Joke Collection Website - Public benefit messages - How to identify the crime of spreading indecent photos?
How to identify the crime of spreading indecent photos?
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 was actually clicked more than 1 10,000 times.
The constitutive conditions of the crime of spreading obscene articles are:
1, the subject is a natural person or unit with full criminal responsibility;
2. The object is the state's management order of obscene articles;
3. Subjectively intentional;
4. Objectively speaking, it is the behavior of the actor to spread obscene books, films, video tapes, audio tapes, pictures or other obscene articles, and the circumstances are serious.
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 providing ISBN for others to publish obscene books and periodicals Whoever provides ISBN for others to publish 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 shall 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.
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