U.S. Appeals Court Upholds 1st CP-Anime Conviction Under PROTECT Act

RICHMOND, Va — A federal appeals panel has affirmed the first child-porn cartoon conviction under the PROTECT Act.

A 4th U.S. Circuit Court of Appeals panel voted to dismiss the appeal of Dwight Whorley of Richmond, who is serving 20 years in prison for using a public computer for jobseekers at the Virginia Employment Commission to receive 20 anime images.

The illustrated images depicted young girls being forced to have sex with men.

Whorley also received digital photographs of actual children engaging in sexual conduct and sent and received emails graphically describing parents sexually molesting their children.

A Virginia jury previously convicted Whorley of 74 counts, including receiving obscene materials, receiving obscene visual representations of the sexual abuse of children, receiving child pornography and sending and receiving obscene emails describing the sexual abuse of children.

Whorley’s federal public defender Rob Wagner argued that child-porn cartoons, or anime, is protected under the 1st Amendment because it does not depict real children and claimed the statute is unconstitutional because text-only emails cannot be obscene.

Judges Paul V. Niemeyer and James P. Jones rejected those arguments, but Judge Gregory agreed with Whorley on those issues but joined the majority in affirming his convictions on the counts pertaining to photographs.

“Because 18 U.S.C. § 1462 punishes trafficking in commerce, not the mere possession of obscene materials, and 'receives' has a uniform meaning that is readily understood, we reject Whorley’s facial challenges,” the court ruled. “We also reject his arguments that textual matter cannot be obscene under § 1462 and that cartoons depicting minors in sexually explicit conduct must depict real-life minors to violate 18 U.S.C. § 1466A(a)(1). Finally, we reject his challenges to the district court’s procedural rulings and his sentence.”

Niemeyer noted in the majority opinion that the statute under which Whorley was convicted, the PROTECT Act of 2003, clearly states that “it is not a required element of any offense under this section that the minor depicted actually exists.”

Much of the evidence in the case was received by court order from Yahoo because Whorley used the search engine to seek out child cartoon images.

“At trial, evidence from the [Virginia Employment Commission] computer showed that Whorley conducted numerous searches on March 11 and 12, 2004, through the Yahoo search engine, using the query 'child sex play,'” the court said. “The pictures of the naked children obtained from those searches came from an Illinois website called Logical Reality.

“It also showed that on March 30, 2004, Whorley obtained the 20 Japanese cartoons from a site called Fractal Underground Studio. On the same day, he sought eight times to open sites that had been blocked on the commission’s computers.”

Federal public defender Rob Wagner, who represents the 55-year-old Whorley, said he would ask the full appeals court to reconsider the three-year-old case.

Whorley previously was sentenced to 46 months in prison for a 1999 child pornography conviction.

View Document

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More