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Child Pornography Laws In Portugal
Child pornography laws in Portugal state that such pornography is statutorily criminalised in the Portuguese Criminal Code. Age of consent The age of sexual consent in Portugal is, in principle, 14 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards, however, because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18. Criminalized behaviours Section 176 of the Portuguese Criminal Code criminalises the following behaviours: * use or the incitement of an underaged person to participate in a pornographic scene (including live sex shows, photos, tapes, digital recordings, etc.) * production or the distribution of any materials containing underaged persons engaging in pornography * possession of pornographic materials containing underaged persons engaging in pornography with the purpose of distributing them * use, incitement to use, production, distribution or possession with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portuguese Criminal Code
The current Penal Code of Portugal ( pt, Código Penal Português) was promulgated in 1982 and came into force on 1 January 1983 after the adoption of the Portuguese Constitution of 1976. The new Penal Code replaced the old one of 1886 after the end of the authoritarian regime of the '' Estado Novo'' in 1974 and the restoration of democratic laws in Portugal. The Penal Code of 1886 was also applied to Macau until the adoption of the Penal Code of Macau in 1996. Similarly, the Penal Code of 1886 was applied to Angola until February 2021, when the Criminal Code of 2020 was adopted. Previous codes Before the current Code, Portugal had the following Penal Codes: # Penal Code of 1837: Never came into force, because of the establishment of the Constitution of 1837 # Penal Code of 1852: It went through major reforms throughout its history, including the abolishment of the death penalty for civil crimes in 1867 # Penal Code of 1886 See also * Legal system of Portugal * Murder (Portuguese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ages Of Consent In Europe
The ages of consent vary by jurisdiction across Europe. The ages of consent are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18) and Vatican City (18), do not fit into this pattern. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference, provided the older one is not in a position of power, a relative, or is committing another form of exploitation (such as abuse of power or dependence). In some jurisdictions, including Italy and Hungary, there are exemptions if the age difference is within prescribed bounds. All jurisdictions in Europe have equal and gender-neutral age limits. All jurisdictions in Europe per List of sovereign states and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes incarceration of women, gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. The legal system needs to permit those subject to the law to regulate their conduct with certainty and to protect those subject to the law from arbitrary use of state power. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. The degree to which the concept of legal certainty is incorporated into law varies depending on national jurisprudence. However, legal certainty frequently serves as the central principle for the development of legal methods by which law is made, interpreted and applied. Legal certainty is an established legal concept both in the civil law legal systems and common law legal systems. In the civil law tradition, legal certainty is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laws Regarding Child Pornography
Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal (e.g. production, distribution, possession, and/or downloading and viewing of material). Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography. Several organizations and treaties have set non-binding guidelines (model legislation) for countries to follow. While a country may be a signatory, they may or may not have chosen to implement these guidelines. The information gi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography Laws In The Netherlands
Child pornography laws in the Netherlands declare child pornography illegal, making it one of the 103 out of 193 UN member states where it is illegal. Dutch law referring to child pornography According to the Wetboek van Strafrecht: * Article 240b, number 1 prohibits the production, distribution, possession and sale of child pornography, and gaining access to it by means of the Internet. Maximum imprisonment is 4 years or a fine of the fifth category (€ 78,000). * Article 240b, number 2 prohibits committing crime, described under number 1 as a profession or as a habit. Maximum imprisonment is 8 years or a fine of the fifth category (€ 78,000). In the Netherlands, the definition of child pornography is: pictures (photos and videos) of sexual acts of someone that ''seems to be'' younger than 18 years. Chick-arrest In 1970, the publication of sex magazine '' Chick'' resulted in the Dutch "Chick-arrest" by the Supreme Court of the Netherlands, which in turn led to the new Dut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography Laws In The United Kingdom
Child pornography laws in England, Scotland, Wales and Northern Ireland are covered by the Protection of Children Act 1978 ("the 1978 Act"), which made it illegal to take, make, distribute, show, or possess for the intent of showing or distributing an indecent photograph of someone under the age of 18. The maximum penalty is 10 years in prison. In the context of digital media, saving an indecent image to a computer's hard drive is considered to be "making" the image, as it causes a copy to exist which did not exist before. , Internet Watch Foundation - R v Bowden Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. The prohibition of content on the Internet that is potentially illegal under this law by British |
Child Pornography Laws In The United States
Child pornography laws in the United States specify that child pornography is illegal under federal law and in all states and is punishable by up to 20 years' imprisonment or a fine of $5000. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity. Definit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography Laws In Australia
Child pornography laws in Australia prohibit all sexual depictions of children under an age set by state and territory legislation. The relevant ages are under 16 in the Australian Capital Territory, New South Wales, Queensland and Western Australia, under 17 in South Australia, and under 18 in the other jurisdictions and under federal law. The laws covering child pornography are differently defined in the various Australian jurisdictions, as are the penalties. The laws also cover depictions of sexual acts involving people over the threshold age who are simulating or otherwise alluding to being underage, even if all those involved are of a legal age. People have been successfully prosecuted after describing acts of abuse via MMS. The maximum penalty for the possession, production, distribution, import, export, sale, or access over the internet of child pornography is 15 years imprisonment. This was increased from 10 years in March 2010. A fine of up to A$275,000 may also come in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography Laws In Canada
Child pornography laws in Canada forbid the production, distribution, and possession of child pornography, which are punishable by up to 20 years' imprisonment or a fine of $5,000. Visual and written representations Prohibition covers the visual representations of child sexual abuse and other sexual activity by persons (real or imaginary) under the age of 18 years or the depiction of their sexual organ/anal region for a sexual purpose, unless an artistic, educational, scientific, or medical justification can be provided and the court accepts that. It also includes the written depictions of persons or characters (fictional or non-fictional) under the age of 18 engaging in sexual activity.''Criminal Code'', RSC 1985, c C-46, s 163.1 as enacted by SC 1993, c 46, s 2. Courts in Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography Laws In Japan
The production, sale, distribution, and commercialization of child pornography in Japan is illegal under the ''Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children'' (1999), and is punishable by a maximum penalty of five years in prison and/or a fine of ¥5,000,000. Simple possession of child pornography was made illegal by an amendment to the act in 2014. Virtual child pornography, which depicts wholly-fictional characters, is legal to produce and possess. Manga artists and anime directors have argued that it is dangerous to try to define child pornography when it comes to artwork, drawings, and animation when regarding hentai due to it being highly ambiguous, and have cited freedom of expression to prevent it from being abused. For example, they argued that even in the anime and manga series ''Doraemon'', the scene of the schoolgirl Shizuka Minamoto taking a bath might be mis-construed as "child pornography". Arts de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
