| Temporarily Translated Version Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children |
|---|
Source: http://www.moj.go.jp/ENGLISH/CRAB/law01.html
Article 1 Objective
The objective of this Law is to protect the rights of children by prescribing
punishment for acts related to child prostitution and child pornography, and by
establishing measures including the giving of appropriate protection to children
who have suffered physically and/or mentally from the said acts, in light of the
fact that sexual exploitation and sexual abuse of children seriously infringe
upon the human rights of children.
Article 2 Definitions
1. For the purpose of this Law, a "child" means a person under the age of 18
years.
2. For the purpose of this Law, "child prostitution" means the act of performing
sexual intercourse, etc. (i.e., sexual intercourse, an act similar to sexual
intercourse, or an act for the purpose of satisfying one's sexual curiosity, of
touching genital organs, etc. (i.e., genital organs, anus and nipples; the same
shall apply hereinafter) of a child or of making a child touch one's genital
organs, etc.; the same shall apply hereinafter) with a child in return for
giving, or promising to give, a remuneration to any of the persons listed below:
(i) the child;
(ii) the person who acts as an intermediary in sexual intercourse, etc. with the
child;
(iii) the protector of the child (i.e., a person who exercises parental power
over the child or who is the guardian or suchlike and who is taking actual care
of the child; the same shall apply hereinafter) or a person who has placed the
child under his or her supervision.
3. For the purpose of this Law, "child pornography" means photos, videotapes and
other visual materials which:
(i) depict, in a way that can be recognized visually, such a pose of a child
relating to sexual intercourse or an act similar to sexual intercourse with or
by the child;
(ii) depict, in a way that can be recognized visually, such a pose of a child
relating to the act of touching genital organs, etc. of the child or of having
the child touch someone else's genital organs, etc. in order to arouse or
stimulate the viewer's sexual desire; or
(iii) depict, in a way that can be recognized visually, such a pose of a child
who is naked totally or partially in order to arouse or stimulate the viewer's
sexual desire.
Article 3 Caution in Applying This Law
In the application of this Law, care should be exercised so as not to infringe
upon the rights of the people without due cause.
Article 4 Child Prostitution
A person who commits child prostitution shall be punished with imprisonment with
labor for not more than three years or a fine of not more than one million yen.
Article 5 Intermediation of Child Prostitution
1. A person who acts as an intermediary in child prostitution shall be punished
with imprisonment with labor for not more than three years or a fine not
exceeding three million yen.
2. A person who, as his or her business, acts as an intermediary in child
prostitution shall be punished with imprisonment with labor for not more than
five years and a fine not exceeding five million yen.
Article 6 Solicitation of Child Prostitution
1. A person who solicits another person to commit child prostitution for the
purpose of intermediating in child prostitution shall be punished with
imprisonment with labor for not more than three years or a fine not exceeding
three million yen.
2. A person who, as his or her business, solicits another person to commit child
prostitution for the purpose mentioned in the preceding paragraph shall be
punished with imprisonment with labor for not more than five years and a fine
not exceeding five million yen.
Article 7 Distribution, etc. of Child Pornography
1. A person who distributes, sells, lends as a business, or displays in public,
child pornography shall be punished with imprisonment with labor for not more
than three years or a fine not exceeding three million yen.
2. A person who produces, possesses, transports, imports to or exports from
Japan child pornography for the purpose of conducting any of the acts mentioned
in the preceding paragraph shall be punished with the same penalty as is
described in the said paragraph.
3. A Japanese national who imports to or exports from a foreign country child
pornography for the purpose of conducting any of the acts mentioned in paragraph
1 of this article shall be punished with the same penalty as is described in the
said paragraph.
Article 8 Trade, etc. in Children for the Purpose of Child Prostitution, and
Suchlike
1. A person who buys or sells a child for the purpose of making the child be a
party to sexual intercourse, etc. in child prostitution, or for the purpose of
producing child pornography by depicting any of the poses provided for in items
(i) to (iii) of paragraph 3 of Article 2 shall be punished with imprisonment
with labor for not less than one year and not more than ten years.
2. A Japanese national who, for any of the purposes mentioned in the preceding
paragraph, transports a child, who has been abducted, kidnapped, sold or bought
in a foreign country, out of that country shall be punished with imprisonment
with labor for a limited term of not less than two years.
3. Attempts of the crimes mentioned in the two preceding paragraphs shall be
punished.
Article 9 Awareness of the Age of the Child
No one who uses a child shall be exempt from the punishments specified in
Articles 5 to 8 on the grounds of not having been aware of the age of the child
excepting cases where there is no negligence.
Article 10 Crimes Committed by Japanese Nationals Outside Japan
The crimes specified in Articles 4 to 6, paragraphs 1 and 2 of Article 7, and
paragraphs 1 and 3 (limited to the part thereof which relates to paragraph 1) of
Article 8 shall be dealt with according to the provision of Article 3 of the
Penal Code (Law No. 45 of 1907).
Article 11 Dual Liability
Where a representative of a legal entity or a proxy, employee or any other
servant of a legal entity or of a natural person has committed any of the crimes
mentioned in Articles 5 to 7 with regard to the business of the legal entity or
natural person, the legal entity or natural person shall, in addition to the
punishment imposed upon the offender, be punished with the fine described in the
relevant article.
Article 12 Consideration Which Should Be Given in the Course of Investigations
and Trials
1. Those who are officially involved in investigations or trials concerning the
crimes under Articles 4 to 8 (referred to as "related officials" in the
following paragraph) shall, in performing their official duties, pay
consideration to the rights and characteristics of children, and shall take care
not to harm their reputation or dignity.
2. The State and local public entities shall endeavor to give training and
enlightenment to related officials in order to deepen their understanding of the
rights and characteristics of children.
Article 13 Prohibition of Publication of Articles and Suchlike
In respect to a child involved in a case relating to any of the crimes mentioned
in Articles 4 to 8, such articles, photographs or broadcast programs as contain
his or her name, age, occupation, the name of the school he or she attends,
dwelling, looks, etc. which may identify him or her to be the person involved in
that case shall not be published in newspapers or other publications, or shall
not be broadcast.
Article 14 Education, Enlightenment, Research and Study
1. In light of the fact that such acts as child prostitution and the
distribution of child pornography would seriously affect the mental and/or
physical growth of children, the State and local public entities shall, to allow
for the prevention of such acts, endeavor to educate and enlighten the public to
deepen their understanding of the rights of children.
2. The State and local public entities shall endeavor to promote researches and
studies that can help prevent such acts as child prostitution and the
distribution of child pornography.
Article 15 Protection of Children Who Have Suffered Mental or Physical Damage
1. With regard to children who have suffered mental and/or physical damage as a
result of having been a party to child prostitution or having been depicted in
child pornography, the relevant administrative agencies shall, in cooperation
with one another, taking into account the mental and physical conditions of the
children as well as the environment in which they have been placed, properly
take necessary measures for their protection so that they can recover physically
and mentally from the damage they have suffered and grow with dignity. Such
measures include consultation, instruction, temporary guardianship and placement
in an institution.
2. The relevant administrative agencies shall, in the case of taking the
measures mentioned in the preceding paragraph, provide the protector of the
child with consultation, instruction or other steps if such steps are deemed
necessary for the protection of the child mentioned in the said paragraph.
Article 16 Improvement of Systems for the Protection of Children Who Have
Suffered Mental or Physical Damage
In order to be able to properly provide protection based on professional
knowledge with regard to children who have suffered mental and/or physical
damage as a result of having been a party to child prostitution or having been
depicted in child pornography, the State and local public entities shall
endeavor to promote researches and studies on the protection of such children,
improve the qualities of persons who undertake the protection of such children,
reinforce systems of cooperation and liaison among relevant agencies in case of
the urgent need of protection of such children, arrange systems of cooperation
and liaison with private organizations which undertake the protection of such
children, and arrange other necessary systems.
Article 17 Promotion of International Cooperation
For the prevention of acts relating to the crimes mentioned in Articles 4 to 8
as well as for proper and swift investigation of cases relating to such crimes,
the State shall endeavor to secure close international cooperation, promote
international researches and studies, and promote other forms of international
cooperation.
Supplementary Provisions
Article 1 Effective date
This Law shall come into force on the date to be specified by a Cabinet Order
within the scope not exceeding six months counting from the ate of its
promulgation .
Article 2 Relation with local governments' ordinances
1. Upon enforcement of this Law, any provision of the local government's
ordinances which provides punishments to the crimes under this Law shall be
superceded by this Law and lose its effect.
2. Even when a provision of local government's ordinance loses effect upon
enforcement of this Law in accordance with the paragraph 1 of this Article, any
illegal act which was committed prior to such invalidation shall be punished
under the provision in question, unless the local government rules otherwise in
its ordinance.
Article 3 Partial revision of the Law Regulating Adult Entertainment Businesses
Law Regulating Adult Entertainment Businesses (Law No. 122 1948) shall be
partially revised as follows:
- The following description shall be added to Article 4.1.2, in the position
after "crimes controlled under Article 2": "as well as the crimes under the Law
for Punishing the Acts related to Child Prostitution and Child Pornography and
for Protecting Children who are Suffering from Such Activities (Law No. __,
1999)
- The existing description, "or the crimes under Chapter 2 of the
Anti-Prostitution Law," in Article 30.1, Article 31quinquies, and Article
31sexies.2.2 shall be replaced by the following description: ", the crimes under
Chapter 2 of the Anti-Prostitution Law or the crimes under Law for Punishing the
Acts related to Child Prostitution and Child Pornography and for Protecting
Children who are Suffering from Such Activities"
- The existing description, "or the crimes under Article 175," in Article 35
shall be replaced by the following description: ", the crimes under Article 175
or under Article 7 of the Law for Punishing the Acts related to Child
Prostitution and Child Pornography and for Protecting Children who are Suffering
from Such Activities"
Article 4 Partial revision of the Hotel Business Law
Hotel Business Law (Law No. 138, 1948) shall be partially revised as follows:
- The existing description, "paragraph 1 of Article 3," in Article 8 shall be
replaced by "paragraph 1 of the said Article." Also, following description shall
be added to Article 8: "4. Crimes under the Law for Punishing the Acts related
to Child Prostitution and Child Pornography and for Protecting Children who are
Suffering from Such Activities (Law No. __, 1999)"
Article 5 Partial revision of the Law for Prevention of Illegal Acts by Crime
Group Members
Law for Prevention of Illegal Acts by Crime Group Members (Law No. 77, 1991)
shall be partially revised as follows.
- The following description shall be added to Schedule in the position after No.
31: "No.31-2 Crimes under the Law for Punishing the Acts related to Child
Prostitution and Child Pornography and for Protecting Children who are Suffering
from Such Activities (Law No. __, 1999)"
Article 6 Further efforts
Considering the situation of the implementation of this Law, international
trends concerning the protection of the rights of the child ,etc., review shall
be made, by the end of a three years' period after the enactment
of this Law, on the control of child prostitution and child pornography and
other systems in force for protecting children from sexual exploitation and
sexual abuse, and necessary measures should be taken on the basis of the results
of such review.
END