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11. Offences against public deceny and morals
 
  Article 83-Offences involving indecent materials  
83.1 Indecent materials  
  Indecent materials is any information or media which proposes to show or claim a message or visual imagery that is degrading to man or woman decency, racist, with no legal excuse.  
 
 Primary Fact(s)
 1. That material of an indecent nature had been seized and/or detected; and
 2. That the accused has prior knowledge of the existence/transmission of the indecent material before their arrest; and
 3. That the actions of the accused contributed to the existence/transmission of the indecent material.
 
 
 Penalty Conditions (Level 1-Crime)
Type
Condition(s)
1-3
a) sale of unsealed pornographic print material;
b) sale of non historical hateful/violent material based on racial, cultural and/or religious beliefs;
4-6
a) sale of video games involving the simulated murder, torture and/or acts of sexual depravity of Men and Women;
 
 
 Penalty Conditions (Level 2-Crime)
Type
Condition(s)
1-3
a) possession of multimedia images of depraved sexual acts, not involving men and women under the age of 14 years, but involving sexual sadism and/or violence;
b) possession of non historical hateful/violent material based on racial, cultural and/or religious beliefs;
4-6
a) transmission/publication of video games involving the simulated murder, torture and/or acts of sexual depravity of Men and Women;
b) transmission/publication of non historical hateful/violent material based on racial, cultural and/or religious beliefs;
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) possession of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts;
b) transmission/publication of multimedia images of depraved sexual acts, not involving men and women under the age of 14 years, but involving sexual sadism and/or violence;
c) manufacture of video games involving the simulated murder, torture and/or acts of sexual depravity of Men and Women;
4-6
a) possession of multimedia images of man or woman(s) showing the actual process of their murder, which involved murder in a sexually sadistic or torturous way;
b) possession of multimedia images of children under the age of 8 years performing and/or involved in sexually depraved acts;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) transmission/publication of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts;
4-6
a) transmission/publication of multimedia images of man or woman(s) showing the actual process of their murder, which involved murder in a sexually sadistic or torturous way;
b) transmission/publication of multimedia images of children under the age of 8 years performing and/or involved in sexually depraved acts;
c) manufacture of multimedia images of children under the age of 14 years performing and/or involved in sexually depraved acts;
 
     
     
 
 

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