He crime of child pornography It is a criminal act that requires interpretation and Legal procedure important and specific. It cannot be processed in the same way as other types of crime, since it refers to the safety and integrity of minors.
Due to this, a series of fundamental laws converge that govern the regulations for the protection of minors. And, unfortunately, in recent years these crimes due to the massive use of many current technological tools.
In this article we will explain about the crime of child pornography, what are its characteristics and other fundamental elements of legality.
How is a crime of child pornography detected?
It is understood by crime of child pornography any act related to materials where minors are exposed on a sexual level. There are different types of child pornography materials, although those with visual elements predominate in the first place.
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This is because the age of the victim is easily determined through visual materials. When it comes to audio and written accounts, more exhaustive research is required to formally verify the age.
Among world statistics, it is estimated that a 20% of porn In general it has minor content. These are very high figures and they put at risk many minors who are vulnerable as a result.
Child pornography is not only about audiovisual elements, but also about everything that has graphic elements of the act. Therefore, photographs and other types of elements that involve the victims in sexual acts are also included.
Most countries in the world prohibit access, creation, consumption, possession and distribution of such materials. The Interpol It is one of the international institutions that is responsible for regulating these actions and interceding in the countries.
The materials may be fictitious in nature, with details very similar to reality, intentionally for consumption. Many people involved have been prosecuted for promoting this type of child pornography, even if it was the result of animation activities.
In 1996, almost all child pornography material originated in Japan, for different reasons. In addition to there being certain child prostitution networks, others were very realistic animated videos about sex with minors.
Currently, the western region is the one that has the best regulations and laws regarding child pornography crimes.
Some of the types of child pornography crimes
One of the most common crimes that have been prosecuted in this category are those of possession of child pornography. Normally the files are located on computers, where everything is kept more confidential depending on those involved in the matter.
In the Penal Code there is article 189, section 5, which explains the penalties for possessing child pornography. There it is established that all possession of elements of this type must be punished completely, without any exception.
On the other hand, there is the crime for dissemination of child pornography, which requires a more specific legal process. In case of possession and diffusion, the absorption process is applied, where only the respective diffusion is processed.
An important classification of this topic is the aggravated subtype group of child pornography crimes and their penalties. Normally this classification refers to the age of the victims and the other paraphilias that may be related to it.
There is also a section that explains that there is a greater grievance when there are victims who have a health disability. This group also includes victims of sexual assault and physical violence in the established registry.
Through these acts, degradation and grievances are applied to the victims, which is why they require legal protection. For their part, the under 16 years old They are another group that has an aggravated subtype within the classification.
On average, the penalty for this classification of acts of aggravated subtypes can vary from 5 to 9 years. It all depends on the characteristics of the facts and other types of factors that apply during the sexual crime.
Depending on the specification, there are various ways of applying the law and classifying explicit sexual acts with minors.
Other characteristics of this legal process
According to Expert Lawyers in Child Pornography Crimes, A fundamental element that differentiates it from sexual assault is that in this case consent has no legal significance. It does not matter that the minor has given his consent, since he is still a minor, without maturity or aptitudes.
In cases of virtual child pornography, it refers to the animation of fictional characters very similar to reality. The closer it is to reality, the more it is considered a crime, even if it has many false characters in its stories.
It is also important to take into account that there is pseudo child pornography, a crime that is peculiar for its execution. This deals with the manipulation of the victim's graphic material to relate it to acts of a sexual nature by modification.
For this occasion, the victim does not have direct contact with the act, but her image is seriously manipulated. The charges are worse in cases where the manipulation comes closer to actual sexual acts.
There is also the technical pornography, which is based on placing older people with physical characteristics similar to small children. For these occasions, it is essential to carry out relevant research to know the age of the participants in the pornography act.
The State is responsible for considering whether it is necessary to apply a judicial and legal system for such technical cases. This is because the sexual act suggests in a very realistic way that she was a minor.
Knowing this information is essential to know how to proceed before the law and its institutions in these cases. With this you already have an idea of these crimes.