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All Jurisprudence based

0 tracked cards Criminal Law

Facts: A religious leader, M, distributes a pamphlet titled 'Family by Choice' endorsing incest as a legitimate form of family life and hands it to 120 attendees at a worship service, including 18 minors. Separately, a cinema operator, C, 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 the pamphlet and why. (b) Identify which crime under the Immoral Doctrines provisions applies to the film 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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Pamphlet—Art. 133; Film—No crime; The pamphlet is punished but the film is not. Pamphlet—Art. 133; Film—Art. 201; The pamphlet disseminates an immoral doctrine to a broad audience, while the film constitutes an indecent show publicly exhibited. Pamphlet—No crime; Film—Art. 133; The pamphlet is not a crime, but the film is. Pamphlet—Art. 201; Film—Art. 201; Both offenses concern obscene publications and indecent shows.

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