Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Child pornography laws in California do not explicitly cover loli or manga depicting minors engaging in sexual activity.
California statutes prohibit the possession of child pornography. Child porn includes material that “depicts a person under the age of 18 years personally engaging in or simulating sexual conduct.”1
The California Court of Appeals has ruled that this means there has to be a “real child” in the depiction.2 This means that anime and cartoon depictions of children engaging in sexual acts would not break the law.
Loli is Japanese manga or anime that is sexually explicit and involves cartoon characters that are underage. It is a form of hentai, which is a genre of Japanese manga that focuses on sexualized characters and plots.
Loli depicting underage girls is known as lolicon. The word comes from Vladimir Nabokov’s book, Lolita, in which an adult man is sexually attracted to a girl who is 12 years old. When loli depicts underage boys, it is known as shotacon.
In Japan, loli is widespread. However, its legality has been controversial and attempts to regulate it have increased since the 1990s.
Yes. Possession of loli is illegal under federal law’s PROTECT ACT of 2003 if two conditions are met:
Otherwise, simple possession of loli in California is not illegal under federal law. Though if you possess a large amount of loli in California, federal prosecutors will likely infer that you intend to sell or distribute it. Unless you created the loli images yourself, federal prosecutors may have an easy time proving that you received the loli over the internet or through the mail.
The PROTECT Act of 2003 (short for Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today) was passed in the aftermath of a Supreme Court case that had held that completely virtual child pornography was protected free speech under the First Amendment, so long as it was not obscene.4 A key component of this ruling was that, because the pornography was not a visual depiction of an actual child, it was a victimless crime.
After this case, Congress passed the PROTECT Act to prohibit virtual child pornography that was obscene and that was transmitted through a common carrier, transported across state lines, or of an amount that indicates an intent to distribute.
At least one person has been charged in the U.S. with possessing pornographic material transported in interstate commerce under the PROTECT Act: In 2008, Christopher Handley pled guilty to obscenity and child porn charges after buying a comic book featuring pornographic manga.5 He was sentenced to 6 months in jail, but was not required to register as a sex offender. He had been facing up to 15 years in jail and a fine of up to $250,000.6
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.