- A made a girl with whom he has become acquainted through a matchmaking site take a picture of her naked and send it to him. Later the girl was taken by the police, and then, the police found her exchanging emails with Mr.A. Yotsuya Police Station of the Metropolitan Police Department arrested Mr. A on suspicion of possessing and producing child pornography…
- I uploaded an image of orgy party held by me. I am investigated for allegedly distributing obscene objects…
1. What is Child Pornography?
“Child” in child pornography means a person under 18 years of age, regardless of gender.
Article 2(3) of “Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children” (so-called, anti-child pornography law) defines child pornography.
The term “child pornography” means photographs, recording media containing electromagnetic records (ex. CD, DVD, image or video of smartphone, data of computer, etc.) or any other medium which depicts the pose of a child, which falls under any of the following items, in a visible way:
2. Conduct Prohibited under the Anti-Child Pornography Law – 8 Types
The Anti-Child Pornography Law stipulates sentence for 8 types of conducts.
Punishment & Statutory Penalties
|Possessing child pornography for the purpose of satisfying one’s sexual curiosity (Article 7(1))||Imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen|
|Providing child pornography (Article 7(2))||Imprisonment with work for not more than 3 years or a fine of not more than 3,000,000 yen|
|Producing or possessing child pornography for the purpose of providing (Article 7(3))|
|Producing child pornography (Article 7(4))|
|Producing child pornography by camera voyeurism (Article 7(5))|
Providing child pornography to many or unspecified persons, or displaying it in public (Article 7(6))
Imprisonment with work for not more than 5 years or a fine of not more than 5,000,000 yen
|Producing or possessing child pornography for the purpose of providing it to many or unspecified persons or displaying it in public (Article 7(7))|
Importing or exporting child pornography for the purpose of providing it to many or unspecified persons or displaying it in public (Article 7(8))
▼Examples of Common Consultations
- Sold child porno DVDs on the Internet Provision of child pornography, etc.
- Took a photo of naked body of a 16-years girl with whom I acquainted through an encounter app and save it
Produce of child pornography, possession of child pornography, etc.
- Made a girl with whom I acquainted through a matchmaking site take a picture of her naked body and send me it
Produce of child pornography, etc.
- Updated child pornos to a file-sharing software and shared them Display of child pornography in public, etc.
3. Distribution of Obscene Objects (Article 175 of the Penal Code)
Distributing obscene photos or displaying them in public may constitute of the crime of distribution of obscene objects under the Penal Code.
According to the precedent, “obscenity” means “(ⅰ) unnecessarily arouses or stimulates sexual desire; (ⅱ) sexually insulting ordinary people; and, (ⅲ) contrary to good moral sense of sex”. It is understood that judgement of whether these requirements are met should be done in accordance with public decency (social convention), and judgement of obscenity should be done objectively on the objects themselves.
The definition and criteria of “obscenity” is strongly criticized as unclear. Moreover, the social convention changes with time while the judgement of whether the requirements above are met should done in accordance with “social convention”.
As a result, the judgement of whether an object may fall under obscene object also changes with time.
4. Prohibited Acts & Statutory Penalties of Distribution of Obscene Objects (Article 175 of the Penal Code)
Criminal Punishment / Statutory Penalty
|Distributing or displaying in public “an obscene document, drawing, an electromagnetic recording medium, or other objects” (Article 175(1) of the Penal Code)||
Imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine (monetary payment of not less than 1,000 yen not more than 10,000 yen), or both of imprisonment with work and a fine
|Possessing or storing the same for the purpose of sale (Article 175(2) of the Penal Code)|
“Distribution” means giving or transferring to many or unspecified persons with or without compensation.
“Display in public” indicates to make an obscene document, drawing, an electromagnetic recording medium, or other objects accessible for many or unspecified persons, including showing a film. Putting obscene drawing data in an accessible location where many or unspecified persons can access through a network also falls into “display in public”.
▼Examples of Common Consultations
- Sold unedited videos and DVDs (obscene objects) → Distribution of obscene objects, etc.
- Posted an unedited porno video data (obscene objects) on the Internet → Displaying obscene objects in public, etc.
- Kept unedited videos and DVDs (obscene objects) in storage for a sale purpose → Storing obscene objects for the purpose of sale, etc.
5. Anti-Child Pornography Law and Distribution of Obscene Objects
There are differences in: (1) prohibited objects; (2) degree; and (3) punishment in case of possession, between the anti-child pornography law and distribution of obscene objects.
- The anti-child pornography law limits the objects to child pornography (ex. Photo of naked under 18-years of age).
On the other hand, the objects of distribution of obscene objects should be obscene objects, regardless of the age.
- Regarding the degree of obscenity, the anti-child pornography law prohibits a photo of a person under 18-years of age in swimsuit in which genital organs of the person are exhibited or emphasized and arouses or stimulates sexual desire, defining such photo as “child pornography”.
On the other hand, the term “obscene objects” of distribution of obscene object requires to be objectively high in the degree of obscenity. Therefore, a photo of a swim-suited woman generally does not fall under obscene objects.
- The anti-child pornography law sets the statutory penalty of possession of child pornography imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen.
In case of distribution of obscene objects, possession of obscene objects without the purpose of sale cannot be punished.
~Defense in Child Pornography & Distribution of Obscene Objects Cases~
1. Consult a Lawyer for Speedy Solution
In child pornography and distribution of obscene objects cases, child pornographies and obscene objects used in a crime are to seizure by the police. There is a possibility to arrest the suspect because he/she may destroy or conceal evidence by removing data in the PC.
If you or your family arrested or investigated by the police on suspicion of child pornography or distribution of obscene objects, please consult a lawyer as soon as possible.
Lawyers of AICHI Criminal Cases Law Firm, specializing in criminal and juvenile cases including child pornography and distribution of obscene objects cases, will respond quickly providing with legal consultation or the first interview service.
2. Defense for Early Release
In cases where arrested and detained in child pornography or distribution of obscene objects cases, in many instances the investigative authority seizures PCs and smartphones and investigates uncharged offenses. The policy for disposition differs depending the number of cases and scale of child pornography or obscene objects, presence or absence of the purpose of transfer with compensation, the number of victims and degree of damage. For that, the investigative authority such as the police investigates a case carefully including uncharged offenses.
Where investigated while being arrested and detained in child pornography and distribution of obscene objects cases, the suspect cannot go to the office or school for a long time so that the case may be exposed.
The suspect can be released early by appointing a lawyer immediately. The counsel explains and argues to the investigative authority that there is no risk of the suspect’s destroying or concealing evidence, or fleeing, and works it to investigate the case allowing the suspect released. The counsel also persuasively asserts to a court that there are no grounds and need to detain the suspect. It is necessary to respond appropriately in a prompt manner because the term of physical restraint tends to extend once arrested and detained.
AICHI Criminal Cases Law Firm prepares the system to make a defense expeditiously regardless of on weekdays, weekends, holidays, or at night.
If you worry about child pornography or distribution of obscene objects cases, please contact AICHI Criminal Cases Law Firm.