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What is Loliporn and Is It a Federal Offense?

 Posted on April 04, 2025 in Federal Crimes

TX defense lawyerAnimated child pornography – often referred to as "lolicon" or "loliporn" shows animated or computer-generated images that depict minors in sexual situations. Loliporn is federally illegal and may be considered illegal under Texas law. While possession of or promotion of child pornography is a state offense under Texas law, one of the key elements of this law is that the material must show an actual child.

Since drawings, animations, and digital renderings do not involve real children, the issue becomes much more complex. If you are facing federal or state child pornography charges, it is extremely important that you speak to an experienced Plano, TX child pornography attorney. Child pornography convictions can have devastating, lifelong consequences, so getting ahead of these charges with the help of a highly skilled attorney is the best step you can take for your future.

What You Should Know About Loliporn

Lolicon, in Japan, is fictional media where young girl "characters" appear in sexual contexts. Anime describes any animated works. Lolicon or loliporn is a type of Japanese anime that depicts underage female cartoon characters in sexually explicit situations. The PROTECT Act of 2003 made it illegal to produce, distribute, or be in possession of certain types of computer-generated child pornography.

This is true even if no actual child was used when creating the images.  The law applies to images that show minors engaged in sexually explicit conduct. While all states have child pornography laws, like Texas, most of these laws cover only real children. Because of this, loliporn is usually charged under federal statutes. While critics believe loliporn normalizes the exploitation of children, defenders say it is a form of artistic expression, protected under the freedom of speech.  

What Is the Miller Test and How Does It Relate to Loliporn?

A 1973 Supreme Court case, Miller v. California, resulted in a "test" used to determine whether specific materials are legally obscene. If something is considered obscene, it is not protected by the First Amendment. The Miller test asks:

  • Would the average person find that the material appeals to sexual interests when community standards are considered?
  • Are the materials, as a whole, offensive by legal standards?
  • Does the work lack serious literary, scientific, political, or artistic value?

If the answer to all three questions is "yes," the material will be considered obscene and, therefore, illegal. Possession, distribution, or creation of loliporn that a court judges to be obscene under the Miller test can result in federal charges.

Federal Penalties for Loliporn

A person convicted of possession of child pornography – including animated child pornography – could potentially be sentenced to between five and 20 years in federal prison. An individual with a prior child pornography conviction could spend up to 40 years in federal prison. Once the individual has served his or her time, sex offender registry is mandatory.   

Defenses to Possession of Loliporn

While the defense for each individual will be tailored to the specific facts and circumstances surrounding his or her charges, there are some defenses to possession of child pornography or loliporn that are commonly used, including:

  • The defendant was unaware the material was illegal.
  • The defendant had no intention of downloading child pornography.
  • The defendant did not intentionally download the loliporn and ceased viewing it as soon as he or she realized what it was.
  • The defendant was sent an email that contained lolicon or loliporn, but did not solicit it.
  • The search and seizure was illegal.
  • The defendant’s constitutional rights were violated during the arrest.

Contact a Texas Child Pornography Lawyer

A Collin County, TX child pornography attorney from The Crowder Law Firm, P.C. who handles federal crimes is your best hope of having your charges dropped or lowered or obtaining a "not guilty" verdict at trial. Attorney Crowder has experience defending the most serious crimes, including federal crimes and child sex crimes. As a knowledgeable, aggressive attorney, she has secured more than 300 not-guilty verdicts and acquittals for her clients. Schedule your free consultation by calling 214-544-0061.  

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