Ferber (1982), held that if pornography depicts real child abuse or a real child victim, as a result of photographing a live performance for instance, then it is not protected speech (regardless of whether the material is obscene under the test). The lolicon boom faded by the mid-1980s, and the genre has since made up a minority of erotic manga. The first major case occurred in December 2005, when Dwight Whorley was convicted in Richmond, Virginia under 18 U. Brazilian law forbids the production, sale, distribution, and possession, by any means, of real child porn, defined as records of "any situation that involves a child (defined as someone under 12) or adolescent (defined as someone between 12 and 17) in explicit sexual activities, real or simulated, or the display of the genital organs of a child or adolescent for primarily sexual purposes".

The prohibitions against depiction and possession do not apply to the person who draws or paints such an image if it is not made available to others.Eychaner, III (aged 46) was described as having a significant history of sexual offenses involving minors.

Virtual images include images, or parts of images, produced and modified with software from actual photos of minors, where the quality makes it so that fake situations are manipulated to appear realistic. e] As character body types in erotic manga became more varied by the end of the lolicon boom, the scope of the term narrowed to more young-looking depictions.The image of the shōjo (young girl) became dominant in Japanese mass media by the 1970s as an idealization of cuteness, innocence, and an "idealized Eros", attributes which became attached to imagery of younger girls over time. This law does not apply to Estonian citizens who legally commit the offense abroad and as of 2021 nobody has yet been charged for fictional child pornography. The bishōjo character form moved from niche, otaku publications to mainstream manga magazines, and saw explosive popularity in the decade with the rise of bishōjo games and anime series such as Sailor Moon and Neon Genesis Evangelion, which pioneered media and merchandising based on fan affection for their female protagonists.