Our society has access to more information than ever before. The rising prevalence of the internet has made it easy to find any kind of reading material, video content, or entertainment online. This can cause some serious issues, especially in the realms of child pornography, pedophilia, and child trafficking.
Although many of the above issues are straightforward in the eyes of the law, there are certainly gray areas. Lolicon is one such area, and misunderstanding the law can lead to serious consequences.
What Is Lolicon?
Lolicon is a type of Japanese animation that depicts female children performing or engaging in sexual acts. Shotacon is the same situation but with male children. These videos are animated by adults through drawings or 3D modeling. There are no children actually involved in the production of these videos.
Lolicon has become a divided issue for some people. While Lolicon is popular in Japan, it does display content that is illegal and extremely taboo in the United States. However, some people argue that the lack of real children involved in the media means that no exploitation has occurred, and therefore the videos should be accessible. Others think that this only supports pedophilia and other types of predatory behavior.
Laws Surrounding Lolicon
In 2003, the United States government passed the PROTECT Act. This act made child pornography federally illegal. The law defines child pornography as any depiction of an identifiable minor that is engaging in sexual activity. This means that Lolicon is illegal at the federal level, as it falls under the category of child pornography.
Although some states have passed further laws against Lolicon, California has no such state law. Currently, the law prohibits child pornography but does not specifically outline Lolicon. However, because of the federal laws in place against the possession, viewing, or creation of Lolicon, California residents cannot legally interact with this kind of media.
If the government discovers that you are in possession of Lolicon, you will face child pornography charges. These charges are extremely serious and often come with jail or prison time, parole, fines, and a lifetime on the sex offender registry. This can severely impact your ability to find housing, as you would be required to stay away from parks, schools, and other areas with a high concentration of children. Furthermore, your record will display your charges, making it difficult to find a job.
The state does not need to prove very much to convict you on child pornography charges for viewing Lolicon. They must only prove that:
- You knowingly possessed sexually explicit material involving a child.
- You knew or should have reasonably known that the child was under the age of 18.
If you have been charged with child pornography offenses based on your possession of Lolicon, you need to find an attorney right away.
Defenses Against Lolicon-Related Charges
Although child pornography cases are severe, there are defenses against them. It is possible to make honest mistakes involving pornography, and your defense can build a case in your favor. Common defenses include:
- You opened a spam email, clicked on a link, or downloaded Lolicon without understanding what it was or what you were doing. You exited the material immediately and did not return to it.
- You honestly thought that the individuals in the content were above the age of 18.
- You were falsely accused of possessing Lolicon.
In any situation, you will need a qualified attorney with experience in both internet crimes and sex crimes. Our team at The Law Office of Jacqueline Goodman has both and can represent you in your defense against Lolicon possession.
Q: Is Viewing the Same as Possessing?
A: California law does not explicitly prohibit the viewing of child pornography, just the possession of it. However, regardless of whether you downloaded or possessed the content, federal law prohibits viewing child pornography. Although viewing and possession are distinct, they are both illegal under federal law, and you can face child pornography charges for either one.
Q: Do Deleted Images Count as Possession?
A: In most cases, yes. The federal law does not lessen punishments for deleting images or videos after viewing them. This means that if you view Lolicon and then delete it, you can still be charged with viewing or possessing child pornography. However, if you view or download a link without knowing what it was and immediately delete the content after discovering its contents, you will most likely not be charged with possessing child pornography.
Q: Can Google Searches Get You in Trouble?
A: Only in some cases. You are allowed to search for anything online. However, if you are accused of a crime, or there is reasonable cause, the police can obtain a warrant to search your computer. In these cases, your Google search history can be used as evidence against you. If you are truly conducting an innocent search, it is unlikely that your Google searches will end up getting you in trouble.
Q: Are There Any Illegal Google Searches?
A: No, you cannot be arrested or charged for seeking out information. However, certain searches may be monitored by government agencies. If they find that you engage in illegal behavior based on your searches, you may face legal trouble. Searching is not illegal, but engaging in illegal behavior through your searches is. Plus, your searches can be used against you in court if the prosecution subpoenas your computer or search history.
Contact The Law Office of Jacqueline Goodman
For over 20 years, our firm has been helping individuals who have been wrongly accused of a crime. We are here to make sure that the law does not take advantage of you. Situations involving Lolicon can be complicated, and it is important to know that you have compassionate legal options if you are being charged with child pornography. Our team is here to help without judgment and to provide high-quality legal services to those who have been accused of internet or sex crimes.
For more information about our services and what we can do for you, contact us online today.