Many people are passionate about anime, but what they may not realize is that watching certain types of animated content could potentially lead to legal trouble. One such controversial genre is Lolicon, which depicts underage cartoon characters in sexually explicit situations. This article aims to shed light on the legality of Lolicon in the United States.

What is Lolicon?

Anime is a popular form of Japanese animation that has gained international recognition. From the well-known Pokémon characters to countless other animated works, anime has captivated audiences worldwide. However, within the vast world of anime, there is a subset called Lolicon that focuses on sexualized plots and characters involving underage girls. It’s important to note that Lolicon involving underage boys is referred to as shotacon.

Legal Status of Lolicon in the United States

Possessing or distributing child pornography is strictly prohibited in the United States. Under the PROTECT Act of 2003, any obscene images portraying a minor, even in animated form, are considered child pornography. This means that possessing or distributing Lolicon is a federal offense and can lead to criminal charges.

While Lolicon is illegal in the United States, its legal status varies across countries. For instance, Germany does not consider it illegal as it does not depict real people. On the other hand, in the United Kingdom, viewing pornographic images of minors, including anime, is against the law under obscenity laws.

California Law and Lolicon

In California, child pornography is defined under the California Penal Code §311.3, which includes material portraying children and minors engaging in or simulating sexual conduct. However, the law does not explicitly mention Lolicon or similar materials. In the case of People vs. Gerber (196 Cal.App.4th 368), the California Court of Appeal ruled that child pornography requires the involvement of a “real child” in sexual or simulated sexual conduct. Therefore, under this ruling, Lolicon would not be considered illegal in California.

However, it’s important to note that possession or viewing of Lolicon is still illegal under federal law. Therefore, individuals in California could face federal charges for possessing or distributing Lolicon.

Potential Defense Strategies for Child Pornography Charges

Child pornography charges carry severe penalties and lifelong consequences. If you find yourself facing such charges, it is crucial to seek legal counsel immediately. A skilled criminal defense lawyer can help you develop an appropriate defense strategy tailored to your specific case. Potential defenses may include:

• Honest belief that individuals in the material were above 18 years old
• Receiving the material involuntarily, such as through spam emails
• Lack of intent to access the material online, promptly deleting any downloads, history, and cookies to prevent further access

It is essential to be open and honest with your attorney, providing them with all the necessary information to build a strong defense on your behalf.

For more information or a free consultation, contact our Los Angeles criminal defense law firm at Fecomic. Our team of experienced attorneys is ready to assist you in navigating through these legal complexities.