Reply to Merry A. Kogut's Post: well the comics in question depict male/male relations.
normally if a real person were shown doing this, it would be considered porn.
but if a drawn character is depicted this way, is it still under scrutiny for "porn" or is it considered "art" therefore I wouldn't need a license/permit/paperwork?
(there was a court case about computer generated photos of child porn acts; while it was heinous in the ruling, there was relevance to it that works of "art" were not real people, so would violate the 1st amendment right to free speech, or I am being told.
so if this is the case, would it be legally sound to sell this item in question, with a disclaimer
stating that the comic in question is for 18 and up, and leave it at that?
--In the US if im understanding right has a law enacted that prevents simulation of child pornography in any form...however it was argued against that it wasn't constitutional in the ruling.
as long as it didn't depict a real person being harmed it was ok