1, involving pornography belongs to administrative detention: those who engage in prostitution or whoring shall be detained for more than 10 and less than 15, and may also be fined less than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Soliciting or soliciting prostitutes in public places shall be detained for not more than five days or fined not more than five hundred yuan; Those who organize the broadcast of obscene audio and video, organize or perform obscene performances, and participate in mass fornication activities shall be detained for more than 10 and less than 15, and be fined for more than 500 yuan 1000 yuan;
2. Being involved in pornography belongs to criminal detention: whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; If the circumstances are serious (such as organizing or forcing minors to engage in prostitution), 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 recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
The procedures for handling prostitution cases are as follows:
1. If a person summoned by the public security organ is found to be suspected of prostitution or whoring, he can be summoned orally on the spot or summoned to the public security organ for interrogation with a summons card;
2. Interrogation and verification The public security police shall promptly interrogate and verify the prostitution suspects summoned by the public security organs, but the time limit for interrogation and verification shall not exceed 24 hours; After interrogation and verification, there is evidence that one party has sex with others voluntarily for the purpose of making profits, and the other party has sex with prostitutes by paying money and other material benefits, which can be regarded as prostitution and whoring. When interrogating and verifying, attention should be paid to interrogating and verifying the two sides separately;
3. If the compulsory examination of sexually transmitted diseases is identified as prostitution, the public security organ must force the prostitutes to have a sexually transmitted disease examination, so as to investigate and distinguish whether the prostitutes are suspected of "spreading sexually transmitted diseases".
To sum up, the criteria for public security to identify pornographic transactions are: the perpetrator subjectively reached an agreement on prostitution and whoring, negotiated the price or paid money and property, and started to implement it, but did not have sex because of reasons other than his own subjective will; Or had sexual relations, but did not pay money or property, can be dealt with as prostitution according to law. Pornography has three forms, one is text (including electronic text information), the other is image, and the third is sound. Prostitution and whoring involving pornography are administrative detention and public security cases, and shall be punished in accordance with relevant laws and regulations. Organizing or forcing others to engage in prostitution is a crime of organizing prostitution and forcing prostitution, and criminal punishment shall be imposed in accordance with relevant laws and regulations.
Legal basis:
Article 66 of the People's Republic of China (PRC) Public Security Administration Punishment Law
Those who engage in prostitution and whoring shall be detained for more than 10 and less than 15, and may be fined less than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.
Article 358 of the Criminal Law of People's Republic of China (PRC)
Crime of organizing prostitution; Whoever organizes or forces others to engage in prostitution for the crime of forced prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, injury, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
Crime of assisting in organizing prostitution: whoever recruits or transports people for organizing prostitutes or assists in organizing others to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.