Lolicon is a controversial form of Japanese anime, which focuses on animated depictions of young girls involved in sexual situations. While this form of anime is legal in Japan, U.S. Federal laws on Lolicon give it a quite different status.
Today, we answer the question “is possession of Lolicon legal in the US?”, as well as examine the legal consequences of Lolicon possession. Let’s get right to it.
What Exactly is Lolicon?
In Japan, animated cartoons (known as anime) enjoy an extremely prominent place in popular culture. There are many different types of anime, catering to both children and adults in theme and content. However, there is a specific genre of anime known as Lolicon, which is by far the most controversial form of anime.
Lolicon features animated images of underage girls often involved in sexual situations, and with heavily sexualized plots. Its male focused counterpart is known as Shotacon.
The term Lolicon is a portmanteau of “lolita complex”, derived from the title of the 1955 novel Lolita, by Vladimir Nabokov, in which an older man has a sexual attraction to an underage girl.
Sometimes referred to as loli for short, Lolicon in anime first became popular in Japan in the 1980’s, and has remained a popular genre in the country.
Is Possession of Lolicon Legal in the United States?
While Lolicon is legal and accepted in Japan, outside of the country its status is far more precarious.
In the United States, federal laws on Lolicon fall under the PROTECT Act of 2003, and meet the definition of child pornography.
The PROTECT Act is a federal law created to prevent child abuse and exploitation. It identifies any obscene material depicting minors as child pornography. That means that despite the fact that Lolicon does not feature any real children, it is still considered to be child pornography because it depicts underage persons in sexual situations.
Because of this, it is considered illegal to create, purchase, sell, possess, or distribute Lolicon in the US, across state lines, or on the internet. Doing so can result in significant penalties for violators.
Lolicon and Child Pornography Laws
A major contention around the legality of Lolicon is that because it does not feature real children, it is a victimless crime, and should be considered a protected form of free speech. However there are major concerns that content such as Lolicon can blur the lines between reality and fiction, and create a situation that encourages or leads to the exploitation of minors in real life.
The PROTECT Act makes it clear that possession of Lolicon in the United States does indeed constitute child pornography. Any images that appear to depict children engaged in sexual activity, whether real, hand drawn, or computer animated, are considered to be child pornography.
Legal Consequences of Lolicon
If you are found to be in possession of Lolicon, or have sold or distributed it across state lines, including on the internet, you may face severe legal consequences. Penalties may include criminal charges, prison time, fines, and lifetime registration as a sex offender.
Law enforcement may also seize property including computers and cell phones as evidence during an investigation.
Defending Against Lolicon Charges
Possession of Lolicon is a federal crime, and is treated the same as other child pornography charges. If you have been charged with possession of Lolicon, defending against Lolicon charges requires the immediate help of an experienced federal criminal defense lawyer.
An experienced attorney for Lolicon charges may be able to help you mount a credible defense. If it can be proven that you did not intend to distribute the material, or if there was an honest belief that the characters depicted were of age, you may be able to defend against Lolicon charges.
In some cases, if the files were downloaded mistakenly, or if you can prove that you were coerced or entrapped by law enforcement agents, you may be able to mount a successful defense. An experienced attorney for Lolicon charges may also be able to negotiate a plea deal for lesser charges.
No matter what, you need a federal defense attorney who is knowledgeable and experienced in federal laws on Lolicon and defending against Lolicon charges.
Conclusion
Possession of Lolicon, Shotacon, or any other form of animated pornography featuring child-like characters is still considered to be child pornography under the PROTECT Act in the United States.
While other countries such as Japan may tolerate and accept content of this nature, you may face severe legal consequences in the United States for possession of Lolicon.
Remember, if you are in need of defense against Lolicon charges, you need a defense attorney with extensive experience trying federal cases, along with specializations that match your case.
If you’re facing federal criminal charges for possession of Lolicon, contact Sami Azhari Federal Criminal Lawyer for a consultation regarding your case.
Sami has over 17 years of experience defending federal and white collar crimes across the US, including possession of Lolicon. Sami has tried over 100 federal cases involving a litany of charges such as drug trafficking, bank fraud, racketeering (RICO), and conspiracy and other federal charges.
Contact Sami Azhari Federal Criminal Lawyer for a consultation on your defense. Sami can help you understand your rights and build a strong defense against Lolicon charges.
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