Joke Collection Website - Blessing messages - Which legal provision is violated by spreading pornographic information?
Which legal provision is violated by spreading pornographic information?
1. If the dissemination of obscene information on the Internet does not constitute a crime, it shall be detained for more than 10 and less than 15, and may also be fined less than 3,000 yuan;
2. If the circumstances are relatively minor, they shall be detained for less than 5 days or fined for less than 500 yuan. Whoever constitutes the crime of spreading obscene articles shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined;
3. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
What conditions will constitute the crime of spreading obscene articles?
The common conditions for the crime of spreading obscene articles are:
1, the subject of the crime is a natural person with criminal responsibility;
2. The object is obscene articles in the state management order;
3. Subjectivity is intentional;
4. Objectively speaking, the actor spread obscene books, films, videos and pictures.
To sum up, it violates the crime of spreading obscene articles and weaving and playing obscene audio-visual products in the criminal law.
Legal basis:
Article 363 of the Criminal Law of People's Republic of China (PRC)
Crime of making, copying, publishing, selling and disseminating obscene articles for profit. Whoever makes, copies, publishes, sells or disseminates obscene articles for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Crime of publishing obscene books and periodicals: Whoever provides a book number to others and publishes obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever knowingly publishes obscene books and periodicals and provides the ISBN shall be punished in accordance with the provisions of the preceding paragraph.
Article 364
Crime of Spreading Obscene Articles Whoever spreads obscene books, periodicals, films, audio-visual images, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Crime of organizing the broadcasting of obscene audio-visual products Whoever organizes the broadcasting of obscene movies, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever makes or copies obscene movies, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph.
Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.
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