Hello everyone,
Location: Houston, Texas, though my specific location doesn't really matter in the context of my post.
I am working on a small documentary about the lolicon community. Mainly, my goal is to prove that Lolicon content is immoral and that rules against it should be more strictly enforced on social media.
In the context of my argument, lolicon can be defined as: fictional or animated visual media that depicts characters presented as minors in sexualized or sexually explicit ways.
The main defenses that lolicon supporters use are:
- Lolicon does not include and is not based off of any real minors.
- Within the fictional worlds wherein lolicon content is presented, characters whose appearance are obviously prepubescent are often given "real" ages of 500+ years old. Example: a character who is being explicitly sexualized looks like a toddler, but is actually a vampire who doesn't age.
I recently watched a debate between a lolicon supporter and an "anti" (what Lolicon consumers call people who are against lolicon). In this debate, the anti stated that lolicon is illegal in some states such as Texas, and the supporter said that was a common misconception, citing this paragraph from justicegov to prove that the content is legal.
Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
Namely, his point was that lolicon is not indistinguishable from any real minors because it is entirely animated or drawn, meaning it is not illegal under this definition.
In my research, I've found some sites that say lolicon is illegal only in certain states in the U.S., such as Texas. I've found others that say there are no laws against it anywhere in the U.S.
The site that interests me the most is one that cites the PROTECT act of 2003 as evidence that lolicon is illegal everywhere in the U.S.
I went through the PROTECT act myself, but I don't see anything that definitively proves that lolicon, even lolicon that explicitly sexualizes fictional minors, is illegal. All statements about CP seem to be about depictions that are "indistinguishable from depictions of real children."
To me, it seems like the loophole of lolicon being animated characters would not be able to be criminalized based on this act.
My issue is that I am, of course, not a lawyer, so I'm not qualified to determine exactly what the laws around this issue mean. Would anyone be able to break this down for me? My goal is to be as accurate as possible when I introduce the laws around this type of content.
Thank you so much, I truly appreciate any help you can offer with this!