ONLINE LEC - APR 20

Question 1

OSAEC

Question 2

when it comes to 9208, make sure to know the different offenses
- trafficking in persons
-attempting traffickings
- promotion of trafficking
- qualified trafficking in person

just identiyf what are those acts that would fall under them.

in 9208’s elements 1. acts 2. means, 3. exploitative purpose

in

Question 3

in 9208, minority ALWAYS qualify the offense

in cybercrime, it does not define a NEW. but simply directs the penalty to be one degree higher when committed with a computer system

7610, as to child pornography, any persons below 18 and over who are unable to protect themselves from [dnace] due to physical or mental disabiltiy or condition

Question 4

who are the perpetrators of the OSAEC law?

Answer 4

groomers - check definition (typically foreigners)

facilitators - (typicall the parentss

Question 5

important definitions in OSAEC

CHILDREN -

[1]same with 7610

[2] lso, person depicted as a child. Ex. then Dagob is performs sexually explicit and is portrayed as a child, this is punishable under OSAEC

[3] computer genereated o

Question 6

CSAEM - any represenation, online or offline

Question 7

sexual abuse and exploitation, any material that focus on the genitalia of the child

CSAEM

Question 8

under the CSAEC, what falls under SEXUAL EXPLOITATION

Answer 8

(d) Child sexual exploitation refers to any of the following acts even if consent appears to have been granted by the child:

(1) Child sexual abuse with consideration whether monetary or nonmonetary consideration, favor, or benefit in exchange for the opportunity to perform such abusive or exploitative act

(2) Actual sexual intercourse with a child or children with or without consideration;

(3) Employing fraud, machination, undue influence, intimidation, threat or deception by any person to commit sexual abuse of or sexual intercourse with a child or children; or

(4) Any other similar or analogous acts related to child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the development of the child;

this includes grooming
- estbalighins emotional relation with a child or with someone who is like a child

Question 9

LURING

DEEPFAKE

Question 10

OSAEC ALWAYS use ICT as a mean.

IOW, if it does not use ICT, then it falls 9208 or 7610

[t]

Question 11

PANDERING

equivalent to promotion, distribute

Answer 11

refers to the act of offering, advertising, promoting, representing or distributing through any means any child sexual abuse or exploitation material, or any material that purports to contain any form of child sexual abuse or exploitation material, regardless of its actual content;

Question 12

(z) Sexualization of a child refers to the act of using a child as an object for the sexual desire or satisfaction of another, even if there is no actual sexual intercourse or no private part of the body of the child has been shown;

Question 13

section 4, unlawful or prohibited acts

note
- CONSENT of the child is immaterial

in [h] just like child trafficking,

WHEN WILL IT FALL UNDER OSAEC? HUMAN TRAFFICKING

11930 - reception of the child is for the SPECIFIC PURPOSE OF PRODUCTION OF SEXUALLY EXPLICIT MATERIALS TO BE STREAMED ONLINE

the 10th offense in tihs section, the person who benefits is not accessory but PRINCIPCAL under this act

Answer 13

G

Question 14

GROOMING IS A PRELUDE to the violation of OSAEC

Answer 14

mere possess ionf CSAEM, liable

possession of 3 or more, prima facie evidence intent to sell

Question 15

WHATEVER RESULT OF PREOSCUEION OF THIS ACT SHALL [NOT] PRECLUDE PROSECUTION IN 9208

Answer 15

Provided, That the investigation or prosecution of offenses under this Act shall be without prejudice to appropriate investigation and prosecution mechanisms underRepublic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003,” as amended, and other related laws.

Question 16

Section 7 ‘Protection of a Good Samaritan”

Answer 16

every now and then there will be post that will pop up in your feed.

technically the CSAEM post popping makes you liable but when you report it, section 7 applies.

A is in production of your CSAEM and B blocks their internet. B is exempted

Question 17

what are the elements to invoke Protection of a Good Samaritan

Answer 17

(1) done in good faith;

(2) necessary to prevent access or dissemination of CSAEMs; and

(3) reported within twenty-four (24) hours from the act of blocking an internet address, removing a website or domain, or taking down of shared video, picture or messages.

Question 18

alien offenders
- prosecuted here
- serve sentence here
- and then deported

section 14 on extra-territorial JD

Answer 18

Section 14. Extra-Territorial Jurisdiction. — The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, if the offense, being a continuing offense, was either commenced in the Philippines; or committed in another country: Provided, That in the case of the latter, the suspect or accused is a Filipino citizen, a permanent resident of the Philippines, and has committed the act against a citizen of the Philippines.

Question 19

Can a victim be at the same time a perpetrator? For instance, a minor produces and distributes or sells CSAEM by themself for purposes of generating income.

Answer 19

a 13 year old and her friends with friends younger.

children of informlation settlers in the reclamation area.

1.5m x 1.5m small shanty and this 13 year old boy and would tell the old people. so boy lines up the customer

he is exempt from liabilty

definitely he can be a perpetrator but the question in the frist place faciliated it? someone did facilitate that.

the child is exempt from that liablity in teh case that he was persuaded.

definitely th ecihld is a victim and acting as perpetrator

section 22 will apply

Question 20

how does the state file a charge against this crime since it uses ICT?

Answer 20

the NBI can determine the IP address

Question 21

PHOTO & VIDEO VOYEURISM

Answer 21

9995

Question 22

what if taking of the photo is WITH CONSENT?

even if the photo is consented, but produce without the consent of the subject he will be liable.

so if it was sold and distributed, then he will be punishable.

Question 23

what if you had

consent to take
consent to reproduce

what if you broadcast it in social media? is it okay?

Answer 23

no, it needs CONSENT at this level

Question 24

section 7 - inadmissibility evidence.

“Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.”

private detective took video. now the wife accuse the husband commited VAWc against her. can it be ?

Answer 24

NO.

only admissible if the peace officer is able to secure an order of the court