Under the PROTECT Act of 2003, lolicon falls under the federal definition of child pornography and is considered illegal in the United States but not in all states. Some states, including California, don’t have explicit laws against lolicon. Still, if someone has or watches lolicon in California, they could face federal charges.
At Simmrin Law Group, we can help those accused of lolicon in California. For more information, get in touch with a Los Angeles sex crimes lawyer from our law firm. We can review your lolicon case and help you determine how to contest any charges against you.
What Is Lolicon?
Lolicon, or loli, refers to sexually explicit anime or manga that involves the sexualization or romanticization of young-looking female characters who may be underage. Its male counterpart, known as shotacon, features similar themes with young male characters. Both fall within the realm of animated content and center around the sexualization of characters who appear underage.
Lolicon content has generated significant controversy and legal scrutiny due to its association with the potential exploitation and sexualization of minors. While lolicon is legal and prevalent in Japan, its status in the United States remains a subject of confusion, often entangled with child pornography laws.
What Is the PROTECT Act of 2003?
The PROTECT Act of 2003, also known as the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act, is a United States federal law enacted to strengthen and expand measures against child exploitation and abuse. Signed into law by President George W. Bush, the Act introduced provisions to enhance law enforcement tools and penalties related to crimes against children.
Notably, the legislation augmented the definition of child pornography to include material that appears to depict minors engaging in sexually explicit conduct, addressing concerns related to the rise of digital technology. The Act also bolstered penalties for offenses such as child sex trafficking and online enticement of minors.
Additionally, the PROTECT Act imposed stricter registration requirements for sex offenders and enhanced cooperation between federal, state, and local law enforcement agencies in combating crimes against children. The main objective of the Act is to provide comprehensive legal measures to safeguard children from exploitation and abuse in the evolving landscape of technology and communication.
How Does the PROTECT Act Address Lolicon?
While the Act primarily aims to protect real children from exploitation, it recognizes the potential harm associated with sexually explicit material involving virtual or animated characters that appear to be minors.
The legislation is designed to encompass a broad range of activities that contribute to the sexual exploitation of children, including certain forms of animated or virtual content that could be considered harmful. As a result, the PROTECT Act establishes legal consequences for the creation, distribution, and possession of such material, even if it involves animated characters.
Under the PROTECT Act, child pornography is defined as any obscene image that depicts a child. Not all loli is considered pornography. Yet, a person with loli in possession that violates the PROTECT Act could face federal charges.
Simmrin Law Group helps individuals dealing with a loli charge in California. Our sex crimes attorney can review your Loli case. From here, our attorney can help you figure out the best way to dispute your Loli charge.
What You Need To Know About Lolicon Laws in California
There are no laws in place in California relating to cartoons or manga. Based on California Penal Code 311.11, a person must commit a sexual act against someone under the age of 18 to be charged or possess child pornography.
Conversely, the PROTECT Act indicates it is illegal to do any of the following:
- Distribute virtual loli via the internet
- Transport loli between states
- Collect loli images or pornographic videos of children that can be distributed
It can be difficult to charge someone with Loli in California. On the other hand, an individual facing a child pornography charge will impact their life as they know it and cast a shadow over their future. Even if the child pornography charge against someone is false, it can have far-flung effects on their reputation.
If you are facing a child pornography charge in California, hire a sex crimes lawyer right away. This attorney can evaluate the case against you and respond to any legal questions you have about the California Penal Code. Most importantly, the lawyer can offer tips and insights on how to resolve your case.
What To Do if You Are Charged With Child Pornography Possession in California
A child pornography charge is a serious offense, and the charge will not easily disappear. Consult a Los Angeles criminal defense lawyer as soon as possible to help you with your child pornography charge. The attorney can start building your case as soon as you hire them.
In California, a child pornography conviction can result in a prison sentence of up to eight years and a fine of up to $100,000. With help from a criminal defense attorney, you can protect against a prison sentence, fines, or both. Your lawyer will work with you to identify the best way to get a child pornography charge reduced or dismissed.
There can be instances where a child pornography charge in California is classified as a misdemeanor or felony. The charge against you depends on the severity of the child pornography crime. With help from an attorney, you may be able to avoid a felony or have it reduced to a misdemeanor.
You May Be Placed on California’s Sex Offender Registry Due to a Child Pornography Conviction
California has a public registry of sex offenders. Anyone can access this registry and find information about California residents who have been convicted of child pornography possession or related violations. If you are convicted of a child pornography crime in California, you will be added to this registry.
Being included on California’s sex offender registry can affect your ability to land a job or get housing. In addition, people on this list cannot go within 2,000 feet of schools, parks, and other public places where kids gather. Thus, if you are found guilty of a child pornography crime, the conviction can impact your ability to live your life to the fullest extent.
To avoid being placed on California’s sex offender registry, work with an experienced criminal defense lawyer. You and your attorney can work together to craft a legal strategy to fight back against a child pornography charge. Plus, your lawyer will make sure your legal rights are protected for the duration of your case.
How To Defend Against a Child Pornography Charge in California
For those charged with a child pornography crime in California, it may seem impossible to build a compelling argument. To date, several legal defenses have been used to help those charged with child pornography crimes get their charges reduced or dropped.
Our child pornography lawyers rely on a wide range of defense strategies, including:
- You did not intentionally possess child pornography. You may claim that child pornography was accidentally sent to you through email or you unintentionally accessed it through a website.
- You do not actually possess child pornography. You may be able to show that you have lolicon or other content that is not legally classified as pornography.
- You were never in possession of child pornography. You may be able to prove that you never possessed the child pornography that a prosecutor claims you did.
- You are the victim of entrapment. You may have been the subject of a sting operation in which police got you to commit a crime you otherwise would not have committed.
Your attorney will review all of the facts surrounding your child pornography charge to figure out the most effective way to contest it.
In the best-case scenario, your lawyer can present a compelling argument that illustrates why you deserve to have any child pornography charges against you dismissed. This can help you get your charges dropped and allow you to move on with your life.
Get the Legal Help You Need to Fight Charges Relating to Lolicon and Child Pornography in California
Facing child pornography charges can have a profound and distressing impact on individuals, extending beyond legal consequences to emotional and social repercussions. The stigma associated with such charges often leads to a sense of isolation and shame, affecting personal relationships and overall mental well-being.
Simmrin Law Group can connect you with a criminal defense lawyer in California right away. For more information or to request a free and confidential case evaluation, please contact us today.