On The Criminal Sanction Of Online Naked Chatting Behavior

With the development of Internet technology,traditional crime has also caught up with the continuous innovation mode of "fast train" of network technology.Online naked chat is a typical new behavior.The reason why naked chat is different from the crime of social weathering in the general sense is that it has the characteristics of specific privacy,virtuality and cross-regionality,strong penetration and interaction,which combines the characteristics of traditional crime and cybercrime.How to use the criminal law to regulate the behavior of naked chat is not easy.Through summarizing and summarizing many cases of naked chat,we find that this kind of behavior cannot be generalized,and it should be treated differently according to its specific implementation purpose,performance mode and harmful consequences.In general,the number of participants in the chat behavior can be divided into three types,namely,"one-on-one" nude chat,"one-to-many"nude chat,and "massive"nude chat.In the first type,the motive of the perpetrator is often simple and has a strong closeness,and usually does not have social harm.Therefore,the "one-on-one" naked chat situation is not the focus of this article.The second and third types of naked chat behaviors have certain openness and serious social harm and should be treated as crimes.In addition to the multiple nature and strong social harm of online naked chat behavior,the shortcomings under the current criminal law system are important reasons for our suggestion to criminalize the naked chat behavior alone.Although online hangouts in certain situations may still be guilty,for example,the perpetrator's dissemination of obscene materials such as video images obtained during the nude chat may constitute the crime of spreading obscene articles,but it is important to emphasize that after analyzing the key identification requirements for different crimes.We found that the crime of spreading obscene articles,the crime of organizing obscene performances,and the crime of gathering promiscuity cannot be strictly compatible with the elements and characteristics of online naked chat behavior in general:the pornographic information seen in instant messaging tools does not belong.The obscene articles in the crime of spreading obscene articles;there may be organizers in the online naked chat behavior,but only a small number of people and a small number of cases,we can not be punished by the ordinary naked chat participants who are identified as organizers in the crime of organizing obscenity;Although there are a large number of participants in one-to-many and group nude chats,they do not implement realistic adultery activities in the same physical space,so they cannot force the online naked chat behavior to be characterized by the crime of gathering fornication.Even though the online naked chatting behavior in a specific situation has the possibility of blaming under the current criminal law framework,the most ideal criminal sanction in the usual case of naked chatting is the crime of cyber naked chatting in the criminal law.It has a unique criminal constitutional element.The main body of the act is a natural person,subjectively has a deliberate psychological state.The legal benefits of the naked chat behavior include both the good customs of the society and the physical and mental health of the minor,as well as the public management order of the state..The objective aspect of the naked chatting crime is that the natural person uses the network channel to display the main sexual organs for others to watch with various instant chat software,web live platform or webpage.At the same time,it is often accompanied by masturbation or other sexual actions.Words with obscene information communicate with others,and have serious consequences that affect the healthy growth of young people,undermine family harmony,corrupt social atmosphere,and induce other crimes.There are a few issues to be aware of when we are thinking about how to criminalize online phishing behavior,that is,to exclude several special online chats.At the same time,it is necessary to clarify the criteria for conviction and punishment of naked chat behavior and the handling of competing offenders,and enhance the operability of relevant regulations.In addition,the addition of property punishment in the criminal punishment of the criminal law can be used as an important means to combat the crime of naked chat on the Internet.It can not only punish the subject who has already carried out the serious social harm caused by the naked chat,but also effectively guard the potential actors.