wat type of crime is keeping porn? (1 Viewer)

[jonnathann]

yeps so issert offence against person?..n im not talking bout making it but having cd's of it..it was in the '03 paper

 

[goan_crazy]

It could fit into economic offences-white collar crime or crimes against the person

 

[ujuphleg]

White collar crime is corporate crime isn't it? So therefore it would be crimes against the person...? (I don't know I'm not a legal student)

 

[melsc]

I'd say offences against the person...but it would be a specific offence...note to johnathann next time please post things like this in its specific forum...just to keep things neat...i.e. this post in crime. thanks
- for a legal future-
Melissa

 

[townie]

i didnt think keeping porn WAS a crime (unless it's child-porn, or ur under 18). if ur under 18 i'd argue it's a victimless crime, if it's child-porn, well, against the person, because of the fact that ur taking part in the exploitation of children

/2cents

 

[melsc]

If ur selling it would that make it an economic offence?

 

[goan_crazy]

It comes under comupter crime-theres such a thing
and theres a computer crime act 2003

 

[rific]

Do you have the proper name of that computer crime act 2003? I can't find it anywhere and am interested in reading through it.

Without reading the legislation, keeping porn is legal (depending on the type) hence people can purchase it over the counter at many legitimate businesses. In terms of the computer/downloading, I imagine it could come under copyright laws, much like downloading music files etc. I can't see how selling it would be an economic offence, provided you had license to do so.

 

[Jonathan A]

Phornography offences are covered under a range of laws. The holding of Child Phornography is as Melsc stated a crime against the person in accordance with the Crimes Act 1900 (NSW) ss 91C-H.

Any illegal downloading of phornography would be a white collar crime or economic offence. note that White Collar Crime is the name given by the social science discipline, not so much law. The term "White Collar Crime" was coined by Edwin Sutherland when he referred the criminological study to those who commit crimes in the higher positions of society.

 

[Jonathan A]

i didnt think keeping porn WAS a crime (unless it's child-porn, or ur under 18). if ur under 18 i'd argue it's a victimless crime, if it's child-porn, well, against the person, because of the fact that ur taking part in the exploitation of children

/2cents

It's not victimless. The law states (under Federal Government Classification Laws imposed by the Office of Film and Literature Classification) that a person who is under 16 years of age or looks like they 16 years of age cannot be depicted in film or media in a pornographic sense.

 

[Jonathan A]

It comes under comupter crime-theres such a thing
and theres a computer crime act 2003

As for the computer crime act 2003, is that the right short title of the act?

 

[Jonathan A]

If ur selling it would that make it an economic offence?

Probably, unlawful selling would be an economic offence.

 

[Jonathan A]

note to johnathann next time please post things like this in its specific forum...just to keep things neat...i.e. this post in crime. thanks
- for a legal future-
Melissa

How cute....

Already filing like a paralegal.

 

[virgin^sexy]

It's not victimless. The law states (under Federal Government Classification Laws imposed by the Office of Film and Literature Classification) that a person who is under 16 years of age or looks like they 16 years of age cannot be depicted in film or media in a pornographic sense.

i'm pretty sure he meant if you're under 18 and you are in possession of porn, not starring in it.

 

[Jonathan A]

i'm pretty sure he meant if you're under 18 and you are in possession of porn, not starring in it.

Even then it is not victimless.

 

[~*HSC 4 life*~]

it is a mixture of crimes mentioned above (economic and person) and if its a porno sharing website it can extend into international crime (transational)

 

[D]

As for the computer crime act 2003, is that the right short title of the act?

I've never heard of a computer crimes act, but I know there's the Crimes Amendment (Telecommunications and other Measures) Act 2004 NSW that was passed after the swoop on child pornography.

 

[jonnathann]

Yea there's a Computer Crimes Act 2003 (NSW)

 

[Jonathan A]

To clarify this bit so people don't confuse themselves on it in exams.

There is NO Computer Crimes Act 2003 (NSW) after searching the Parliamentary Counsels Office of NSW database. There was the Crimes Ammendment (Child Pornography) Act 2004 (NSW).

Where you see an "Ammendment" in the short title of the Act, it usually means the Act itself is not a point of call of authority for legal argument. The Crimes Act 1900 (NSW) is still the legislation you refer to as the Ammendment above merely changed this Act and some of the wording and penalties imposed. If you view the Ammendment, its very small, probably only 5 sections.

 

[jonnathann]

i ain't sure bout this then but check out the '04 hsc past paper in the crime section. It mentions the act. hmm..well there's a cybercrime act '01..