06 September 2024 | 15:41

Sexual services via the Internet now punishable in Kazakhstan

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Tengrinews.kz - Kazakhstan has officially implemented amendments to the Criminal Code that introduce penalties for providing sexual services in "real-time via the internet," commonly referred to as webcam prostitution.

Tengrinews.kz - Kazakhstan has officially implemented amendments to the Criminal Code that introduce penalties for providing sexual services in "real-time via the internet," commonly referred to as webcam prostitution.

The amendments are part of the "Law on Combating Human Trafficking," signed on July 5. A new concept, "other sexual services," has been added to the Criminal Code.

The Criminal Code now defines "other sexual services" as actions performed for financial gain, aimed at satisfying another person's sexual needs, including remotely via telecommunications networks like the internet.

What does this mean?

"Other sexual services" now cover any actions carried out for profit that cater to someone's sexual desires. This includes services provided remotely through the internet, such as live video streaming.

What specific changes were made to the Criminal Code?

Several articles of the Criminal Code now include the concept of "other sexual services." For example:

Article 134 now covers not only "involvement of a minor in prostitution" but also "provision of other sexual services";
Article 122 addresses sexual intercourse or other sexual acts with a person under the age of sixteen, as well as the receipt of prostitution or other sexual services knowingly provided by a minor;
Article 308 has been amended to "Involvement in prostitution or provision of other sexual services";
Article 309 now addresses "Organization or maintenance of brothels for prostitution or other sexual services, as well as pimping."

What is webcam in this context?

Webcam services involve individuals broadcasting live video. Under these legal changes, webcam services refer to the provision of sexual services online, where performers engage in sexual acts on camera at the request of viewers.

Webcam criminal network

In 2023, Kazakhstan's Ministry of Internal Affairs (MIA) and National Security Committee (NSC) conducted a special operation against a criminal group that operated under the guise of a modeling agency but was involved in producing and distributing pornographic content. The group recruited young women from Kazakhstan through social media, promising salaries of up to 2 million tenge per month and complete confidentiality. If the women refused to continue working, they were threatened, blackmailed, and fined.

The group had a well-organized structure, including recruiters, administrators, IT specialists, and accountants. Over the past five years, the criminal organization had generated over 3 billion tenge. The police discovered 79 offices and apartments in cities like Astana, Almaty, Shymkent, Aktobe, and Karaganda, where intimate live broadcasts were conducted around the clock. As a result of the operation, 118 individuals were arrested, including 13 key organizers, three of whom were foreign nationals.

What else does the law change?

The new legislation introduces criminal liability for:

Involving individuals, including minors, in providing "other sexual services" or engaging in pimping for these purposes;
Promoting or advertising prostitution or other sexual services with the intent of drawing people into these activities;
Organizing or maintaining brothels for prostitution or other sexual services via telecommunications networks, including the internet.

According to the Ministry of Internal Affairs, the law also imposes criminal liability for obtaining prostitution or other sexual services from a known minor, allowing offenders to be prosecuted under Article 122 of the Criminal Code.

The law eliminates the possibility of avoiding criminal liability through reconciliation in cases related to human trafficking.

Additionally, the Criminal Procedure Code is amended to grant victims the right to receive special social services, and the Administrative Offenses Code introduces liability for medical organizations and child protection agencies that fail to report cases of child abandonment or orphans to the relevant authorities.

The "Law on Combating Human Trafficking," signed by the President on July 5, came into effect on September 5.