The need to establish strict measures of responsibility for the manufacture and trafficking of "adult materials" was recognized by the world community as early as 1923. This was due to the adoption of the Geneva International Convention, the postulates of which were subsequently transferred to Soviet law. Currently, the composition of this crime contains 242 articles of the Criminal Code. For what actions in the field of sexual life of people is criminalized in the legislation of Russia? Consider below.
Object of crime
The dissemination of pornography, as well as its creation, causes serious damage to public morality. The object of this illegal act is ethics in the sphere of sexual life. Firstly, pornography damages family abilities. Secondly, her vocation is to increase unhealthy sexual passion, which, in turn, encourages people to satisfy their sexual desires in a sophisticated form. Thirdly, these materials can lead to degradation of the personality, not only moral, but also physical. Fourth, pornography causes great harm to children whose worldview and moral principles are not stable and finally formed, and affects their development and upbringing. All of these negative consequences of the distribution of “adult materials” were the reason that 242 article of the Criminal Code currently defines such activity as criminal.
Subject of crime
This category indicates a certain thing, any material element, as a result of direct influence on which an illegal act is carried out. Article 242 of the Criminal Code of the Russian Federation considers “adult materials” as a subject of a crime. In the role of such can be considered print media, drawings, photo or video materials, sculptures. Pornography is an image of the sex life of people obscene, especially cynical and extremely naturalistic in nature. Erotica is not the subject of this crime.
Despite the fact that it also reflects the sexual aspects of people's lives, yet it does not have that immoral and rude nature and does not cause such a lascivious attraction. In addition, article 242 of the Criminal Code does not punish the creation and distribution of images of naked people for the purposes of science and education in textbooks and manuals. Artists, sculptors, photographers and other representatives of creative professions that fix the beauty and aesthetics of the human body will not be held accountable.
Objective side
Article 242 provides for punishment for the commission of six acts in this area. The first of them is the creation of pornographic materials, whether it is photo or video shooting, printing, copying of relevant objects. The second part is their movement across the border of the Russian Federation (both import and export). The third act is the distribution of such materials. It can be expressed in the transfer, gift, sale of pornographic items. The fourth composition involves a public demonstration of "adult materials" (on television, banners, as well as other means). The fifth type of act is the advertising of such pornographic objects, which is carried out with the aim of introducing a wide range of persons to them. And, finally, the last, sixth composition, which article 242 of the Criminal Code provides for in its 2nd part, is the involvement of a child under 18 in the circulation of such materials.
Subjective side
It is impossible to commit such acts by negligence. Article 242 indicates an atrocity that can only be committed with direct intent. Another element of the subjective side of the crime under consideration is the goal. It acts as a mandatory feature in the manufacture and movement of "adult materials" across the country's borders. So, in these formulations, it is mandatory to establish the desire of the criminal to certainly distribute, demonstrate in public or market such items.
Subject
Article 242 of the Criminal Code of the Russian Federation fixes the punishment for the creation and distribution of “adult materials”, which can be applied to any person over 16 years of age. Special age requirements, namely coming of age, are provided for by this atrocity committed in the form of attracting minors to pornography.
Additional items
The provisions of article 242 of the Criminal Code also provide for a number of qualifying features, the establishment of which aggravates the liability of criminals. The first of these is the minority of victims. The law puts as its priority the protection of the normal development of children, both moral and physical. The second sign is the way of committing the crime, namely the use of the media and the Internet for criminal purposes. The third reason for increasing responsibility for such acts is the receipt of profits of more than 50,000 rubles as a result of this crime (large-scale income). The fourth attribute describes the subjects of the crime. The law provides for increased responsibility if the creation and marketing of "adult materials" was carried out by a group of people and this activity was agreed and organized in advance.
Lack of composition
What should the criminal prosecution body or court do when one of the spouses demonstrates “adult materials” to the other? Does article 242 of the Criminal Code of the Russian Federation also apply in this case? Commentary on this legislative act interprets this act as not having public danger. It is believed that in this case morality and traditional family structures are not affected. Also, people who created pornographic materials, as well as transporting them across the state border for personal purposes, and not if they want to distribute them, will not be held accountable. Thus, Article 242 of the Criminal Code contains a mass of atrocities, many qualifying features, and makes special demands on the subjects of the crime.