Louisville, KY asked in Federal Crimes for Kentucky

Q: Is lolicon illegal? As I understand it, it's not considered CP, but would it fall under obscenity laws? I'm curious

Would obscenity laws even really be used by themselves are are they only really used in conjunction with another violation?

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James L. Arrasmith
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Answered

A: The legality of lolicon varies significantly depending on where you are. In some places, it is considered illegal under laws that prohibit the depiction of minors in sexual contexts, while in others, it may not fall under the strict definition of child pornography but could still be subject to obscenity laws. The specifics often hinge on how a jurisdiction defines what is considered "obscene" or "harmful to minors."

Obscenity laws can indeed be used on their own to prosecute material that is deemed offensive or not protected by free speech. These laws generally focus on whether the material lacks serious literary, artistic, political, or scientific value and whether it appeals to prurient interests. If a depiction crosses these lines, it might face legal challenges even without additional violations.

If you’re looking for more clarity, you might want to consult legal sources or look into the specific laws in your country or state. Understanding these distinctions is crucial because what might be allowed in one jurisdiction could be prohibited in another. Legal interpretations can be complex, and context often plays a significant role in determining outcomes.

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