1: WEBTEXT/53924/65175/E99J
JAPAN. ACT PUNISHING ACTS RELATED TO CHILD PROSTITUTION AND CHILD PORNOGRAPHY, AND FOR PROTECTING CHILDREN, 1999
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JAPAN

ACT PUNISHING ACTS RELATED TO CHILD PROSTITUTION AND CHILD PORNOGRAPHY, AND FOR PROTECTING CHILDREN


Section 1. Objective. The objective of this Law is to protect the rights of children by prescribing punishment for acts related to child prostitution and child pornography, and by establishing measures including the giving of appropriate protection to children who have suffered physically and/or mentally from the said acts, in light of the fact that sexual exploitation and sexual abuse of children seriously infringe upon the human rights of children.

Section 2. Definitions. 1. For the purpose of this Law, a "child" means a person under the age of 18 years.

2. For the purpose of this Law, "child prostitution" means the act of performing sexual intercourse, etc. (i.e., sexual intercourse, an act similar to sexual intercourse, or an act for the purpose of satisfying one's sexual curiosity, of touching genital organs, etc. (i.e., genital organs, anus and nipples; the same shall apply hereinafter) of a child or of making a child touch one's genital organs, etc.; the same shall apply hereinafter) with a child in return for giving, or promising to give, a remuneration to any of the persons listed below:

3. For the purpose of this Law, "child pornography" means photos, videotapes and other visual materials which:

Section 3. Caution in Applying This Law. In the application of this Law, care should be exercised so as not to infringe upon the rights of the people without due cause.

Section 4. Child Prostitution. A person who commits child prostitution shall be punished with imprisonment with labor for not more than three years or a fine of not more than one million yen.

Section 5. Intermediation of Child Prostitution. 1. A person who acts as an intermediary in child prostitution shall be punished with imprisonment with labor for not more than three years or a fine not exceeding three million yen.

2.A person who, as his or her business, acts as an intermediary in child prostitution shall be punished with imprisonment with labor for not more than five years and a fine not exceeding five million yen.

Section 6. Solicitation of Child Prostitution. 1. A person who solicits another person to commit child prostitution for the purpose of intermediating in child prostitution shall be punished with imprisonment with labor for not more than three years or a fine not exceeding three million yen.

2. A person who, as his or her business, solicits another person to commit child prostitution for the purpose mentioned in the preceding paragraph shall be punished with imprisonment with labor for not more than five years and a fine not exceeding five million yen.

Section 7. Distribution, etc. of Child Pornography. 1. A person who distributes, sells, lends as a business, or displays in public, child pornography shall be punished with imprisonment with labor for not more than three years or a fine not exceeding three million yen.

2. A person who produces, possesses, transports, imports to or exports from Japan child pornography for the purpose of conducting any of the acts mentioned in the preceding paragraph shall be punished with the same penalty as is described in the said paragraph.

3. A Japanese national who imports to or exports from a foreign country child pornography for the purpose of conducting any of the acts mentioned in paragraph 1 of this article shall be punished with the same penalty as is described in the said paragraph.

Section 8. Trade, etc. in Children for the Purpose of Child Prostitution, and Suchlike. 1. A person who buys or sells a child for the purpose of making the child be a party to sexual intercourse, etc. in child prostitution, or for the purpose of producing child pornography by depicting any of the poses provided for in items (i) to (iii) of paragraph 3 of Article 2 shall be punished with imprisonment with labour for not less than one year and not more than ten years.

2. A Japanese national who, for any of the purposes mentioned in the preceding paragraph, transports a child, who has been abducted, kidnapped, sold or bought in a foreign country, out of that country shall be punished with imprisonment with labour for a limited term of not less than two years.

3. Attempts of the crimes mentioned in the two preceding paragraphs shall be punished.

Section 9. Awareness of the Age of the Child. No one who uses a child shall be exempt from the punishments specified in Articles 5 to 8 on the grounds of not having been aware of the age of the child excepting cases where there is no negligence.

Section 10. Crimes Committed by Japanese Nationals Outside Japan. The crimes specified in Articles 4 to 6, paragraphs 1 and 2 of Article 7, and paragraphs 1 and 3 (limited to the part thereof which relates to paragraph 1) of Article 8 shall be dealt with according to the provision of Article 3 of the Penal Code (Law No. 45 of 1907).

Section 11. Dual Liability. Where a representative of a legal entity or a proxy, employee or any other servant of a legal entity or of a natural person has committed any of the crimes mentioned in Articles 5 to 7 with regard to the business of the legal entity or natural person, the legal entity or natural person shall, in addition to the punishment imposed upon the offender, be punished with the fine described in the relevant article.

Section 12. Consideration Which Should Be Given in the Course of Investigations and Trials. 1. Those who are officially involved in investigations or trials concerning the crimes under Articles 4 to 8 (referred to as "related officials" in the following paragraph) shall, in performing their official duties, pay consideration to the rights and characteristics of children, and shall take care not to harm their reputation or dignity.

2. The State and local public entities shall endeavour to give training and enlightenment to related officials in order to deepen their understanding of the rights and characteristics of children.

Section 13. Prohibition of Publication of Articles and Suchlike. In respect to a child involved in a case relating to any of the crimes mentioned in Articles 4 to 8, such articles, photographs or broadcast programs as contain his or her name, age, occupation, the name of the school he or she attends, dwelling, looks, etc. which may identify him or her to be the person involved in that case shall not be published in newspapers or other publications, or shall not be broadcast.

Section 14. Education, Enlightenment, Research and Study. 1. In light of the fact that such acts as child prostitution and the distribution of child pornography would seriously affect the mental and/or physical growth of children, the State and local public entities shall, to allow for the prevention of such acts, endeavour to educate and enlighten the public to deepen their understanding of the rights of children.

2. The State and local public entities shall endeavour to promote researches and studies that can help prevent such acts as child prostitution and the distribution of child pornography.

Section 15. Protection of Children Who Have Suffered Mental or Physical Damage. 1. With regard to children who have suffered mental and/or physical damage as a result of having been a party to child prostitution or having been depicted in child pornography, the relevant administrative agencies shall, in cooperation with one another, taking into account the mental and physical conditions of the children as well as the environment in which they have been placed, properly take necessary measures for their protection so that they can recover physically and mentally from the damage they have suffered and grow with dignity. Such measures include consultation, instruction, temporary guardianship and placement in an institution.

2. The relevant administrative agencies shall, in the case of taking the measures mentioned in the preceding paragraph, provide the protector of the child with consultation, instruction or other steps if such steps are deemed necessary for the protection of the child mentioned in the said paragraph.

Section 16. Improvement of Systems for the Protection of Children Who Have Suffered Mental or Physical Damage. In order to be able to properly provide protection based on professional knowledge with regard to children who have suffered mental and/or physical damage as a result of having been a party to child prostitution or having been depicted in child pornography, the State and local public entities shall endeavour to promote researches and studies on the protection of such children, improve the qualities of persons who undertake the protection of such children, reinforce systems of cooperation and liaison among relevant agencies in case of the urgent need of protection of such children, arrange systems of cooperation and liaison with private organizations which undertake the protection of such children, and arrange other necessary systems.

Section 17. Promotion of International Cooperation. For the prevention of acts relating to the crimes mentioned in Articles 4 to 8 as well as for proper and swift investigation of cases relating to such crimes, the State shall endeavour to secure close international cooperation, promote international researches and studies, and promote other forms of international cooperation.

Supplementary Provisions. The rest is omitted.


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