What is the punishment for viewing porn sites?
The further computer technology develops, the greater the threat increases. As a rule, these are malicious programs, namely computer viruses. Plus, there is such a thing as making money on the Internet, and many webmasters take advantage of this, earning really serious money. One of the areas of activity is website building and further development.
The topics can be anything, since people are interested in almost everything. There are white themes, and there are gray ones, like porn sites. This topic is prohibited and even, to some extent, criminally punishable. Nevertheless, this business is profitable, because webmasters continue to work in this topic, thereby earning fabulous money.
The point is that the owner of the porn site is well aware that the visitor will not want to publicly talk about visiting such sites, even to law enforcement agencies. Taking advantage of this, virtual “businessmen” can easily make money from such individuals, for example, through extortion.
Previously, this method of extortion was effective: web criminals, after a user visited their porn site, introduced a special virus into the computer system. After this, the user, having accessed the browser, sees a rather frightening pop-up window, for example, with a mark from the Ministry of Internal Affairs of the Russian Federation, saying that attempts were recorded to view prohibited sites, and so on. This is followed by a requirement to pay a fine of 500 rubles or more. In most cases, the criminals left a phone number where the assigned amount of money had to be transferred. To ensure that the user makes the transfer, there is a warning that if payment is not made on time, they will send a task force or some other threats.
This program was later called the “Ministry of Internal Affairs virus”, and it still works. Naturally, an ignorant person begins to panic, because, firstly, he believes in what is written, and secondly, wherever he goes online, he is haunted by this very ominous banner.
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Recently, attackers have come up with new ideas for stealing citizens’ funds, including cyber attacks demanding payment of several hundred dollars for an imaginary guarantee of the safety of personal photos and videos from users’ device cameras.
What to do when you receive blackmail letters from an unknown sender? Is it really possible for an attacker to record video from a webcam when a person visits adult sites? The VV correspondent talked about this and much more with the senior detective of the criminal investigation department of the Internal Affairs Directorate of the Vitebsk Regional Executive Committee, Andrey Labut. But first, some background.
What does the blackmailer want?
In the networked virtual nooks and crannies it is quite easy to hide not only ends in the water, but also your personality. Hiding under fake accounts, people consider themselves invulnerable and commit crimes without fear. I was convinced of this personally.
My next working day did not foretell any extraordinary events. I’m sitting at the computer, performing my direct duties, and I see that new correspondence has arrived in the mail. I open it, and there is a letter informing me that third parties have access to my device.
“I have very bad news for you. I hacked your operating system and gained full access to your account...” This is how the message began. Then it was said that the malware read all the information on the operating system.
“How did I do this? There was a weakness in the software of the router through which you accessed the Internet. I simply hacked this router and placed my malicious code on it. When you went online, my Trojan was installed on the OS of your device. After that, I made a complete copy of your disk (I have your entire address book, website browsing history, all files, phone numbers and addresses of all your contacts),” it was further reported.
Then the author of the email changes his tone and says that he wanted to lock the device and ask for a small amount of Bitcoin to unlock it. But then he studied all the sites that I allegedly visited and changed his mind.
“...I was shocked by what I saw!!! I mean adult sites. Your fantasies have nothing in common with the normal perception of an ordinary person. And I had an idea... I took a screenshot of the adult sites where you have fun (You know what this is about, right?). After that, I took screenshots using your device's camera and stitched them together. It turned out amazing! This will impress anyone, especially your friends!”
For his silence, the author of the letter asks for no less than 650 dollars, adding that this is an extremely small amount for such a “strawberry”. You had to pay in bitcoins. The transfer period is 48 hours from the moment the message is opened. Otherwise, the blackmailer threatens that my device will be blocked and all contacts will receive screenshots with vulgar content.
Finally, the letter writer adds: “You are not my only victim. And I guarantee you that I will not bother you again after payment! This is the word of a hacker. I also ask that you regularly update your antivirus software in the future. This way, you will never find yourself in a similar situation again. Don't be mad at me! Everyone has their own job. Good luck".
There is no compromising evidence
As Andrey Labut, senior detective of the criminal investigation department of the Internal Affairs Directorate of the regional executive committee, noted, mailing lists on the topic of compromising pornography have existed for quite a long time. Around the world, the number of users who have received such letters is in the millions.
I experienced myself that it is quite difficult to ignore such a letter purely psychologically. This point was also emphasized by the interlocutor.
“Even if a person has an ordinary smartphone with a camera pointing upward, or does not have a laptop with a webcam, the resulting paranoia will make him worry,” noted Andrei Iosifovich. – Almost everyone will go searching the Internet to make sure whether a computer or smartphone could really be hacked and whether it was recorded on video while watching adult films.
By the way, the mailing is done automatically using leaked databases of hundreds of thousands of pairs of email addresses. The attacker knows nothing about you (unless you are the owner of, for example, an oil field). Moreover, if some person wanted to harm you personally and do something similar in private, then nothing would stop him from taking your photo and editing it with any random video from a porn site.
Some attackers offer to follow a link so that you can be convinced of the existence of compromising evidence (if you follow the link, you will not find any compromising evidence). Instead, there will be an encryption Trojan that will encrypt files on the device, and you will have to pay a ransom for decryption.
An ordinary user does not need to be afraid that someone is filming him on a webcam or someone is seeing what is displayed on the screen of the device, because to do this requires complex actions individual for each victim.
The main thing is don’t panic
As Andrey Labut explained, scammers send out mailings in the hope that one of the users will take their bait. It is on this principle that the law of large numbers works: if you send a mailing to a hundred users with an attempt to scare them with compromising pornography, then there will definitely be a few who will believe it and transfer money for peace of mind.
By the way, 2 criminal cases have already been initiated this year based on similar facts of theft of money.
If you received such a letter, then:
- do not fall into confusion and confusion, do not panic and do not take inappropriate actions;
- Do not click on the links under any circumstances, or better yet, do not open these messages at all;
- do not respond to the attacker’s letter so that he does not receive confirmation that this email address is valid;
- do not transfer money;
- If the letter contains one of your passwords that you use somewhere, be sure to change it.
Photos from open sources.
Register of prohibited sites
In 2012, by decree of the state, a special register of prohibited sites was designed to protect citizens from malicious information and programs from the Internet. The automated system works according to a smart algorithm, searching the network for malicious material. If one is detected, both providers and owners of the sites that source this information are immediately notified. If no measures are taken, Registry employees block the site.
Moreover, we are talking not only about pornographic sites, but in general about any sources of extremist information, including terrorism, racial intolerance, political extremism and the like. As for pornographic websites, they are prohibited according to Article 242 of the Criminal Code of the Russian Federation. By percentage:
- 40% - information about narcotic drugs;
- 30% - on suicidal topics and topics that threaten life and health;
- 20% - by calling for extremist movements;
- 10% - porn sites.
Child porn and criminal punishment.
We choose Themis ourselves - She, without blinking an eye, Manipulates the scales, Pulling the bandage tight...
Recently, law enforcement agencies have launched a broad campaign to combat the trafficking of materials or items with pornographic images of minors. The identification of these crimes on the Internet is carried out by the operational department “K” (the code value of the operation for identifying child pornography on the Internet is called “Weed”), constantly checking the Internet for the spread of child pornography.
But, as you know, “when the forest is cut down, the chips fly.” And in their desire to distinguish themselves by identifying and solving crimes related to the storage and distribution of child pornography, the bodies of inquiry and investigation not only make mistakes, but also often try to pass off “wishful thinking”, “pulling out” a more serious charge.
Despite the public condemnation of this category of cases, the task of the lawyer, nevertheless, is not to leave the mistakes of the investigation unattended, protecting his client from unfounded accusations.
In my previous article, I already talked about how criminal cases related to the distribution of pornographic material on the Internet are identified, formalized and carried out. In this article I will tell you what responsibility arises for the distribution of child pornography and how the age of the person depicted in the photo and video is determined.
Of course, the primary task in identifying pornography on the Internet is to identify the fact of distribution of child pornography, therefore my previous recommendations for defense against charges of distributing pornography are also relevant when defending against charges of committing a crime under Art. 242.1 of the Criminal Code of the Russian Federation (Production and circulation of materials or objects with pornographic images of minors).
Criminal liability for trafficking in child pornography is provided for in Article 242.1 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 14-FZ dated February 29, 2012), which classifies this crime as a serious crime, providing for punishment for production, acquisition, storage and (or) movement across the State Border Russian Federation for the purpose of distribution, public display or advertising or distribution, public display or advertising of materials or objects with pornographic images of minors - imprisonment for a term of two to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years or without it (Article 242.1 Part 1 of the Criminal Code of the Russian Federation).
At the same time, in the presence of qualifying criteria, such as: - commission of a crime against a person under fourteen years of age; - commission of a crime by a group of persons by prior conspiracy or by an organized group; - committing a crime with the extraction of income on a large scale (the amount of income exceeding 50,000 rubles); - committing a crime using the media, including information and telecommunication networks (including the Internet), is punishable by imprisonment for a term of three to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years, or without it and with restriction of freedom for a period of up to two years or without it (Article 242.1. Part 2 of the Criminal Code of the Russian Federation).
As you can see, distributing images of child porn via the Internet immediately qualifies the crime, determining the punishment from 3 to 10 years in prison.
Of course, if the suspect has not been previously convicted, he can still hope for a suspended sentence if he is not charged under Art. 242.1 part 2 paragraph “a” of the Criminal Code of the Russian Federation, that is, the distribution of pornography depicting persons under 14 years of age will not be proven.
The fact is that the note to Article 73 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 14-FZ of February 29, 2012) equates the distribution of child pornography depicting persons under 14 years of age to crimes against the sexual integrity of minors, not who have reached the age of fourteen, and, therefore, in accordance with paragraph “a” of Part 1 of Article 73 of the Criminal Code of the Russian Federation, when determining the punishment for the perpetrator, does not provide for a suspended sentence!
The expectation of the accused to “receive” a suspended sentence in court, with his cooperation with the investigation, admission of guilt or consideration of the case in special proceedings, as the operatives and the investigator promise him, will remain only his expectations.
In my practice, there was a criminal case where the defendant, having listened to the appointed lawyer and the investigator, received a real sentence under the totality of Art. 242.1 part 2 paragraphs “a, d” and art. 242 part 3 paragraph “b” of the Criminal Code of the Russian Federation in the form of 4 years 6 months of real imprisonment for the acquisition, storage and distribution of pornography (including images of persons under 14 years of age) using the Internet, upon recognition of guilt and consideration cases in court in a special manner. In the courtroom he was taken into custody.
The court's verdict was a shock for both him and his relatives, since the appointed lawyer, during the preliminary investigation and in court, assured the client that everything would cost him a suspended sentence.
While defending the convicted person already at the appeal stage, I was unable to change the verdict on appeal. Although the case did not produce evidence of the acquisition of child pornography, the investigation did not establish when and under what circumstances the video files got onto the computer (since before the amendments to the Criminal Code of the Russian Federation in 2012, this act was not criminally punishable), and, therefore, there were grounds to change the court verdict and mitigate the imposed punishment. But as the appellate judge stated, “the defendant voluntarily confessed to everything, and there is no reason to investigate the validity of the charges brought in a case considered in a special manner.”
The fact is that consideration of a case in a special manner does not imply the court's examination of evidence of the defendant's guilt as charged. The accused, agreeing to a special order after consultation with his lawyer, actually admits to everything that the investigator wrote in the accusation. The court can only impose a punishment.
Therefore, before admitting guilt and agreeing to a special procedure for considering the case in court, the accused should carefully weigh everything and consult with a lawyer whom he trusts and whose professionalism he does not doubt.
Despite the severity of the charges and without alternative punishment under Art. 242.1. Part 2, paragraph “a” of the Criminal Code of the Russian Federation, however, it is possible to build a defense - challenging the fact of distribution of child pornography and the age of the person depicted on the medium.
In a previous publication, I already said that to prove the guilt of a suspect in distributing pornographic material, a number of examinations are ordered and carried out. This includes examinations to determine the age of persons depicted in photos and video files, and to determine whether an image is pornographic.
If the definition of child pornography is simple - in accordance with the note to Art. 242.1 of the Criminal Code of the Russian Federation, the criminal law defines materials and objects with pornographic images of minors as materials and objects containing any image or description for sexual purposes: - fully or partially naked genitals of a minor; - a minor committing or simulating sexual intercourse or other acts of a sexual nature; — sexual intercourse or other acts of a sexual nature committed against a minor or with his participation; - an adult person pretending to be a minor, committing or imitating sexual intercourse or other actions of a sexual nature.
That is, determining the age of the persons depicted in the pornography under study causes some difficulty for the investigative body. The fact is that there is no scientific method for determining the age of persons shown in photos and videos .
In preparation for one criminal trial, I sent a lawyer's request to the Russian Center for Forensic Medical Examination of the Ministry of Health of the Russian Federation and to the Novosibirsk Regional Clinical Bureau of Forensic Medical Examination with a request to inform whether such examinations are carried out and whether there are similar methods for conducting examinations. According to the responses received, such examinations are not carried out by expert institutions due to the lack of appropriate techniques.
photo No. 1 Response from the Federal State Budgetary Institution RCSME of the Ministry of Health of Russia.
photo No. 2 Response from GBUZ NSO "NOKBSME".
The lack of a methodology gives investigators and operational officers the opportunity for their perverted fantasies to prove this qualifying feature of a crime. Wanting to prove a serious crime, whoever they attract as so-called “experts” to give an opinion on the age of the persons depicted in the photos and videos under study.
In the Novosibirsk region, A.P. Nadeev is hired as such a “specialist.” - Head of the Department of Novosibirsk State Medical University. Having an agreement with the Department of Internal Affairs of the Novosibirsk Region, for a fee, he gives the conclusion of interest “by eye”, without any methodology or research.
Here is an example of one such “expert opinion”. Please note that it does not even contain a description of the study of the presented video files. What the “expert” saw, in which video file, at what minute of the image, by what features of the image he came to his conclusion, what expert methodology he used - you will not find any of this in this conclusion.
photo No. 3 Expertise by Nadeina A.P. about determining a person’s age from an image.
This “expert”, questioned by me in court, did not even know the basic methods of determining the age of living persons, showing that he conducts examinations according to a sample (template) that was previously provided to him by law enforcement officers!
Unfortunately, this practice is widespread not only in the Novosibirsk region. I have seen similar “expert reports” in criminal cases in other regions. And this “competence of experts” does not confuse either the investigation or the court. By putting such criminal cases “on stream”, they “speculate” on human destinies for the sake of detection and demonstrative fight against pedophilia and the distribution of child pornography. In fact, such criminal cases belong to the category of those cases where the visibility and demonstrativeness of the fight against such crimes is placed above the rule of law.
And if the line beyond which a person faces prison, that qualifying feature - the commission of a crime against a person under fourteen years of age, depends on the conclusion of such “experts”, then such a conclusion must be questioned or recognized as unacceptable evidence, and this work has already depends on the lawyer you trust.
Acquittal for distributing child pornography.
Fine for viewing prohibited sites in Russia
In 2017-2018, there are no fines for viewing such sites. Most likely, it won’t, since in any case, the prohibited sites are already included in the Register, so they are simply inaccessible. Even if a site on a similar topic somehow appears on the Internet, it is the provider who will be punished, and not the citizen who accessed this resource.
In fact, it was planned to introduce fines. There have been quite a few bills on this issue since the early 2000s. This is understandable, since there were a lot of projects on the topic of child pornography, extremism, and so on. However, since then the matter has not moved forward, and Internet providers and government agencies are responsible for all this.
If we compare, for example, with European countries, then criminal punishment awaits not only producers and distributors of child porn, but also users who are interested in this topic. And tracking them down is not that difficult. The situation is the same in the United States. In our country, only the distribution and production of such products are criminally punishable.
