As a security clearance lawyer, I help government employees, contractors, and service members with the unexpected challenges that might arise when they’re applying for or maintaining their clearance. Your behaviors, your records, your past - pretty much everything is under scrutiny. Matthew Thomas Law, PLLC is here to help.

Let’s look at why hentai pornography can raise concerns under the SEAD 4, its potential impact on your security clearances, and how experienced counsel can support your application or appeal to the Department of Defense.

Understanding the Risks of Hentai Pornography for Security Clearance

While adult content consumption is not strictly illegal, engaging with hentai can raise concerns for individuals holding or seeking security clearances and can be in a legal gray zone depending on what is depicted. 

The government might focus on a history of viewing content like Japanese animated porn (Hen Tai/Hentai), and when it depicts young individuals, it raises serious concerns. The legality of this content is somewhat murky. Even though these are drawings, not photographs, they don’t automatically get First Amendment protection in the U.S.

If a drawing accurately portrays a real child in explicit sexual activity, it could lead to prosecution under various sections of the U.S. Code (e.g., 18 U.S.C. §§ 2251, 2251a, 2252, 2252a, or 2260). Certain hentai can be classified as child pornography and therefore is punished the same. A key case related to this is United States v. Hotaling, 599 F.Supp.2d 306, 308 (N.D.N.Y.2008), which affirmed this interpretation.

If the artwork is deemed obscene under the standards set in Miller v. California, 413 U.S. 15 (1973), prosecution is still possible under 18 U.S.C. §1466A. Whether something is considered obscene is typically decided by a jury or judge.

The Government’s Concerns About Hentai Pornography

One of the government’s concerns is blackmail or coercion due to these private behaviors. If an individual’s pornography consumption is not widely known, they could be vulnerable to threats and manipulation. Additionally, high-risk or destructive sexual behaviors may indicate a lack of judgment and discretion.

How a Security Clearance Lawyer Can Help Your Case

Don’t let your online behaviors hold back your career and your life. If you have any inkling that pornography might affect your security clearance, getting counsel early on can help mitigate or avoid risk to your livelihood.  Additionally, if these concerns have already been raised, a security clearance lawyer can help you establish a defense that commonly includes:

• The sexual behavior was a private and discreet matter.

• The individual has completed or is currently enrolled in, an appropriate treatment program.

• The behavior occurred during or before adolescence, with no evidence of similar conduct since.

• The incident happened so long ago, was so infrequent, or occurred under such unusual circumstances that it’s unlikely to happen again and doesn’t raise concerns about the individual's current reliability, trustworthiness, or judgment.

• The behavior no longer poses a risk of coercion, exploitation, or duress.

As a seasoned security clearance lawyer in Jacksonville, North Carolina, Matthew Thomas provides strategic counsel and representation to individuals facing clearance challenges related to sensitive matters. A security clearance attorney understands the nuances of security clearance and can help you with your case and clearance status.

Contact Matthew Thomas Law, PLLC Today

If you are facing security clearance concerns, including issues related to hentai pornography, don't hesitate to reach out to Matthew Thomas Law, PLLC. Our experienced team is ready to help protect your career and reputation. Contact us today at (910) 939-0263 for a consultation to discuss your legal options and take proactive steps.