All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

Regulation of Computer-generated virtual Child Pornography under American and French Jurisprudence: One Country’s Protected “Speech” is another’s Harmful Smut.
Unformatted Document Text:  A striking feature of the law, which makes it different from American law is that it also applies to pornographic images of a person whose facial features (aspect physique) is that of a minor, unless it is established that the person was 18 years of age on the day his or her image was recorded. In other words, the law criminalizes pornography as child pornography if the actors or participants in the act look like or appears to be less than 18 years of age. 24 The law also criminalizes the production, transfer, or transmission of violent pornographic messages by any means whatsoever if the violence and pornography “affect human dignity.” The penalties are enhanced if the message is likely to be seen or perceived by a minor. 25 Finally, Law No. 98-468 of 17 June 1998 Relative to the Prevention and Suppression of Sexual Infractions as well as the Protection of Minors, criminalizes possession of child pornography. Possession of child pornography is punishable by five years imprisonment and a fine of 2, 500, 000 Francs (about $375. 000). 26 Under this law, persons charged with possession of child pornography are charged with two crimes, namely, possession of the fruits of the corruption of minors, and possession of the fixation, recording or transmission of the pornographic image of a minor. 27 Possession of child pornography carries a penalty of 10 years imprisonment and a fine of close to $400, 000. A former senior French government official, whose computer was found to contain thousands of pedo-pornographic images, was tried and convicted of possession of child pornography under Law No. 98-468 24 Id 25 Article 227-24, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998. 26 Article 321-1, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998. 27 Article 321-5, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998.

Authors: Eko, Lyombe.
first   previous   Page 11 of 23   next   last



background image
A striking feature of the law, which makes it different from American law is that it
also applies to pornographic images of a person whose facial features (aspect
physique) is that of a minor, unless it is established that the person was 18 years
of age on the day his or her image was recorded. In other words, the law
criminalizes pornography as child pornography if the actors or participants in the
act look like or appears to be less than 18 years of age.
24
The law also criminalizes the production, transfer, or transmission of violent
pornographic messages by any means whatsoever if the violence and
pornography “affect human dignity.” The penalties are enhanced if the message
is likely to be seen or perceived by a minor.
25
Finally, Law No. 98-468 of 17 June
1998 Relative to the Prevention and Suppression of Sexual Infractions as well as
the Protection of Minors, criminalizes possession of child pornography.
Possession of child pornography is punishable by five years imprisonment and a
fine of 2, 500, 000 Francs (about $375. 000).
26
Under this law, persons charged
with possession of child pornography are charged with two crimes, namely,
possession of the fruits of the corruption of minors, and possession of the
fixation, recording or transmission of the pornographic image of a minor.
27
Possession of child pornography carries a penalty of 10 years imprisonment and
a fine of close to $400, 000. A former senior French government official, whose
computer was found to contain thousands of pedo-pornographic images, was
tried and convicted of possession of child pornography under Law No. 98-468
24
Id
25
Article 227-24, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998.
26
Article 321-1, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998.
27
Article 321-5, French Penal Code, articles 13 & 16, Journal Officiel of 18 June 1998.


Convention
All Academic Convention can solve the abstract management needs for any association's annual meeting.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 11 of 23   next   last

©2012 All Academic, Inc.