Criminal Liability for Electronic Use by Minors and Persons with Disabilities with the Intention of Exploiting them in Pornographic work: A Comparative Critical Analytical Study in Kuwaiti and Jordanian Legislation
Dr. Abdullah Majid Al Akaila
Associate Professor of Criminal Law
Faculty of Law, Ajloun National University
The Hashemite Kingdom of Jordan
Abstract:
This comparative study, between Jordanian and Kuwaiti legislation, aims to address the issue of the crime of using “electronic pornography” to influence juveniles and people with disabilities. This is done in terms of explaining its concept, its pillars, and the legal penalties prescribed for it. The importance of the study came to confirm that this type of crime has become a danger, not only at the local level, but also at the regional and global level, through the exploitation of these categories of people in electronic pornography.
The problem of the study appears in demonstrating the effectiveness of the rules of criminal liability for the electronic use of juveniles and people with disabilities, and the limited accuracy of the two legislations in the use of some legal terms, such as the term incitement against juveniles and people with disabilities, as well as the unjustified equality of the Kuwaiti legislator in punishment, whether the victim is an adult general public. , or people with disabilities.
The study used the descriptive, analytical and critical approach, and was divided into two sections: The first section dealt with the issue of criminal protection for juveniles and people with disabilities from being used electronically in pornographic acts. The second section was to talk about the study’s position on the criminalization of electronic pornography, and the penalties prescribed for it. It concluded with a number of findings and recommendations, the most important of which is calling on the Jordanian legislator to reformulate the text of Article (9/b) of the Cybercrime Law in form and substance. It includes criminal coverage for all people, with the punishment being severe if the victims are juveniles and people with disabilities, and both legislators abandoning the use of the term incitement, which raises confusion and ambiguity, and the Kuwaiti legislator’s unequal punishment between adults and people with disabilities.
Keywords: legislator, judiciary, crime, cybercrime, and penalty.