ONLINE LEC - APR 20 Flashcards
OSAEC
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
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
who are the perpetrators of the OSAEC law?
groomers - check definition (typically foreigners)
facilitators - (typicall the parentss
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
CSAEM - any represenation, online or offline
sexual abuse and exploitation, any material that focus on the genitalia of the child
CSAEM
under the CSAEC, what falls under SEXUAL EXPLOITATION
(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
LURING
DEEPFAKE
OSAEC ALWAYS use ICT as a mean.
IOW, if it does not use ICT, then it falls 9208 or 7610
[t]
PANDERING
equivalent to promotion, distribute
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;
(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;
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
G
GROOMING IS A PRELUDE to the violation of OSAEC
mere possess ionf CSAEM, liable
possession of 3 or more, prima facie evidence intent to sell
WHATEVER RESULT OF PREOSCUEION OF THIS ACT SHALL [NOT] PRECLUDE PROSECUTION IN 9208
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.
Section 7 ‘Protection of a Good Samaritan”
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
what are the elements to invoke Protection of a Good Samaritan
(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.
alien offenders
- prosecuted here
- serve sentence here
- and then deported
section 14 on extra-territorial JD
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.
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.
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
how does the state file a charge against this crime since it uses ICT?
the NBI can determine the IP address
PHOTO & VIDEO VOYEURISM
9995
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.
what if you had
consent to take
consent to reproduce
what if you broadcast it in social media? is it okay?
no, it needs CONSENT at this level
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 ?
NO.
only admissible if the peace officer is able to secure an order of the court
