducer]

the us is going down though. now it's abort being criminalized, next year it might be a lot of other stuff the christian conservative right wants to ban. the same people who pushed credit card companies to pressure patreon into its current policy on smut.

in a couple of years what goes for 'criminal indecent content' might cover all of your extreme tags. and there's no supreme court that would save you like larry flynt anymore, in case the christian conservative money wants all this immoral smut criminalized. they've already said they want porn illegal for years.

True and based, fuck christians embrace satanic big titty goth GF.

Well i would... if i had one ;-;

 

[Deleted member 7357281]

I want to make a game with super hardcore content, rape, slavery, murder, torture, necro, beastiality, basically everything that might be considered "fucked up" besides underaged characters (I already know that one is illegal in America) so my question to the lawyers of F95.

Could i get in trouble for making a game with fucked up content? am i going to be in court in 10 years for a stupid hentai game i forgot i even made? and if i could what is the likelihood and/or do you know of any cases of this happening?

I live in America, i am making the game with Renpy, i am using AI to generate the art and music, it will be in a fantasy setting with very little correlation to the real world, the game will be 100% free and open source, and i will probably post it on F95 exclusively.

There will be no underaged characters but every other "fucked up" fetish is on the table as i said before, under these circumstances am i likely to run into trouble? i don't know much about the porn game industry/community and even less about legality so any information may help ease my mind.

Also, side question. why is incest often replaced with step-incest and beastiality is only in very few games? are they actually illegal to show in fantasy or is it like a patreon thing why they are so rare?

Side, side, question. are games about rape and slavery common in the porn game community? the only ones i have played have been Japanese and i know Japan is pretty relaxed about that kind of thing, is it common among western games?

I don't see as to how it would be illegal as we have so many movies with some pretty fucked up content. Now I'm no lawyer just a professional coomer just putting it out there. The only thing I could think of and that is work life but since you ain't out here posting you're real life you should be fine. Incest is looked down in the western world so I'm not surprised you don't see it much here also I did hear from other devs that pateron does have rules against some porn content FYI if you do use them for support. Beastiality also in the same vein peeps don't like here in the west so you won't see it too often tho I've seen some more games with that in it rather than incest. Rape slavery and others alike tend to be very rare because of the history here in the states idk about Europe (if I had to guess y we don't see much here in the U.S could be wrong.)



I would say in the end it's fine none of the people are real and it's all just fantasy.

 

[OldSailor]

All right. I've been in the gaming community for a long time and I'm in contact with a lot of developers. And I know game developers who have been prosecuted in cases similar to what you're talking about. I know three different names that have been prosecuted in Texas, North Carolina, L.A. They were prosecuted, not for slavery, but for rape content and for making game characters “appear to be under the legal age limit” because they apparently didn't state the ages of the characters in the game. Each of them was detained in their homes by local police and some of them even had their homes searched with a search warrant issued by the Supreme Court. Their digital materials were seized and analyzed. As you can imagine, especially if you're in a small state, you don't like the local police knowing what's going on with your computer and your phone. Anyway, this is all my fabrication and you have read this far. Go and get yourself a lawyer or avoid anything suspicious, man.

 

[Stalker Seducer]

All right. I've been in the gaming community for a long time and I'm in contact with a lot of developers. And I know game developers who have been prosecuted in cases similar to what you're talking about. I know three different names that have been prosecuted in Texas, North Carolina, L.A. They were prosecuted, not for slavery, but for rape content and for making game characters “appear to be under the legal age limit” because they apparently didn't state the ages of the characters in the game. Each of them was detained in their homes by local police and some of them even had their homes searched with a search warrant issued by the Supreme Court. Their digital materials were seized and analyzed. As you can imagine, especially if you're in a small state, you don't like the local police knowing what's going on with your computer and your phone. Anyway, this is all my fabrication and you have read this far. Go and get yourself a lawyer or avoid anything suspicious, man.

If i do something like state at the begining of the game "all characters are over the age of 21" would that fix the issue?

Also were they popular devs? and were they making money from their games? what was their ultimate sentence?

 

[Gato21]

If i do something like state at the begining of the game "all characters are over the age of 21" would that fix the issue?

Also were they popular devs? and were they making money from their games? what was their ultimate sentence?

"Anyway, this is all my fabrication and you have read this far."

 

[Hagatagar]

If i do something like state at the begining of the game "all characters are over the age of 21" would that fix the issue?

No.
That kind of disclaimer is just something to use if real people with real ages are present in the media, not for pixels without any age, in that case it's just a fake safety blanket for devs to hide under and pretend the evil monster can't see them.

People may compare it to the "You have to be 18+ to play", but it's not the same.

 

[Erosoft]

If your game is truly FOSS and published on F95 you do not need to worry about any of that. Do not include real-life photography of underage characters, lewded or not, though I hope you already know that. Further, do not use real-life photography that is purported to be an underage character (i.e. the photographed model is not underage, but the in-game text suggests the associated character is). This will be grounds for investigation.

You claim you are using AI-generated art. As an addendum to the points above, to be safe, do not use photorealistic models to generate underage characters. This could be grounds for investigation.

All of this only applies to the United States and Japan. I am not familiar with the laws of any other country. I can offer some sources for historical rulings in either country.

Also do be aware that the police are not the only source of troubles for you. If you create a really vile and objectionable game, you could face harassment from other groups. This can be extended to things like politics as well. The developer of LonaRPG decided to include an unskippable "Taiwan liberation message" upon game boot-up which I find unwise.

 

[Stalker Seducer]

If your game is truly FOSS and published on F95 you do not need to worry about any of that. Do not include real-life photography of underage characters, lewded or not, though I hope you already know that. Further, do not use real-life photography that is purported to be an underage character (i.e. the photographed model is not underage, but the in-game text suggests the associated character is). This will be grounds for investigation.

You claim you are using AI-generated art. As an addendum to the points above, to be safe, do not use photorealistic models to generate underage characters. This could be grounds for investigation.

All of this only applies to the United States and Japan. I am not familiar with the laws of any other country. I can offer some sources for historical rulings in either country.

Also do be aware that the police are not the only source of troubles for you. If you create a really vile and objectionable game, you could face harassment from other groups. This can be extended to things like politics as well. The developer of LonaRPG decided to include an unskippable "Taiwan liberation message" upon game boot-up which I find unwise.

I'm only going to be using AI generated art of anime characters, nothing realistic looking.

But i do plan on my main girl having small breasts, she is cannonically 23... but to a lot of people small breast = child... even tho i literally know a 28 year old woman with a washboard flat chest... but i digress.

My game will surely piss off any victims of rape, molestation, or human trafficking, that is basically unavoidable for a game with rape and slavery fetishes. other then that, it will be a fantasy game in a fantasy world, almost no real world politics to get caught up on unless green skinned orc racism counts.

 

[Erosoft]

But i do plan on my main girl having small breasts, she is cannonically 23... but to a lot of people small breast = child... even tho i literally know a 28 year old woman with a washboard flat chest... but i digress.

My game will surely piss off any victims of rape, molestation, or human trafficking, that is basically unavoidable for a game with rape and slavery fetishes. other then that, it will be a fantasy game in a fantasy world, almost no real world politics to get caught up on unless green skinned orc racism counts.

Nobody in the real world actually cares about this stuff. Reasonable people understand fictional works are just that. You'll occasionally see people throwing tantrums on Twitter, reddit, etc. but those are such a small minority and you don't need to worry about it.

It takes a LOT for a sizable number of people to become upset over something you make, let alone notice it to begin with. Go wild.