Is Animated Child Porn Legal?

California law treats the manufacture or possession of child porn harshly, but are animated images or videos considered illegal child pornography? Usually, possessing animated child porn is allowed, but federal law makes the picture murky. Additionally, any drawn pornographic images of an actual child would be considered illegal. If you are a fan of manga, anime, or any other graphic cartoons, you should know how the law may impact your collections.

What Is Considered Child Porn?

California defines child pornography as:

• Any material or matter;
• Which depicts sexual conduct;
• Of a person under the age of 18 years old.

This definition is broad but also allows for further clarification. For example, the law goes on to define sexual conduct as actions such as:

• Sexual or anal intercourse;
• Oral sex and copulation; or
• Masturbation.

Additionally, what can be considered a “matter or material” is vital. Some examples of what California considers a matter or material include:

• Movies;
• Pictures (including negatives and slides);
• Computer-generated images; and,
• Videotape.

Crucially, you have to knowingly be in possession of child porn for it to be a crime. It is a defense to a child porn charge to say you did not know you had the material or that you were unaware a minor was depicted. For example, if you download a file that, unbeknownst to you, contains an image of child porn, you did not commit a crime.

Various California laws make it illegal to knowingly do any of the following with child porn:

• Possess;
• Develop;
• Print;
• Send;
• Duplicate;
• Produce; or,
• Transport

If you are charged with possession, manufacturing, or distribution of child pornography, California law allows prosecutors to pursue either misdemeanor or felony punishments. Whether as a misdemeanor or a felony, a conviction will result in you needing to register as a sex offender. The maximum sentence for felony child porn is up to three years in prison. Other related – and often more severe – charges can be brought if you made the pornography yourself.

So, What About Animated Child Porn?

Because the California child porn law specifically refers to “a person” under the age of 18, most animated materials are considered legal. So, as long as the material in question does not depict any actual person involved in real or simulated sexual acts, the animation is not illegal child porn.

This applies to a variety of materials that may depict sexual images, including:

• Cartoons;
• Videos;
• Comic books;
• Graphic novels;
• Video games
• Manga;
• Paintings;
• Statues;
• Drawings; or,
• GIFs or interactive images.

Computer-generated anime or animated porn is allowed in many cases because it does not depict an actual human being.

Federal Law Bans Obscene Child Porn

Even though California law does not criminalize animated child porn if it does not depict any actual person, you can still run afoul of federal law. Since 2003, there is a nationwide prohibition on:

• A visual depiction of any kind;
• That shows a minor engaging in sexually explicit conduct;
• Which is ‘obscene;’ or,
• Depicts something lacking any artistic/literary value.

The key word in the federal law is “obscene.” Supreme Court cases have found that obscene materials are not given free speech protections under the First Amendment. However, free speech advocates argue that anime or other cartoons contain significant artistic value and may not be considered obscene.

Generally, merely watching animated child porn will not result in federal charges, but possession of obscene material can result in an investigation.

Are you or a loved one facing child porn charges in Garden Grove, California? Contact Chambers Law Firm to discuss your legal options for fighting the case. Our experienced criminal defense team can be reached at 714-760-4088 or dchambers@clfca.com to set up a free initial consultation.