Is it illegal to send private photos to others?

Sending private pictures to others is illegal and may be suspected of spreading obscene articles.

Legal analysis

Obscene articles refer to obscene books, films, video tapes, audio tapes, pictures, audio and other obscene articles that specifically describe sexual behavior or publicly publicize pornography. Internet dissemination of obscene articles has the characteristics of fast dissemination, wide range, high intelligence and infringement on teenagers. Crime of communication is divided into objective conditions, objective elements, subjective elements and subjective elements. "Other obscene articles" include video files, audio files, electronic publications, pictures, articles, short messages and other electronic information, such as voice information of the Internet, mobile communication terminals and telephone stations, which specifically describe sexual behavior or openly publicize pornography. Scientific works about human physiology and medical knowledge are not obscene articles. In addition, literary and artistic works with artistic value containing pornographic content are not regarded as obscene articles. The scope of banning obscene articles is: video tapes, audio tapes, movies, TV films, slides, photos, pictures, books, newspapers, manuscripts, toys and articles printed with such pictures, as well as obscene drugs and articles. The object of this crime includes all kinds of obscene books and periodicals, newspapers, pictures, films, video tapes, audio tapes, obscene toys, entertainment articles, daily necessities and other obscene articles printed and engraved with obscene words and patterns. The mode of communication can be direct dissemination of naked obscene articles, or a makeover, deliberately adding obscene plots to works of art, or deliberately adding obscene descriptions to novels. Private plans belong to obscene articles, which may constitute the crime of illegally spreading obscene articles.

legal ground

Criminal law of the people's Republic of China

Article 363 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. Whoever provides a book number for 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 Whoever disseminates obscene books, periodicals, movies, audio-visual recordings, 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. Whoever organizes the broadcast 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.