The criteria for public security to determine transactions involving pornography are as follows:
1. The perpetrator has subjectively reached a prostitution agreement, negotiated the price or paid money and property, and started to implement it, but has not had sexual relations due to reasons other than his own subjective will;
2. Those who have had sexual relations without paying money or property can be dealt with according to law.
3. If it is a boyfriend-girlfriend relationship, there is no right to punish if it does not involve money transactions.
Crimes related to pornography mainly include the following:
1, the crime of gathering people to commit adultery;
2. The crime of selling and spreading obscene articles;
3. The crime of organizing, sheltering, coercing and introducing prostitution.
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.
legal ground
Criminal law of the people's Republic of China
Article 301 Whoever gathers people for fornication shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
The crime of luring minors to gather for fornication shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Article 363 The crime of making, copying, publishing, selling or disseminating obscene articles for profit. Whoever makes, copies, publishes, sells or disseminates obscene articles for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public 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 but not more than ten years and shall also be fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Crime of providing ISBN for others to publish obscene books and periodicals Whoever provides ISBN for others to publish obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever knowingly publishes obscene books and periodicals and provides the ISBN shall be punished in accordance with the provisions of the preceding paragraph. Article 364 Whoever disseminates obscene books, periodicals, films, audio-visual recordings, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Crime of organizing the broadcasting of obscene audio-visual products Whoever organizes the broadcasting of obscene movies, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public 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 but not more than ten years and shall also be fined.
Whoever makes or copies obscene movies, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph.
Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment. Article 365 Whoever organizes obscene performances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public 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 but not more than ten years and shall also be fined. 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. Article 359 Crime of luring, sheltering or introducing prostitution Whoever lures, sheltering or introducing others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance 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.
Crime of luring a young girl into prostitution Whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and fined.