Illegal Solicitation Of Nude Photos And Nude Chats To Implement Online Obscenity Criminal Law Regulation Research

As part of cybercrime,the crime of cyber indecency through illegal acquisition of nude photos and nude chats is also showing a high incidence.Based on the study of 39 research specimens,this article derives the types of illegally obtaining nude photos and nude chats and the proportions of each type.It believes that good social policies and appropriate criminal regulations are the fundamental way to curb Internet indecent crimes.According to the right to health on the Civil Code,the legal interest of child molestation and molesting minors who have reached the age of 14 and under 18 are the right to physical and mental health under the right of health;according to Article 1010 of the Civil Code,The legal interest of molesting an adult is the right of sexual autonomy.According to the legal interpretation,the child molestation should include non-physical contact.Therefore,the illegal acquisition of naked photos and naked chats against children can constitute the crime of child molestation;the illegal acquisition of naked photos and naked chats against people other than children can constitute compulsory indecency.The specific methods of illegally obtaining nude photos and naked chats fall under the "coercion" and "other methods" stipulated in Article 237 of the Criminal Law.For such indecency crimes,Article 237 of the Criminal Law can be applied.According to the different objects of indecency,they are classified as child indecency and compulsory indecency.Gathering crowds on the Internet belongs to the “gathering crowds”stipulated in Article 237 of the Criminal Law;the cyberspace that some people can enter belongs to the “public places” stipulated in Article 237 of the Criminal Law.For these two circumstances,the aggravated penalties stipulated in Article 237 of the Criminal Law can be applied.