Whoever constitutes a crime shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 9 of the "Criminal Law of the People's Republic of China"
Article 363 of the "Criminal Law of the People's Republic of China"
Producing, Anyone who reproduces, publishes, sells or disseminates obscene materials 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; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; if the circumstances are particularly serious, Fixed-term imprisonment of more than ten years. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.
For the purpose of making profits, using the Internet or mobile communication terminals to produce, copy, publish, sell, and disseminate obscene electronic information containing content for minors under the age of fourteen, and any of the following circumstances shall be punished in accordance with the Criminal Law According to the first paragraph of Article 363, the crime of producing, copying, publishing, selling, and disseminating obscene materials for profit shall be convicted and punished as follows:
(1) Producing, copying, publishing for the purpose of profit , sell, and disseminate obscene materials, the amount of which is more than ten, shall be convicted and punished for the crime of producing, copying, publishing, selling, disseminating obscene movies, performances, animations and other video files;
(2) Producing, copying , publish, sell, and disseminate more than fifty obscene audio files;
(3) Produce, copy, publish, sell, and disseminate more than one hundred obscene electronic publications, pictures, articles, etc.;< /p>
(4) Producing, copying, publishing, selling, and disseminating obscene electronic information with an actual number of clicks of more than 5,000 times;
(5) Publishing, selling, and disseminating pornographic information on a membership basis Spreading obscene electronic information, with more than 100 registered members;
(6) Using obscene electronic information to collect advertising fees, membership registration fees or other fees, resulting in illegal gains of more than 5,000 yuan;
(7) The quantity or amount is less than the amount specified in paragraph 1 of this article. ) The number or amount does not meet the standards specified in items (1) to (6), but reaches more than half of the two standards respectively;
Extended information
Case 1: Organizing obscene performances live broadcast
On October 27, 2017, the Nanjing Gulou District People’s Court sentenced 25 defendants including Wang Moumou and Li Moumou to ten months to five years in prison for organizing obscene performances. does not vary, and is subject to a fine ranging from RMB 100,000 to RMB 10,000. In August 2016, the Gulou Branch of the Nanjing Municipal Public Security Bureau received reports from the public claiming that there were obscene and pornographic performances on the "Yeyebo" platform.
After investigation, Wang Moumou searched for female anchors to perform obscene performances on various live broadcast platforms through the Internet. Li Moumou and others recruited ticket agents online and published a large number of pornographic performance advertising photos through social channels to attract audiences. Enter the QQ group through online payment to watch obscene performances. The gang organized hundreds of obscene performances, with 65,000 viewers and illegal profits of more than 1 million yuan.
In January 2017, the public security organs went to 25 cities in 16 provinces (cities) including Shanghai, Zhejiang, and Shandong, and arrested 32 suspects.
Case 2: The "2-11" large online platform in Shengzhou, Zhejiang Province disseminated pornographic materials for profit.
On February 18, the Shengzhou police received reports from the public that their underage son’s mobile phone WeChat group often received links to paid pornographic videos and could watch them. On February 28, based on clues provided by the informant, the police successfully captured the suspect Zhong who uploaded the video.
Zhong is an agent for the "Xin Shang Platform". He is usually responsible for searching for pornographic videos from various channels, and then uploading them to the platform. The platform converts them into paid links, and he then sends the links to various WeChat groups. The profits will be shared 28/20 with the platform operator.
The public security organs dug deeper, and in late March, they wiped out all the organization personnel who were operating the network platform in Shangrao, Jiangxi Province, and arrested 12 suspects including Li Moumou. After investigation, the online platform’s maximum daily profit was nearly 500,000 yuan, and the amount involved in the Alipay case was nearly 30 million yuan. Twelve suspects were detained on suspicion of distributing obscene materials.
China National People’s Congress Network-Criminal Law