The modern technological world provides opportunities for much easier and more accessible creation of all kinds of digital materials, and their distribution is even easier and more accessible. These same technologies also facilitate the misuse of the images created, especially when it comes to nude or intimate photos and videos. This usually involves photos and videos that were supposedly taken for personal use but were later distributed as pornographic material for the purpose of revenge or blackmail by an offended or hurt former partner. Cases of creating and distributing pornography involving children or people who look like children are not uncommon.
A case from the law firm
A young woman had been in a long-term relationship with her partner, and as a result of their years together, she trusted him enough to allow him to film a series of videos of their sexual encounters. Over time, however, the two partners began to drift apart emotionally, resulting in the end of their relationship, with the young woman being the one to initiate the “breakup.” Her former partner begged her to return to him for months, but she categorically refused.
Ultimately, hurt and offended, her former partner uploaded a series of videos of sexual intercourse to a pornography website, in which only her face was visible. With the assistance of the law firm, a report was filed with the prosecutor’s office to initiate an investigation and impose punishment.
When are we talking about pornographic material?
Pornography is criminalized in our Penal Code, which provides for punishment for anyone who creates, displays, presents, broadcasts, offers, sells, rents, or otherwise distributes pornographic material. The law provides a legal definition of the term “pornographic material” as any material that is indecent, unacceptable, or incompatible with public morality and whose content depicts real or simulated lewd acts, copulation, sexual intercourse, including sodomy, masturbation, sexual sadism or masochism, as well as the lewd display of a person’s genitals.
The perpetrator of this crime may be any criminally liable person.
This crime can be committed in various ways—from creation and offering to broadcasting, selling, and distributing in any other way. The list of different ways in which the crime can be committed is not exhaustive. With the advancement of information technology, it is becoming increasingly easy to distribute pornographic material on the Internet and publish it on various websites and social networks.
Perpetrators of the crime in the forms of executive acts creation and presentation of pornographic materials may be directors, screenwriters, authors, actors, cameramen, or producers. Persons who merely facilitate the creation or presentation of the materials, such as make-up artists, hairdressers, lighting technicians, and others, shall be considered accomplices.
The crime is intentional and can only be committed with direct intent.
Punishment for distributing pornographic material. Defense.
The punishment for distributing pornographic material is imprisonment for up to one year and a fine of between one thousand and three thousand leva. If the distribution is carried out through information or communication technology or in a similar manner (e.g., via the Internet on a website or social network), then the imprisonment is for a term of up to two years, accompanied by a fine of between one thousand and three thousand leva.
The defense in the case of charges for distributing pornographic material depends on each specific case, taking into account the circumstances of each case, such as the timely engagement of a good and experienced lawyer in criminal law is recommended.
In summary, there are several main lines of defense against such an accusation.
Firstly, in the case of charges for distributing pornographic material, the institution of exemption from criminal liability with the imposition of an administrative penalty may be applied if the person has not been convicted of a crime of a general nature and has not been exempted from criminal liability before, and the property damage caused by the crime, if any, has been compensated.
Secondly, if the conditions for exemption from criminal liability are not met, it is possible, in exceptional or multiple mitigating circumstances, for the sentence of imprisonment to be replaced by probation. It is also possible for the court not to impose the lighter penalty provided for by law alongside the prison sentence, namely a fine.
Furthermore, the sentence may also be suspended if the perpetrator has no previous convictions and if the court finds that it is not necessary for the perpetrator to serve the sentence in order to achieve the objectives of the punishment and, above all, to reform the convicted person.
It is possible to be ruled and acquittal verdict, if it is not established that the act was committed, that it was not committed by the defendant or a15> that it was not committed by him culpably, as well as when the act does not constitute a crime. It is important to note that the distribution of pornographic material may be committed only with direct intent and in the event that it is not proven that there was subjective intent to commit the crime, then the sentence shall be acquittal.
Which of the listed defensive lines will a5> be applicable to your case is decided specifically, after reviewing the materials related to the case and after previously scheduling an appointment for consultation with our specialists.
According to – serious punishable (qualified) offenses
The law regulates several aggravated forms of distribution of pornographic material, which are subject to more severe penalties.
More severe penalties are provided for the distribution of pornographic materials involving children, i.e., involving persons under the age of 16. In this case, the penalty is imprisonment for up to six years and a fine of up to five thousand leva.
Imprisonment for up to six years and a fine of up to eight thousand leva shall be imposed if a person under the age of 18, or a person who appears to be under the age of 18, or a person who does not understand the nature or significance of the act, has been used to create the pornographic material. A person who appears to be a minor should be understood as an adult who, due to their natural external characteristics, appears to be under the age of 18 or who has been made to appear to be a minor through the artificial alteration of certain characteristics, for which makeup has been used, or specific filming techniques, for example.
These hypotheses are more severely punishable because they create a prerequisite for motivating consumers of pornographic materials to show interest in child pornography, which in turn is more reprehensible. The same punishment is provided for when the act is committed by two or more persons and is committed repeatedly.
A qualified composition is also present if the act was committed on behalf of or in execution of a decision by an organized criminal group. It is interesting to note that this aggravating circumstance will not always be applicable. In principle, an organized criminal group is a structured, permanent association of three or more persons with the aim of committing coordinated crimes in the country or abroad for which a penalty of imprisonment of more than three years is provided. Under the basic provision, the penalty for distributing pornographic material is up to one year’s imprisonment and a fine. Therefore, in this case, the qualifying criterion “on the orders of or in execution of a decision by an organized criminal group” will not apply, and the rules of ordinary complicity will apply.
The qualified composition for the distribution of pornographic material on behalf of or in execution of a decision by an organized criminal group will be applicable in cases where the group was created for the purpose of creating or distributing pornographic material, when a minor or a person who appears to be a minor was used for its creation, as the penalty provided for in such cases is imprisonment for more than three years, and the rules on organized crime groups will apply accordingly.
Author: Iveta Vuleva, junior lawyer
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Silvia Petkova Sole Proprietorship is a law firm specializing in criminal law, providing legal assistance to both defendants and victims. The firm employs highly qualified lawyers with extensive experience and proven track record.
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