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11. Offences
against public deceny and morals
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Article 83-Offences
involving indecent materials
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| 83.1 |
Indecent materials |
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Indecent materials is any information or media which proposes to show or claim a message or visual imagery that is degrading to human decency, racist, with no legal excuse. |
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Primary Fact(s) |
| 1. That material of an indecent nature had been seized and/or detected; |
| 2. That the accused has prior knowledge of the existence/transmission of the indecent material before their arrest; |
| 3. That the actions of the accused contributed to the existence/transmission of the indecent material. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) sale of unsealed pornographic print material;
b) sale of non historical hateful/violent material based on racial, cultural and/or religious beliefs; |
4-6 |
a) sale of video games involving the simulated murder, torture and/or acts of sexual depravity of human beings; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) possession of multimedia images of depraved sexual acts, not involving persons under the age of 14 years, but involving sexual sadism and/or violence;
b) possession of non historical hateful/violent material based on racial, cultural and/or religious beliefs; |
4-6 |
a) transmission/publication of video games involving the simulated murder, torture and/or acts of sexual depravity of human beings;
b) transmission/publication of non historical hateful/violent material based on racial, cultural and/or religious beliefs; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) possession of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts;
b) transmission/publication of multimedia images of depraved sexual acts, not involving persons under the age of 14 years, but involving sexual sadism and/or violence;
c) manufacture of video games involving the simulated murder, torture and/or acts of sexual depravity of human beings; |
4-6 |
a) possession of multimedia images of person(s) showing the actual process of their murder, which involved murder in a sexually sadistic or torturous way;
b) possession of multimedia images of children under the age of 8 years performing and/or involved in sexually depraved acts; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) transmission/publication of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts; |
4-6 |
a) transmission/publication of multimedia images of person(s) showing the actual process of their murder, which involved murder in a sexually sadistic or torturous way;
b) transmission/publication of multimedia images of children under the age of 8 years performing and/or involved in sexually depraved acts;
c) manufacture of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts; |
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