Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Comparative Study of Child Cyber Pornography in Iranian and USA Law (Considering to the Iranian Child and Juvenile Protection Act 2020)

Document Type : Original Article

Authors
1 Lecturer, Department of Law, Payame Noor University, Tehran, Iran.
2 PhD student in criminal law and criminology, Faculty of Governance, Isfahan Islamic Azad University (Khorasgan), Isfahan, Iran.
10.22034/jccj.2023.418364.1395
Abstract
In international law and in most countries law, child cyber-pornography is condemned as an example of cybercrime against children and is accompanied by increased punishment. Special features of cyberspace such as: easy access, easy, fast and low cost distribution along with security and concealment of the nature of the offender, has made this space a special environment for crime. Pornography was not defined in Iranian law before the approval of the Child and Juvenile Protection Act 2020, but was considered a crime against public decency and morality. With the approval of this law and with a comprehensive view, pornography was defined, including any work including visual, audio and written. The comparative view of this crime and its punishment in Iranian and USA federal law shows a stricter approach to federal law. Although there is a more limited definition of pornography in federal law, the behaviors of receiving, accessing, and gaining access to other criminal behaviors are criminalized and punishable by far heavier penalties than Iranian law. Federal law generally addresses child pornography in a specific context, but in Iranian law, despite the approval of the Child and Juvenile Protection Act, there is sometimes a need to refer to other Acts, including the Cybercrime Act.
Keywords

Volume 1, Issue 5
Winter 2022
Pages 75-86

  • Receive Date 21 October 2021
  • Revise Date 09 January 2022
  • Accept Date 22 January 2022
  • Publish Date 20 February 2022