2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China Section 9 Crimes of Producing, Selling, or Disseminating Pornographic Materials Article 363 Whoever produces, duplicates, publishes, sells, or disseminates pornographic materials for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. Whoever provides another person with a book number to publish a pornographic book or magazine shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. Whoever knowingly provides a book number to another person for publishing a pornographic book or magazine shall be punished in accordance with the provisions in the preceding paragraph. Article 364 Whoever distributes or disseminates pornographic books, magazines, films, audio-visual products, pictures, or other pornographic materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or noncustodial correction. Whoever organizes the broadcasting of pornographic films, videos, or other audio-visual products shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Whoever produces or duplicates pornographic films, videos or other audio-visual products, and organizes the broadcasting of them, shall be given a heavier punishment in accordance with the provisions in the second paragraph of this Article. Whoever distributes or disseminates pornographic materials to minors under the age of 18 shall be given a heavier punishment. Article 365 Whoever organizes pornographic performances shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Article 366 An entity committing a crime as prescribed in Article 363, 364 or 365 of this Law shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article. Article 367 For purposes of this Law, “pornographic materials” refer to obscene books, magazines, films, videotapes, audiotapes, pictures, and other pornographic materials that specifically depict sexual activities or publicize pornography. Scientific works on human physiology or medical knowledge are not pornographic materials. en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm 32/40