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All Jurisprudence based

0 tracked cards Criminal Law

Scenario: A community organizer, S, distributes a pamphlet titled "Open Hearts, Open Marriages" advocating open marriages and polyamory, urging acceptance by society. The pamphlet is handed to 65 attendees at a community meeting, including 7 minors. Separately, cinema owner D screens a film containing explicit sexual acts and nudity to paying customers in a city cinema. (a)Identify which crime under the Immoral Doctrines provisions of the RPC applies to S’s pamphlet and why. (b)Identify which crime under the Immoral Doctrines provisions applies to D’s screening and why. (c)Explain the key doctrinal differences between Arts. 133 and 201 and how the facts fit or do not fit each.

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The pamphlet falls under Article 133 (Immoral Doctrines) and the film under Article 201 (Obscene Publications and Exhibitions); the doctrinal difference is that Article 133 punishes propagation of immoral doctrines, while Article 201 punishes public exhibitions of obscene material; the facts fit because the pamphlet promotes an immoral lifestyle, and the film shows explicit sexual content to the public. Both the pamphlet and the film fall under Article 201 (Obscene Publications and Exhibitions) because both involve public display of indecent materials. The pamphlet falls under Article 133; the film falls under Article 133; the doctrinal distinction is that 133 concerns dissemination of immoral doctrines and 133 concerns same; the options are designed to mislead. The pamphlet falls under Article 201 (Obscene Publications and Exhibitions) and the film falls under Article 201 (Obscene Publications and Exhibitions); the distinction is that 201 punishes obscene content regardless of whether it promotes a doctrine.

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