The charges of criminal crimes involving pornography mainly include: the crime of spreading obscene articles, the crime of organizing the broadcast of obscene audio-visual products, and the crime of organizing obscene performances. The judgment results of the above-mentioned criminal facts are also different, and the specific investigation criteria are also different, depending on the actual situation.
If it is the crime of assisting in organizing prostitution, the statutory punishment is: fixed-term imprisonment of not more than five years and a fine; 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. Crimes related to pornography mainly include the crime of gathering people for fornication, the crime of selling and spreading obscene articles, the crime of organizing, sheltering, coercing and introducing prostitution. However, the maximum sentencing standard for crimes involving pornography will not exceed five years' imprisonment, and the maximum sentencing standard for crimes of spreading obscene articles is two years' imprisonment.
The determination of cases involving pornography needs to be analyzed from the following four aspects: (1) Object elements. The object of this crime is the order of social security management. The crime of luring, sheltering and introducing prostitution has contributed to the proliferation of prostitution and whoring activities, which has serious social harm. The object of this crime is "others", here "others" mainly refers to women, but also includes men. "Others" can be a single person or many people, and the number and frequency of introductions do not affect the constitution of this crime. (2) objective factors. Objectively, this crime is manifested as the act of luring, sheltering and introducing others to prostitution. Seduction means that the actor lures, seduces, persuades, encourages, seduces and instigates others to engage in prostitution by taking money, material benefits or non-material benefits as bait or by other means. Whoever introduces others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
What is the penalty for prostitution?
(a) prostitution, whoring, under any of the following circumstances, which is in violation of the first paragraph of Article 66 of the Law on Public Security Administration Punishment, if the circumstances are relatively minor, it shall be detained for not more than five days or fined not more than 500 yuan:
1, has negotiated the price or paid money and other property, but has not had sex;
2. Prostitution and whoring for the first time, good attitude towards admitting mistakes, repentance and other special reasons;
3. Other minor circumstances.
(2) Those who have been fined, administratively detained, educated or reeducated through labor according to law for prostitution and whoring, and have applied for reeducation through labor within three years after the expiration of the execution period.
(3) Whoever lures, shelters or introduces others to prostitution in any of the following circumstances, in violation of Article 67 of the Law on Public Security Administration Punishment, shall be detained for not more than five days or fined not more than 500 yuan:
1, luring, sheltering, introducing prostitution, attempted prostitution;
2. Not for profit;
3. Other minor circumstances.
(4) Whoever lures, shelters or introduces others to prostitution is sentenced to reeducation through labor within five years, or sentenced to reeducation through labor within three years, or sentenced to punishment twice or more within three years, shall be reported to reeducation through labor.
(5) If the cases of prostitution and whoring are complicated and judged to be too heavy or too light according to the above-mentioned punishment standards for prostitution and whoring, it shall be reported to the bureau leaders to convene relevant personnel to discuss and decide collectively.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 358 Whoever organizes or forces others to engage in prostitution for the crime of organizing 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, wounding, 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.