Pornography: Pornography isn’t considered to be protected as it is in the U.S. In contrast, Chinese law strictly prohibits creating and selling porn. In the 1980s, porn publishers would be sentenced to death. Now the punishment is less severe—for example, a 24-year-old Beijing woman published seven “sex novels” online. Her viewership was 80,000 hits on her novels, but her punishment was only six months in criminal detention.
Prostitution: Prostitution is another activity affected by outdated laws in China, where any solicitation of sex is strictly illegal. In the early-1980s through late-1990s the punishment for facilitating prostitution was severe. In 1996, a bathhouse owner was sentenced to death for organizing prostitution. Now, prostitution is widely practiced and the most severe punishment for organized prostitution is that those managing sex workers are ordered to shut down their businesses.
Orgies and sex parties: Chinese law used to brutally punish swingers and individuals who planned sex parties. For example, in the early-1980s “the punishment for spousal swapping was death…[and] people would be sentenced to death for organizing sex parties,” Li explained. But this is another area where the punishment for the law has now become less strict. In 2011 in Nanjing, an associate university professor organized a sex party with 72 people, and the “punishment for him was three and a half years in prison.” Also, in 2014 in Shanghai, some citizens recently organized an online sex party, and their punishment was only three months of criminal detention. According to recent private surveys, “many people are [engaging] in sex parties or orgies.” While in theory these are punishable by criminal law, “no one reports [them], so they do not get noticed,” Li said.
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