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If you are caught selling pornographic films online, how long will you usually be detained?
Needs to be determined based on the quantity and value sold. If you are suspected of spreading obscene materials, you will be held criminally responsible.
According to Article 363 of the Criminal Law of the People's Republic of China and the People's Republic of China
Whoever produces, reproduces, publishes, sells, or disseminates obscene materials for the purpose of profit, The offender shall be sentenced to fixed-term imprisonment of not less 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 and not more than ten years, and shall also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined. money or confiscation of property.
Whoever provides a book number for others to publish obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; whoever knowingly provides a book number for others to publish obscene books and periodicals shall be punished in accordance with the preceding paragraph. prescribed penalties.
Article 364: Anyone who disseminates obscene books, periodicals, videos, audio-visuals, pictures or other obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or surveillance.
Whoever organizes the broadcast of obscene movies, videos and other audio and video products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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 and not more than 10 years and shall also be fined. gold.
Whoever produces or copies obscene movies, videos and other audio-visual products for broadcast shall be severely punished in accordance with the provisions of paragraph 2.
Those who disseminate obscene materials to minors under the age of 18 shall be severely punished.
Article 366 If a unit commits the crimes specified in Articles 363, 364, and 365 of this section, the unit shall be fined , and the persons directly in charge and other directly responsible persons shall be punished in accordance with the provisions of the respective articles.
Article 367 The term “obscene materials” as used in this Law refers to obscene books, periodicals, films, videotapes, audio tapes, pictures and other obscene materials that specifically depict sexual acts or explicitly promote pornography.
Scientific works on human physiology and medical knowledge are not obscene materials.
Literature and artistic works with artistic value that contain pornographic content are not considered obscene materials.
Extended information:
"Details of the Supreme People's Court and the Supreme People's Procuratorate on handling criminal cases of using the Internet, mobile communication terminals, and audio stations to produce, copy, publish, sell, and disseminate obscene electronic information "Interpretation of Several Issues in the Application of Law" quantifies the standards for the crime of spreading obscene materials:
1. Producing, copying, publishing, selling, and disseminating more than twenty video files such as pornographic movies, performances, and animations;
2. More than 100 obscene audio files;
3. More than 200 obscene electronic publications, pictures, articles, short messages, etc.;
4. The actual number of clicks reaches more than 10,000 times;
5. Publish, sell, and disseminate obscene electronic information on a membership basis, with more than 200 registered members;
6. Anyone who uses obscene electronic information to collect advertising fees, membership registration fees or other fees, and whose illegal income exceeds 10,000 yuan, may be punished for the crime of making profits from obscene materials.
Even if the purpose is not to make profits, those who meet more than twice the above standards, or engage in both acts at the same time, can still be held criminally responsible. In other words, if you use pornographic pictures to earn clicks and make a profit, you can be convicted by distributing 200 pornographic pictures; if you disseminate 400 pornographic pictures without making a profit, you will also reach the threshold for prosecution.
Baidu Encyclopedia - Obscene Materials
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