From September there will be consequences for those who would like to send their best piece without being asked. The assessment period for the planned amendment to the law ends on Friday, which will be punished in the future in unintentionally sent penis photos. Penalties threaten up to six months in prison.
At the beginning of September, recipients of Lul-Pics must finally be better protected, at least legal. If you still do it, you have to expect a prison sentence of a maximum of six months or a rich fine of a maximum of 360 daily rates!
In the future, anchored fine based on paragraph 218 of the Criminal Code
The new provision will be introduced on the basis of paragraph 218 of the Criminal Code (“Sexual Intimidation and Public Gender Laws”) as section 1b. This must be punishable to send thick photos if it is sent by SMS, MMS, e-mail, immediate message, posts, airdrop or Bluetooth-in all common electronic paths.
According to the draft, criminal liability is activated when such a shipment is an annoying. If a serious fact is fulfilled because of the repeated shipping – such as Stalken according to paragraph 107a of the Criminal Code – this would be used.
“Excessive criminalization” fears
There are also concerns about the Austrian lawyer’s room (Ök). She fears “excessive criminalization” – especially among young people – and would have liked to see a limitation to particularly bad things. The Ök argues that the sender of such messages can usually be blocked and that the failure that is typical of youth should not be punished immediately according to criminal law.
Moreover, the Örak points out that similar intimidation has already been partially punished by section 107c STGB (“Continuous intimidation through telecommunication or a computer system”). However, this section only applies if a larger number of people can perceive the news – for example in social networks.
The Legal Chamber therefore states in this section in such a way that private, repeated intimidation can also be recorded if a person with different profiles or telephone numbers sends such images for a long period of time.
Source: Krone

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