Almost every day in Russia certain laws are adopted, many of which pass the glance of a wide audience. However, failure to comply with them can result in serious trouble, ranging from a fine to a real prison sentence. Today we’ll talk about what you shouldn’t store on your hard drive unless you want to get into a very unpleasant situation.
Fine for viewing pornography
2. Distribution, public display or advertising of pornographic materials or objects among minors or involvement of a minor in the circulation of pornographic products, committed by a person who has reached the age of eighteen, is punishable by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities. for a period of up to ten years or without it. 3. Acts provided for in parts one or two of this article, committed: a) by a group of persons by prior conspiracy or by an organized group; b) using the media, including information and telecommunication networks (including the Internet); c) with the extraction of income on a large scale - is punishable by imprisonment for a term of two to six 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.
Note. Large-scale income in this article, as well as in Article 242.1 of this Code, is income in an amount exceeding fifty thousand rubles. Article 242.1. Production and circulation of materials or objects with pornographic images of minors (as amended by
Federal Law of February 29, 2012 N 14-FZ) 1.
Production, acquisition, storage and (or) movement across the State Border of the Russian Federation for the purpose of distribution, public display or advertising or distribution,
Quacks
This point will be especially interesting for gamers; many probably don’t even suspect that by downloading a crack for a just released toy, they are risking their freedom under Article 237 of the Criminal Code of the Russian Federation. There may be a restriction of freedom for a period of 2-4 years, or imprisonment for up to 4 years along with a fine of up to 200 thousand rubles inclusive. Moreover, the punishment is the same both for creating such software and for using it for free use of licensed programs. By law, this is the neutralization of computer information protection means.
Many people believe that the police or intelligence agencies have no reason to check their hard drive, and therefore feel safe. This opinion is partly fair, but many of the cases under the mentioned articles are initiated due to a coincidence of circumstances from which no one in our country is immune. And if you can get punished for downloading pirated software only if you have really annoyed someone too much, then no one will joke with the keepers of child pornography or malicious software. In general, it is better not to store anything mentioned in the article on your devices - you will save a lot of nerves, time and effort.
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Is there a risk of liability under Article 242?
Hello. My name is Igor, I'm 23 and I'm a complete fool. But that’s not the point now. I was recently overcome by curiosity and decided to download Japanese-made (censored) porn films via torrent.
I checked thoroughly, there was nothing involving minors, much less children. There was a large 24 GB pack, but I didn’t download everything and downloaded 12 GB of movies. For the legality of these actions, I specified in the settings the maximum DISTRIBUTION speed of 1 kb/s.
But to my ignorance, this then provoked a drop in the UPLOAD speed. As a result, everything was swinging somewhere from 6 pm to 12 am.
I left it and didn't pay much attention. Since the process began to drag on, I deleted everything and specified the maximum DISTRIBUTION speed of 10 kb/s. After that, the download speed became normal and I quickly downloaded everything in parts. In the information section of the torrent it was written “uploaded: 0” and therefore I was calm. But then I decided to go into the program settings and it shocked me.
In the traffic section, completely different information was indicated. According to my very subjective estimates, during the DOWNLOAD of these films, approximately 500MB to 2GB MAXIMUM was given away (out of a total volume of 12GB).
This is despite the stated low upload speed. I would like to note that as soon as the downloading of such files was completed, I immediately deleted the torrent (well, after a maximum of 2 minutes, no more).
Lost in conjecture and reading stories on the Internet, I brought myself to nervous exhaustion. My sleep deteriorated (became intermittent, sometimes completely absent), my appetite disappeared, I began to have nightmares that a criminal case was opened against me on this issue. I have never felt so exhausted.
Please tell me, did I break the law related to distribution?
So what should I do? March 30, 2021, 10:20, question No. 1200809 Igor,
Moscow Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 8807 answers 2888 reviews Chat Free assessment of your situation Lawyer, Samara Free assessment of your situation Hello! This is not distribution, when you download a torrent, distribution is in progress for those who also download.
Download less porn at night, exercise more and pay attention to healthy eating and your sleep will be fine.
March 30, 2021, 10:42 2 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions 08 January 2021, 15:35, question No. 1493323 28 December 2015, 16:38, question No. 1086261 19 August 2021, 17:23, question No. 2082815 06 July 2021, 18:11, question No. 2045726 20 June 2021, 23:57, question No. 1290215 See also
Accused of distributing pornography
In any situation, the division between “obscene” and “decent” will be determined by the culture and laws of the country where the case is being heard. Pornography is classified as taboo under various international agreements.
Russia can be called a country in which there are relatively mild penalties for distributing pornography, when compared with punishments in some Muslim and other countries. In a number of countries, a person accused of this crime is sentenced to death. When the Internet began to develop, most pornographic materials migrated there, and not only to domestic sites.
By the way, law enforcement officers are powerless against this kind of resources, as well as against the users who visit them. In accordance with the law, liability for this crime begins in case of distribution of pornographic materials and for their storage with the purpose of distribution. Personally for oneself (for one’s own needs ) you are allowed to download as much information as you want. You need to be as careful as possible, since recently the police have become even more inventive, and, one might say, sit around the clock on social networks and dating sites in search of gullible users who will fall for their tricks.
We recommend reading: How many times a day do banks have the right to call? According to the law, a person is not a debtor
Once you have fallen into their network, all your correspondence will be recorded. In the event of a personal meeting with the object of your desires in real life, you may be unpleasantly surprised when you see not your long-awaited soulmate, but police officers.
Pirate music, films and books
Storing music, films, books on a computer without the permission of the copyright holder is tantamount to storing programs.
You can be held accountable under clause 7.12 of the Code of Administrative Offenses only if they prove that you received income through pirated content. For example, if they turned on music in a cafe.
Another option is prosecution under Art. 146 of the Criminal Code of the Russian Federation for copyright infringement. But it only applies to the storage of large-scale recordings - if the value of the works exceeds 100 thousand rubles. In a particularly large one – 1 million rubles.
The penalties for “large size” are listed above (as for distributing pirated software). For a particularly large one, you face:
- Imprisonment for a term of up to 6 years + a fine of up to 500 thousand rubles or the income of the convicted person for a term of up to 3 years;
- Forced labor for up to 5 years.
advocate-general.com
Verified on September 11, 2009. And the information you have is a money scam. They want to accuse a friend of distributing child pornography on the Internet, the video was deleted from the network a year and a half ago, the police have parts of some of the video recordings, can they prove that he distributed it , if there are witnesses who saw this video?
if they establish that he spread it, then things won’t be very good for your friend.
but no one knows whether they can prove it or not, you need to look at what evidence there is, talk to a friend and find out what exactly he did.
Hello, Evgeniy Sergeevich! Only a lawyer participating in the case can answer your questions. Nevertheless, pornography has a number of significant differences from erotica.[⇨] In the modern world, the issue of criteria for pornography is especially important in connection with the widespread development of the pornography business[6].
The situation is the same with the goddesses of fertility, the elements and yesterday’s raid on a teacup, who decided to appear on Earth in the form of a 12-year-old girl and indulge in debauchery. The first repeated the old version and provided for punishment in the form of imprisonment for up to two years for
“illegal production and distribution of pornographic materials or objects”
.
The second gave judges the option of giving ten years for distributing such content to minors. The third introduced an aggravating qualification for the “illegal” distribution of pornography - by a group of persons by prior conspiracy or by an organized group, with the extraction of income on a large scale, that is, over 50 thousand rubles, and using the media, including the Internet.
What article is provided for the distribution of pornography, its viewing and production in the Criminal Code of the Russian Federation and other regulations?
When considering cases related to pornographic products, in each specific case a conclusion of art criticism is required, which allows classifying the classified materials as cultural property or propaganda of animal instincts and immoral behavior.
It is the awakening of the animal component in a person, which ultimately leads to personality regression and degradation of the human race, leaving an imprint on general concepts and dogmas of morality, that makes pornography an unacceptable phenomenon, causing a negative attitude from society and widespread condemnation of such products.
A specialist will talk about why pornography is dangerous for humans in the following video: The typology of photos, videos and printed materials that are overtly pornographic in nature is usually made as follows:
- Porn, which is a varied product containing a minor introduction and a dominant volume of scenes of undisguised intercourse, without any censorship, with the display of genitals and scenes of open ejaculation or its imitation.
- Illegal porn that displays products that deviate from normal sexual practices, including:
- Light porn, often almost indistinguishable from
- Hard porn is characterized by lengthy demonstrative demonstrations of the genitals, explicit sexual scenes, including those of a perverted nature, using a variety of devices and unusual methods of intercourse.
- Thursday, 2 October 2014 20:35
- Category: ,
- Tagged under: , , , ,
Unclosed distribution of a torrent file with a porn film led to the initiation of a criminal case and a suspended sentence. The Leninsky District Court of the city of Kemerovo convicted a 23-year-old girl, sentencing her to a suspended sentence of 2 years, under Article 242 of the Criminal Code of the Russian Federation (distribution and public display of pornographic materials with using the Internet).
“Distribution and public demonstration” was that the girl simply did not close the default torrent distribution of three porn films that she downloaded for herself. Anyone who has used torrents is aware that file distribution begins almost simultaneously “by default” with the start of downloading (this is the actual meaning of the system) and in order to prohibit distribution, you need to dig deeper into the settings.
Of course, no one ever does this.
It must be assumed that the unlucky porn lover did not even suspect the existence of such a possibility.
As a result: <.> she was “found out,” they burst into her home with a search, seized her laptop, and accused her of distributing pornography. <.>the followers were just being bullied. The result of the terrible “crime”: 2 years probation.
Oh@#th:, - A friend of a Kemerovo woman writes on a local forum.
Version of Kemerovo “law enforcement officers” on the website of the local prosecutor’s office It’s no secret that the Russian state machine has seriously taken charge of network users: criminal proceedings as a result of seemingly harmless user actions (liked, shared something bad) are initiated with increasing regularity, which gives reason to the publication’s observer to assume that Russian “law enforcement officers” have a “landing plan” in this regard that must be carried out.
And here is another absurd, and at the same time completely real verdict of the court of the city of Kemerovo, it seems that opens a new phase of the state’s offensive on the Russian Internet space: remember - from today you can be convicted simply for unclosed distribution of torrents. Be careful on the Internet. Video about Russia’s impressive successes in areas of technology instead of an afterword: CommentsNo similar materials
Porn
You can store porn, the main thing is not to accidentally fall under an article about the circulation and production of materials of this nature, so if you really want to share it with someone, it’s better to send a link to the resource where the videos are stored, rather than sending the video file itself. But in the case of child porn, even possession is punishable by law and, under Article 242 of the Criminal Code of the Russian Federation, you can go far and for a long time. The term is up to 8 years, and after serving time there is a ban on holding a number of government positions for a very long time.
Police threaten to jail porn lovers
The computer, by the way, is seized as evidence during the investigation.
As an example, Artur Vaishla cited the case of a Brazilian who “inherited” on forbidden sites both in Latvia and in his homeland. There are experts, but no money After the adoption last summer of amendments to the Criminal Law for downloading, importing into the country, manufacturing, publicly displaying, advertising or distributing by other means materials of a pornographic or erotic nature that describe or depict the sexual use of children, sexual contact between humans and animals, necrophilia or violence of a pornographic nature, as well as for the possession of such materials, criminal penalties have been introduced. Clear criteria defining which materials are prohibited and which are not have made it easier for the police to identify pedophiles and other perverts.
However, one problem still remains - the lack of funding for the work of experts. “No one wants to work without money,” says Artur Vaishlya.
- Even in those cases for which an investigation has been launched. As for qualified experts, the law clearly defines point by point what is pornography and what is not.
And any person who has even a little knowledge of art, medicine or psychology is able to use these criteria to determine whether an image or natural object contains illegal elements of a pornographic nature.” https://www.novonews.lv/news/2008/04/ 11/latvia/036352.html
Fine for viewing prohibited sites in Russia
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.
We recommend reading: Order of the Ministry of Internal Affairs for 10 days for family reasons, sample
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. Again, let’s make a reservation about the above. The Ministry of Internal Affairs of the Russian Federation does not have the right to block access to the network under any circumstances.
Until 2014, the powers to do this were strictly limited to judges, and a year later, these powers appeared to employees of the prosecutor’s office until the court makes an appropriate decision.
And then, the prosecutor’s office has the right to block directly
Activators, “cracks”
Tools that allow you to use a licensed program for free are a separate story, described in Art. 273 of the Criminal Code of the Russian Federation. Yes, also a criminal article.
Patches, “cracks” and activators are the neutralization of computer information security measures. For their use the following may be punished:
- Restriction of freedom for a period of 2 to 4 years;
- Imprisonment for a term of up to 4 years + a fine in the amount of up to 200 thousand rubles or the amount of wages or other income of the convicted person for a period of up to eighteen months;
- Forced labor for a period of 2 to 4 years.
The penalties for creation and distribution are the same as for use.
Viewing pornography and fines for it
This is all a scam, the Ministry of Internal Affairs never works like that and no one can issue a fine to you in this way, since it is not even known who to issue the fine to, since it is not known who is at the computer. But it is impossible to impose a fine on an unknown person, only on a specific one. Moreover, there is no responsibility for viewing porn sites; you can sit on them all day long.
This is a standard scheme, many people have already contacted the site with a similar question, never transfer anything to anyone via the Internet supposedly to pay fines. October 27, 2015, 11:00 0 0 791 replies 451 reviews Chat Free assessment of your situation Lawyer,
Sayanogorsk Free assessment of your situation Hello, Tatyana.
Of course, these are fraudulent activities. You do not have to pay any fine.
Restart your computer, if that doesn't help, reinstall the operating system. October 27, 2015, 11:00 1 0 9.9 Rating Pravoved.ru 18618 responses 7252 reviews expert Chat Free assessment of your situation Lawyer Free assessment of your situation
- 9.9 rating
- expert
Tatyana, good afternoon! 100% scammers, do not call anyone or write any SMS, for information, the articles of the Criminal Code mentioned in the message with watching porn have no connection with Article 241.
Organization of prostitution Article 242. Illegal production and circulation of pornographic materials or objects October 27, 2015, 11:02 1 0
Virtual contraceptioni
In short, by enjoying porn on your phone, you put yourself at much greater risk than by desecrating your laptop screen with naughty movies.
Operating systems, especially Android, do not have the same protection from viruses that computers can boast of. There are too many vulnerabilities that can be exploited by clever hackers.
The study showed that 40 of the 50 best sites for adults (Brazzers, AdultFriendFinder, Ashley Madison) suffered massive information leaks, and “trouble came from unexpected places” - the threat lurked in the most secure (in the eyes of the average person and antivirus programs) places.
Is it legal to download porn videos?
But young people are simply being psychologically broken,” says the lawyer.
Legal forums are full of similar messages, and computer forums are full of questions about how to remove the banner that pops up in the browser, with the help of which Internet scammers ask to transfer a thousand rubles to the Qiwi Wallet for stopping criminal prosecution under Article 242 of the Criminal Code. “Mediazona” explains why only suspended sentences are given for this serious article, and why it has become so popular among operatives of department “K”.
Conditionally grave Article 242 -
“Illegal distribution of pornographic materials and objects”
- first appeared in the Russian Criminal Code in 1996.
Info Consisting of one single part, it provided for up to two years of imprisonment for
“illegal production for the purpose of distribution or advertising”
or only the distribution of “pornographic materials or objects.” For more than a decade, lawmakers chose not to change it. What's happened? Roskomnadzor has blocked popular porn sites in Russia - PornHub and YouPorn.
The decision to block was made by the Buturlinovsky District Court of the Voronezh Region and the Pervorechensky District Court of Vladivostok. 2 Why did the courts decide to block these sites?
Because they considered that these sites disseminate information that is prohibited from disseminating in Russia. We do not have the full texts of the decisions of these courts, but judging by the available fragments, they cited laws prohibiting the distribution of pornographic materials.
3 What are these laws? There are many such laws.
Pirated programs
If the police find a pirated version of the program on your computer, they will open a case against you under Art. 1252 and 1270 of the Civil Code of the Russian Federation. By a court decision, you will be required to pay compensation to the copyright holder: twice the amount for each copy of a pirated program, or in the amount of 10 thousand to 5 million rubles for everything at once.
And if you earn money using a pirated program, then another fine will be imposed on you - under Article 7.12 of the Code of Administrative Offenses of the Russian Federation. For individuals this is 1.5-2 thousand rubles.
If you sell pirated software, this is a criminal case. According to Art. 146 of the Criminal Code of the Russian Federation this threatens:
- A fine of up to 200 thousand rubles or the amount of salary or other income of the convicted person for a period of up to 18 months;
- Compulsory work for up to 480 hours;
- Correctional or forced labor for up to 2 years;
- Imprisonment for up to 2 years.
The worst thing is that in any case, your hard drive will be confiscated until the end of the trial, because it becomes evidence. And such cases usually take months to be considered.
Is there really a punishment for this? Go to the State Automated Information System “Justice” and see for yourself.
Russian woman convicted of downloading pornography via torrent
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October 3, 2014 | A resident of the Kemerovo region was convicted of distributing pornographic films downloaded via torrent networks. The court found that the 23-year-old woman downloaded 3 films from June to November 2012 and left them publicly accessible.
The accused did not admit her guilt in distributing pornography, citing the fact that she did not provide access to the files.
However, the court found the woman guilty and sentenced her to two years of suspended imprisonment on the basis of article "b" part 3 of article 242 of the Criminal Code of the Russian Federation (distribution and public display of pornographic materials using the Internet). Did you like the post? Connect with us on Facebook!
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Educational program: is it possible to store pornography on a computer?
is for the production or storage for the purpose of distribution or advertising, or the distribution or advertising of pornographic materials or printed publications, images, other items of a pornographic nature, or the public demonstration of films or videos of pornographic content. Thus, if we are talking about distribution, demonstration or advertising, then liability arises both for the commission of such actions in relation to a pornographic video, and for the commission of such actions in relation to other items of a pornographic nature (including photos, audio, etc.).
What criteria do experts in Belarus use when separating erotica and pornography? In the Republic of Belarus, the Instruction is applied on the procedure for the production, reproduction, display, rental, sale and advertising of erotic products, products containing elements of eroticism, violence and cruelty, products on sex education and sex education, as well as products for sexual purposes.
