Is it illegal to take nude photos of minors? Great gods, help!

It is illegal to take nude photos of minors, and it also hurts their body and mind.

Legal analysis

Privacy refers to a kind of personality right that natural persons enjoy the peace of private life and the privacy of private information is protected according to law, and is not illegally violated, known, collected, used and made public by others. Moreover, the subject of rights has the right to decide to what extent others can interfere in their private lives, whether their privacy is open to others, and the scope and extent of disclosure. Privacy is a basic right of personality. Privacy comes into being when people hold onto leaves to hide their shame. With the progress of social civilization and the improvement of public legal awareness, people pay more attention to their privacy. However, the respect and protection of baby privacy is still not optimistic today. "Children have no sense of shame, how can they talk about privacy?" "Children should not keep secrets from their parents and teachers." Many parents have this understanding. Therefore, it is not surprising that the baby's nude photos are exposed in the circle of friends, and the child's diaries, letters and chat records are peeked. Shooting children's lower body events is actually only an extreme embodiment of this understanding. Coercion induces/kloc-minors under 0/4 to send nude photos, shoot videos, do obscene actions, etc. In search of excitement. Although there is no "direct physical contact" with the victim, it objectively does not break through the essential provisions of "obscenity" and its obscenity behavior is established.

legal ground

Article 39 of the Law of People's Republic of China (PRC) on the Protection of Minors. No organization or individual may disclose the personal privacy of minors.

No organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes.

Article 49 of the Law of People's Republic of China (PRC) on the Protection of Minors, the news media should strengthen the publicity on the protection of minors, and conduct supervision by public opinion on acts that infringe upon the legitimate rights and interests of minors. News media reports on incidents involving minors should be objective, prudent and moderate, and should not infringe upon the legitimate rights and interests of minors such as reputation and privacy.