Our government has a vested interest in protecting the well-being of children, so it has passed strict laws against crimes like molestation, sexual assault and child pornography.
It’s widely known that if a person is convicted of a sex crime against a child, they could face severe fines, jailtime and registration as a sex offender. However, many might not know that it’s possible to be charged for child pornography simply by watching some types of cartoons.
Under the PROTECT Act of 2003, any obscene image that depicts a minor qualifies as child pornography in the United States. The scope of the act isn’t limited to photos of children; it also covers illustrations and renderings of fictional children.
This means that possessing any image or video depictions of an identifiable child in an obscene situation could land you in legal trouble.
What is Lolicon?
Lolicon (or “Loli”) is a type of animation popular in Japan that depicts underage female cartoon characters engaged in sexual situations. “Shotacon” refers to the same type of animation that depicts boys.
No images of actual children are involved in the production of Lolicon, and it is produced to be consumed by adults.
As one might expect, Lolicon is controversial. Noting the connection to sex crimes against children, a number of countries like the United Kingdom have passed laws to make Lolicon and Shotacon illegal.
Notably, Lolicon and Shotacon are legal in Germany, because they do not depict actual children.
How is Lolicon handled under U.S. federal law?
Lolicon is classified as illegal child pornography under federal law in the United States. This means that these cases are typically investigated by federal agents, such as the FBI, and they are prosecuted in federal courts.
A first-time federal conviction for possession of child pornography typically carries a prison sentence of between 5 and 20 years. However, sentences can range as high as life imprisonment for aggravating factors like:
- The images are violent, sadistic or masochistic or
- The defendant has prior convictions for child sexual exploitation.
Is Lolicon illegal in California?
California’s child pornography law (PC 311) doesn’t specify whether or not obscene renderings or illustrations of children qualify as child pornography. Instead, the ruling in People vs. Gerber determined that child pornography requires a “real child” engaged in sexual conduct.
Under this interpretation, Lolicon is not illegal under California state law. However, because it is still illegal under federal law, it is illegal to possess or traffic Lolicon or Shotacon in California.
Defenses against federal child pornography charges
As we mentioned above, child pornography charges are very serious. If a person is convicted of possession of child pornography, they will not only face steep fines and extensive jailtime, but they typically also face lifetime registration as a sex offender.
This can lead to ramifications throughout your personal life, restricting job and higher education opportunities and limiting where you can live.
If you or someone you love has been accused of a child pornography related crime, it’s important to speak with a skilled sex crimes attorney as soon as possible. Prosecutors are extremely aggressive in child pornography cases, and knowledgeable and hard-nosed attorney will be best suited to defend your case.
There are a number of ways to defeat child pornography charges, depending on the facts of the specific case itself. This includes:
- Lack of intent – Did you accidentally click on a spam email, or mistype a web address? If you didn’t mean to access the material and quickly exited from it, you cannot be found guilty of possession of child pornography.
- False accusation – Because accusing someone of a crime against children is so damaging to their reputation, we see that false accusations are common in child pornograpy cases. A skilled attorney can surface the information to reveal this.
- Illegal search and seizure – If the evidence against you was not gathered legally, it cannot be used against you in a court of law.
Robert M. Helfend is a veteran criminal defense attorney who specializes in sex crimes cases. Call today for a free case evaluation – 800-834-6434.
Lolicon (or “Loli”) is a type of animation popular in Japan that depicts underage female cartoon characters engaged in sexual situations. “Shotacon” refers to the same type of animation that depicts boys.
Lolicon is classified as illegal child pornography under federal law in the United States. This means that these cases are typically investigated by federal agents, such as the FBI, and they are prosecuted in federal courts.
California’s child pornography law (PC 311) doesn’t specify whether or not obscene renderings or illustrations of children qualify as child pornography. Instead, the ruling in People vs. Gerber determined that child pornography requires a “real child” engaged in sexual conduct.
Under this interpretation, Lolicon is not illegal under California state law. However, because it is still illegal under federal law, it is illegal to possess or traffic Lolicon or Shotacon in California.