Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles
性的な姿態を撮影する行為等の処罰及び押収物に記録された性的な姿態の影像に係る電磁的記録の消去等に関する法律
Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 36 terms: 0 with the Ministry of Justice's English, 36 in our translation, marked as such.
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
電子的方式、磁気的方式その他人の知覚によっては認識することができない方式で作られる記録であって、電子計算機による情報処理の用に供されるもの
The decision, stating the measure to be taken, that a public prosecutor (検察官) must make under Article 16 before taking a measure for erasure, etc. (消去等措置), except where Article 23, item (v) allows the measure because six months have passed since a public notice under Article 21 without the owner or other persons entitled being identified.
In Chapter IV, any of three kinds of electronic or magnetic record (電磁的記録): one recording images of a covered sexual pose, etc. (対象性的姿態等) — or, for the acts in item (iv) of either Article, a sexual pose, etc. (性的姿態等) — created by the photographing in Article 2, paragraph (1) or by recording images transmitted through the acts in Article 5, paragraph (1); one of a private sexual image record (私事性的画像記録); and one of the kind in Article 3-2 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, which records information depicting, in a way that can be seen, a child's pose of a kind listed in Article 2, paragraph (3) of that Act.
次に掲げるもの
対象領置物件
An article that a public prosecutor (検察官) has taken into retention (領置) under the first sentence of Article 12 or of Article 13, paragraph (3) or (7) — a seized article (押収物) the prosecutor considers to be of a kind listed in Article 10, paragraph (1), item (i), such as one produced by the photographing in Article 2, paragraph (1) or a copy of it.
A decision a public prosecutor (検察官) makes under Article 11-2, item (ii), where an electronic or magnetic record in custody (保管電磁的記録) is of a kind listed in item (i) of that Article, not to permit copying, despite Article 123-2, paragraph (1) of the Code of Criminal Procedure as Article 222, paragraph (1) or Article 513, paragraph (6) of that Code applies it, of that record, of any covered electronic or magnetic record (対象電磁的記録) among the other records provided under the same order, or, where those other records cannot all be checked, of all of them.
対象性的姿態等
A sexual pose, etc. (性的姿態等) — a person's sexual parts or the underwear covering them, or a person's pose while an indecent act or sexual intercourse, etc. is taking place, as Article 2, paragraph (1), item (i), (a) and (b) list them — other than one that the person exposes or takes of their own accord in a place where people normally wear clothes, knowing that unspecified or many people will see it.
Sending images through a telecommunications line (電気通信回線).
電気通信回線を通じて、影像を送ること
The acts of a public prosecutor (検察官) that Article 26, paragraph (1) lets a person dissatisfied with them challenge by a request for examination (審査の申立て) to the head of the public prosecutors office (検察庁の長): a decision on erasure, etc. (消去等決定), an erasure order (消去命令), a decision not to permit copying (複写不許可決定) or a provisional decision under Article 12-2; retention (領置) of a seized article under Article 12 or Article 13, paragraph (3) or (7); and any other act of a public prosecutor in the procedures of Chapter IV that a Ministry of Justice Order (法務省令) specifies.
A measure under Article 10 that a public prosecutor (検察官) takes on a seized article (押収物) in the prosecutor's custody of a kind listed in paragraph (1), item (i) of that Article: erasing every covered electronic or magnetic record (対象電磁的記録) on it; erasing every record on it where they cannot all be checked because there are too many or for another reason; destroying the article where erasure is too difficult for technical or other reasons; or destroying such an article that holds no covered record.
性的姿態等
What Article 2, paragraph (1), item (i), (a) and (b) list: a person's sexual parts (性的な部位) — the genitals or anus or the areas around them, the buttocks or the chest — or the part of underwear a person wears, of a kind normally covered by clothing and used to cover those parts, that is covering them directly or indirectly; and any other pose of a person while an indecent act or sexual intercourse, etc. (性交等), as Article 177, paragraph (1) of the Penal Code defines it, is taking place.
消去命令
An order by which a public prosecutor (検察官), under Article 11, requires the person with authority to erase records using a seized computer to erase a covered electronic or magnetic record (対象電磁的記録) that was copied, under Article 218, paragraph (2) or Article 509, paragraph (2) of the Code of Criminal Procedure, from a recording medium connected to that computer over a telecommunications line (電気通信回線) and is still on that medium, together with copies of it that person made on the same medium.
An electronic or magnetic record in custody (保管電磁的記録) together with the other electronic or magnetic records (他の電磁的記録) provided under the same order to provide electronic or magnetic records (電磁的記録提供命令), as Article 11-2, item (ii), (b) names them.
性的影像記録
An electronic or magnetic record (電磁的記録) or other record created by the acts in Article 2, paragraph (1) or Article 6, paragraph (1), or a copy of all or part of such a record, as far as the copy takes in the part recording images of the covered sexual pose, etc. (対象性的姿態等) — or, for a record created through the acts in Article 2, paragraph (1), item (iv) or Article 5, paragraph (1), item (iv), of the sexual pose, etc. (性的姿態等).
前条第一項各号に掲げる行為若しくは第六条第一項の行為により生成された電磁的記録（電子的方式、磁気的方式その他人の知覚によっては認識することができない方式で作られる記録であって、電子計算機による情報処理の用に供されるものをいう。以下同じ。）その他の記録又は当該記録の全部若しくは一部（対象性的姿態等（前条第一項第四号に掲げる行為により生成された電磁的記録その他の記録又は第五条第一項第四号に掲げる行為により同項第一号に規定する影像送信をされた影像を記録する行為により生成された電磁的記録その他の記録にあっては、性的姿態等）の影像が記録された部分に限る。）を複写したもの
私事性的画像記録
A private sexual image record as defined in Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records: an electronic or magnetic record (電磁的記録) or other record of an image in which a person was photographed in one of the sexual poses that paragraph lists, other than one the photographed person freely agreed to, or took, knowing that people other than the photographer, the person photographed and those they gave it to would see it.
同法第二条第一項に規定する私事性的画像記録
対象姿態等
In Chapter IV, any of three kinds of pose: a covered sexual pose, etc. (対象性的姿態等) that was photographed through the acts in Article 2, paragraph (1), items (i) to (iii), or was the content of images transmitted through the acts in Article 5, paragraph (1), items (i) to (iii), or a sexual pose, etc. (性的姿態等) photographed or transmitted through the acts in item (iv) of either paragraph; a person's pose of a kind listed in Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records in an image that paragraph covers; and a child's pose of a kind listed in Article 2, paragraph (3) of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children.
次に掲げるもの
An electronic or magnetic record (電磁的記録) that a public prosecutor (検察官) keeps after it was moved, under an order to provide electronic or magnetic records (電磁的記録提供命令) made under Article 218, paragraph (1) or Article 509, paragraph (1) of the Code of Criminal Procedure, onto a recording medium managed by a public prosecutor, public prosecutor's assistant officer (検察事務官) or judicial police official (司法警察職員) — counting only orders to send the record over a telecommunications line (電気通信回線) and move it there, as Article 102-2, paragraph (1), item (i), (b) of that Code provides.
刑事訴訟法第二百十八条第一項又は第五百九条第一項の規定による電磁的記録提供命令（同法第百二条の二第一項第一号ロに掲げる方法（電磁的記録を記録媒体に移転させるものに限る。）による提供を命ずるものに限る。以下この条及び第十七条第一項第四号において単に「電磁的記録提供命令」という。）により検察官、検察事務官又は司法警察職員の管理に係る記録媒体に移転された電磁的記録であって検察官が保管しているもの
私事性的画像記録物
A private sexual image record item as defined in Article 2, paragraph (2) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records: a photograph, a recording medium for electronic or magnetic records (電磁的記録) or another object that records an image, of the kind paragraph (1) of that Article covers, in which a person was photographed in one of the sexual poses that paragraph lists.
同法第二条第二項に規定する私事性的画像記録物
As Article 9, paragraph (2) defines it, the person concerned, or that person's legal representative: for the records in Article 9, paragraph (1), item (i) and the articles in Article 10, paragraph (1), item (i), (a), the person the acts in Article 2, paragraph (1) were aimed at or whose covered sexual pose, etc. (対象性的姿態等) — or, for images transmitted through item (iv), sexual pose, etc. (性的姿態等) — was the content of images transmitted through the acts in Article 5, paragraph (1); for private sexual image records and articles, the photographed person (撮影対象者) as defined in Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records; and for the records and articles of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, the child whose pose they depict.
次の各号に掲げるものの区分に応じ、当該各号に定める者又はその法定代理人
In Article 11-2 and Article 17, paragraph (1), item (iv), an order to provide electronic or magnetic records (電磁的記録) made under Article 218, paragraph (1) or Article 509, paragraph (1) of the Code of Criminal Procedure — in an investigation or in executing a judgment, under a warrant a judge issues — counting only one ordering the record to be sent over a telecommunications line (電気通信回線) and moved onto a recording medium managed by the person who made the order, as Article 102-2, paragraph (1), item (i), (b) of that Code provides.
In Article 31, paragraph (2), the Administrative Complaint Review Act as Article 31, paragraph (1) applies it, with the wording its table changes, to a request for examination (審査の申立て) made to the head of a public prosecutors office (検察庁の長) under Article 26.
As Article 9, paragraph (2) defines it, the person concerned, or that person's legal representative: for the records in Article 9, paragraph (1), item (i) and the articles in Article 10, paragraph (1), item (i), (a), the person the acts in Article 2, paragraph (1) were aimed at or whose covered sexual pose, etc. (対象性的姿態等) — or, for images transmitted through item (iv), sexual pose, etc. (性的姿態等) — was the content of images transmitted through the acts in Article 5, paragraph (1); for private sexual image records and articles, the photographed person (撮影対象者) as defined in Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records; and for the records and articles of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, the child whose pose they depict.
同法第九条第二項に規定する撮影対象者等
The date the provisions named in the proviso to Article 1 of the supplementary provisions (附則) come into effect — Chapter IV of this Act, on erasing records of sexual poses on seized articles, and Articles 3 to 6 of the supplementary provisions: a date set by Cabinet Order (政令) within one year of the Act's promulgation (公布) on 23 June 2023.
In Article 11-2, item (ii), an electronic or magnetic record (電磁的記録) other than the electronic or magnetic record in custody (保管電磁的記録) that was provided under the same order to provide electronic or magnetic records (電磁的記録提供命令).
対象姿態等該当部分
In Article 36, the part of the case records, etc. (訴訟記録等) relating to a covered retained article (対象領置物件), a covered electronic or magnetic record (対象電磁的記録), or a recording medium onto which either was copied or printed, offered as evidence in a court action to revoke a disposition, etc. (処分等) under Article 26, paragraph (1) or a determination on it, that records a covered pose, etc. (対象姿態等).
訴訟記録等
In Article 36, case records, etc. as defined in Article 133, paragraph (3) of the Code of Civil Procedure: the case record (訴訟記録), or the record of a case on a petition under Article 132-4, paragraph (1) of that Code for the court to collect evidence before an action is filed.
民事訴訟法第百三十三条第三項に規定する訴訟記録等
In Article 36, inspection, etc. of case records, etc. (訴訟記録等) as defined in Article 133, paragraph (3) of the Code of Civil Procedure: inspecting or copying the case record (訴訟記録), or the record of a case on a petition for the court to collect evidence before an action is filed, or being given a certified copy or reproduction of it, whether it is kept on paper or as an electronic file.
同法第百三十三条第三項に規定する訴訟記録等の閲覧等
The day the 2022 Act amending the Penal Code and other laws (刑法等の一部を改正する法律, Act No. 67 of 2022) comes into effect.
The day the 2022 Act amending the Code of Civil Procedure and other laws (民事訴訟法等の一部を改正する法律, Act No. 48 of 2022) comes into effect.
性的な部位
In Article 2, paragraph (1), item (i), (a), the genitals or anus or the areas around them, the buttocks, or the chest.
性器若しくは肛門若しくはこれらの周辺部、臀部又は胸部
In the Administrative Complaint Review Act as Article 31, paragraph (1) applies it to a request for examination (審査の申立て) under Article 26, paragraph (1), the head of the public prosecutors office (検察庁の長) with which the request was filed, who conducts the review proceedings in place of the review officer (審理員) of that Act.
In Article 18, paragraph (3) of the Administrative Complaint Review Act, the time limits for filing a request for review (審査請求) set in paragraphs (1) and (2) of that Article, in computing which the days a written request spends in transit by post or correspondence delivery are not counted; Article 31, paragraph (1) reads them, for a request for examination (審査の申立て) under this Act, as the period in Article 26, paragraph (1) — 30 days from the day each item of that paragraph sets.
The review officer (審理員) of Article 11, paragraph (2) of the Administrative Complaint Review Act — the person a reviewing agency designates under Article 9, paragraph (1) of that Act to conduct the review proceedings — whom Article 31, paragraph (1), for a request for examination (審査の申立て) under Article 26, paragraph (1), replaces with the head of the public prosecutors office (検察庁の長) with which the request was filed.
In Article 35, paragraph (1), the address, residence or other place where a photographed person, etc. (撮影対象者等) connected with the covered retained article (対象領置物件) or covered electronic or magnetic record (対象電磁的記録) at issue normally stays, in a court action to revoke a disposition, etc. (処分等) listed in Article 26, paragraph (1) or a determination on it under Article 29, paragraph (1).
In Article 133 of the Code of Civil Procedure, the person who makes a petition or other filing, or that person's legal representative, whose address or name the court may order kept confidential; Article 35, paragraph (2) reads that Article for this Act's court cases with the photographed persons, etc. (撮影対象者等) in that place.
弁護人等
Defense counsel, or someone about to become defense counsel at the request of a person entitled to appoint one (a non-lawyer only after court permission under Article 31(2) of the Code of Criminal Procedure).