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Posted on February 21, 2025 in Criminal Law
Anime is the term used in Japan to refer to all animated works. However, anime is commonly used in the United States to refer to Japanese animation or a specific animation style common in Japan. Lolicon or “loli” is a term used to refer to artwork, anime, or manga depicting young-looking characters in a sexualized manner.
Generally, lolicon refers to animated child pornography of underage cartoon girls. The cartoons focus on sexualized characters and plots. Shotacon is the term used to refer to animated child pornography of underage cartoon boys.
Child pornography is illegal under several federal and state laws. Laws are evolving throughout the country to include terms such as Child Sexual Abuse Material (CSAM) and Child Exploitation Material (CEM). Using terms like this emphasizes the exploitative and abusive nature of animated versions of child pornography.
Several federal laws address materials considered to be lolicon or shotacon:
The Protect Act of 2003 makes it illegal to create, distribute, or possess any visual depiction of minors engaging in sexual conduct. The definition includes cartoons, drawings, and other artistic material. The law does not make an exception for fictional content, even if no real children were involved in the process.
18 U.S.C. §§2252 and 2252A make it illegal to possess, distribute, receive, or transport materials that sexually exploit minors. The law may apply to material that depicts characters that appear realistic enough to resemble an actual child.
18 U.S.C. §1466A makes it illegal to produce, distribute, or possess obscene visual depictions of minors. The law includes animated or virtual characters if applying the Miller test deems the material obscene.
The provisions in this Act were extended to include computer-generated or virtual depictions of minors engaged in sexual or explicit conduct. However, the decision in Ashcroft v. Free Speech Coalition (2002) ruled that parts of the law were unconstitutional. However, material that is obscene or appears indistinguishable from real children can still be prosecuted.
Federal child pornography charges are extremely serious. Federal penalties vary based on the specific charges, the severity of the offense, and the defendant’s criminal record. Minimum sentences apply to many federal child pornography charges.
Convictions for federal lolicon charges can result in 30 years or longer in federal prison. A first-time federal conviction for lolicon could result in at least five to ten years in prison, depending on the factors involved in the case.
Arizona child pornography convictions also have severe sentences. A person may spend up to 12.5 years or longer in prison for state child pornography charges.
Additionally, collateral consequences of a child pornography conviction impact a person for the rest of their life. Being required to register as a sex offender results in restrictions on where the person can live and work. They may be required to notify neighbors of their status as a sex offender and have their computer activity monitored by law enforcement.
Do not plead guilty to state or federal child pornography charges without talking with a Phoenix federal crimes attorney. There could be one or more defenses to the charges that could result in an acquittal, dismissed charges, or reduced charges and/or sentence. Potential defenses to lolicon charges could include:
Your defense depends on the factors and circumstances of your situation. An experienced child pornography defense lawyer aggressively pursues all valid defenses to protect your rights.
Being charged with a criminal offense is serious, regardless of the charges. Understanding your rights and legal options is essential for a defense. Contact Orent Law Offices for a free consultation with our Phoenix criminal defense lawyers to discuss your case.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
