What is a Loli?

Loli means a young girl, underage girl, or childlike female character, particularly in the lolicon genre. The term loli is often used in connection with males attracted to young girls that leans towards erotic characteristic. The loli subculture has its origin in Japanese anime and manga.

Is Loli Illegal?

In the United States, our state and federal laws help protect children from evils such as child pornography, sex crimes, child molestation, and other abuses. Loli is illegal under the federal PROTECT Act if it is obscene and depicts an underage person engaging in sexual conduct. Because loli depicts an identifiable minor engaged in sexually explicit situations, loli violates federal law in the United States. You can be arrested and charged with a felony if you possess lolicon in any form.

However, not everyone is aware of the fact that viewing certain cartoons can create legal trouble. For example, watching depictions of children who are engaged in sexually explicit acts can lead to being charged with child pornography, even if the children are animated.

For illustrative purpose, this Adobe stock image (File #: 509772307) is a depiction of a loli.

What is Lolicon?

All descriptions of loli begin with understanding the concept of anime. Anime is the main animation style in Japan, and many people worldwide use the word “anime” to describe all Japanese animation since most Japanese animation has the same look and elements.

While anime has existed in Japan for many years, many people across the globe learned about anime through their favorite Pokémon personalities. As a result, Pokemon is a well-liked and prevalent form of anime.

Early Japanese anime focused on an audience of children, but soon anime also began to be created for adults, featuring more complex plots and adult characters.

One form of anime that has recently garnered a lot of attention is “loli.” Loli differs from other forms of anime in terms of its restricted content, which is entirely unsuitable for children. Loli’s anime includes cartoon characters but in sexual situations. Lolo’s main distinguishing feature is its inappropriate content, which features illicit plots and sexualized characters.

Lolicon is a specific category of loli that focuses on underage girls. Loli, which focuses on young boys, is known as shotacan but is not as common as lolicon.

While loli remains popular in Japan, new questions are emerging regarding the following:

The need to regulate loli and especially lolicon
The overall legality of lolicon

As loli and lolicon grow more prevalent in Japan and worldwide, many wonders if loli exists in the US and if it is illegal for people to watch it.

For illustrative purpose, this Adobe stock image (File #: 502179483 ) is a depiction of a lolicon subculture. In reality, loli depiction would resemble a very erotic young girl.

Are Loli and Lolicon Against the Law in the US?

2003’s Protect Act ensured that the possession of child pornography is illegal in the US. The act clarifies that all illicit images depicting minors are child pornography. The act also makes online or virtual child pornography illegal, even if the video or images do not depict a real child.

Based on the fact that lolicon includes images of a minor involved in sexually obscene situations, loli breaches US laws and is illegal. If an individual has loli on their computer or in a different fashion, the authorities can arrest the person and charge them with a crime.

It is not only the US that has restricted loli materials. Other countries have also criminalized loli and lolicon. Other countries classify loli as:

Child pornography
Illegal material
Pedophilia

However, in some countries, such as Germany, Loli is legal. Germany justifies this by asserting that since Loli is a cartoon and does not depict real individuals, it need not be illegal. However, other countries such as Britain deem loli illegal because viewing any sexualized images of minors is unlawful.

What is California’s Position on Loli?

According to California’s Penal Code, child pornography is defined as:

Any material that shows minors involved in sexual contact or simulating illicit contact

However, California’s laws regarding child pornography do not directly mention loli, lolicon, shotocon, or any other materials related to Loli or Japanese anime.

In past cases, the state’s Court of Appeals ruled that a “real child” has to be involved in creating child pornography.

If we apply this ruling, and the specification that a “real” child must be the one engaged in or simulating sex, then loli does not appear illegal in California.

Importantly, loli is unlawful under federal law, which supersedes state law. So ultimately, if a person watches loli or has loli on their computer or in some other form, they could be arrested on federal charges.

What is Considered Child Pornography in California?

In California, the state must certify two essential facts to convict someone on a charge of child pornography.

One, the state must show that the individual was aware that they possessed the illicit material.

Two, the state of California must show that the person was aware, or should have been aware, that the persons represented in the material were under 18.

If the police caught the person with the material on their person or their computer, then the first fact is relatively easy to prove. However, it can be challenging to convincingly show that a person knew or should have been aware that the people pictured in the material were minors as opposed to adults.

How Can Individuals Defend Themselves Against Untrue or Unwarranted Child Pornography Charges?

Child pornography is a serious federal offense, and if the state of California proves its case against the plaintiff, the penalties are strict and can impact the rest of their lives.

When an individual must fight wrongful child pornography charges, they should contact an experienced criminal defense attorney.

Though a child pornography case can instantly damage a person’s reputation and personal life, some valid potential defense strategies exist. These include:

Claiming that the individual thought the people involved were over 18 years of age

Claiming that the illicit material was unrequested and came from someone else via a mistake, spam email, or a similar source

Claiming that the person accessed the website or online material by accident and tried to prevent any future access to the illegal material

When an individual becomes involved in a child pornography case, they need strong representation. Their attorney will analyze the case’s facts and devise a strategy. Their attorney will also expect the plaintiff to be honest about their experiences and any mistakes they made. Therefore, the plaintiff must disclose all evidence to their legal team before the criminal charge goes to court.

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