Does the New Adam Walsh Child Protection and Safety Act of 2006 (HR 4472) Prohibit the Online Fetish Known as Lolikon or Lolicon?
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Summary
Recently the US Congress passed a new bill, the bill was called the “H.R. 4472: Adam Walsh Child Protection and Safety Act of 2006″. Many people online have been having a hard time understanding what this law actully prohibits and need to know the facts. Does this law in fact make the online fetish known as “Lolikon” (or “Lolicon”) illegal or not in the USA? “ |
“Before I ask my question I want to be perfectly clear on this situation. I am not here to discuss what you may or may not find morally right or wrong. I want the a clear simple answer that is easy to understand and is black and white.
Recently the US Congress passed a new bill, the bill was called the “H.R. 4472: Adam Walsh Child Protection and Safety Act of 2006″.
Many people online have been having a hard time understanding what this law actully prohibits and need to know the facts. Does this law in fact make the online fetish known as “Lolikon” illegal or not in the USA? ”
Well, first, let’s assume that you are taking “Lolikon” or “Lolicon” to refer specifically to animated characters. While some use the terms “Lolikon” and “Lolicon” to mean a real child (usually girl) either online or not, whom one finds attractive or with whom one is involved, it’s clear that wherever a real child is used in an inappropiate act, it is prohibited by all sorts of laws, not just the new Adam Walsh law. So for that reason, I assume you are referring to whether the viewing, creation, or storage of animation of young girls in explicit acts is prohibited by the Adam Walsh Act of 2006.
While generally one would assume that such activities would not be prohibited under a law, it is easy to see why there is some confusion. That is because the Adam Walsh Child Protection and Safety Act of 2006 (HR 4472) contains language talking about “simulation” in general, and about strict record keeping even if there is simulation of an act within a computer generated image.
Of course, this is a brand new law, and no part of it has yet been tested, however, as I read the law, the simulation part still refers to and requires a real live person. In otherwords, it is protecting against the situation where someone takes the image of a real child, and then manipulates that image to simulate an explicit act with that child.
Again, this has to be tested, and I’m sure that it will be, but provided that the Lolikon or Lolicon in question are truly animations, and not based even remotely on a real person, then the existence of them alone should not trigger the Adam Walsh Child Protection and Safety Act of 2006.
Of course, causing a child to view such an animation - even online - would certainly do so.
And all that said, Section 1466A of the Federal child pornography laws - which is already active law - states very clearly that “It is not a required element of any offense under this section that the minor depicted actually exist.” In other words, drawings and cartoons and other depictions of children in inappropriate situations, even if the children don’t actually exist, is still a violation of Federal child pornography law.
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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
