Quantitative standard of judicial interpretation of the crime of spreading obscene articles

The quantitative standards for judicial interpretation of the crime of spreading obscene articles are as follows:

1. Making, copying, publishing, selling or disseminating more than 20 video files such as obscene movies, performances and animations;

2. Making, copying, publishing, selling and disseminating obscene audio files 100 or more;

3. Making, copying, publishing, selling and disseminating more than 200 obscene electronic publications, pictures, articles and short messages;

4. The obscene electronic information produced, copied, published, sold and disseminated has actually been clicked 1 10,000 times or more;

5. Publishing, selling or disseminating obscene electronic information in the form of membership, with more than 200 registered members;

6. Using obscene electronic information to collect advertising fees, membership registration fees or other fees, and the illegal income is more than 1 10,000 yuan;

7. Although the quantity or amount does not meet the standards specified in Items (1) to (6), it reaches more than half of two items respectively;

8. Causing serious consequences.

The constitutive elements of the crime of spreading obscene articles include:

1, the main element of this crime is the general subject;

2. Subjective factor is intentional psychological attitude;

3. The object element is the national obscene articles management system;

4. The objective requirement is to spread obscene articles and the circumstances are serious.

To sum up, those who use the Internet or mobile communication terminals to make, copy, publish, sell or disseminate obscene electronic information for profit should be convicted and punished for making, copying, publishing, selling or disseminating obscene articles for profit.

Legal basis:

Article 1 of Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using Internet, Mobile Communication Terminals and Voice Radio Stations (II)

For the purpose of making profits, whoever uses the Internet and mobile communication terminals to make, copy, publish, sell or disseminate obscene electronic information shall be convicted and punished in accordance with Articles 1 and 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet and Mobile Communication Terminals and Voice Stations.

For the purpose of making profits, using the Internet and mobile communication terminals to make, copy, publish, sell and disseminate obscene electronic information containing minors under the age of 14 shall be convicted and punished for the crime of making, copying, publishing, selling and disseminating obscene articles for profit in accordance with the provisions of the first paragraph of Article 363 of the Criminal Law:

(a) producing, copying, publishing, selling and disseminating more than ten video files such as obscene movies, performances and animations;

(2) Making, copying, publishing, selling or disseminating more than 50 obscene audio files;

(3) Making, copying, publishing, selling and disseminating more than 0/00 obscene electronic publications, pictures and articles;

(4) The obscene electronic information produced, copied, published, sold or disseminated has actually been clicked more than 5,000 times;

(5) Publishing, selling or disseminating obscene electronic information by means of membership, with more than 100 registered members;

(six) using obscene electronic information to collect advertising fees, membership registration fees or other fees, and the illegal income is more than 5,000 yuan;

(7) Although the quantity or amount does not meet the standards specified in Items (1) to (6), it reaches more than half of the two items respectively;

(8) Causing serious consequences.

If the number or amount of acts specified in the second paragraph reaches more than five times the standards specified in items (1) to (7) of the second paragraph, it shall be deemed as "serious circumstances" as specified in the first paragraph of Article 363 of the Criminal Law; Those who reach the prescribed standard more than 25 times shall be deemed as "the circumstances are particularly serious".