Online streaming as an expression of digital sexuality under the criminal law of the Republic of Moldova

Abstract

Online streaming, as an expression of digital sexuality, came under the purview of the Criminal Code of the Re-public of Moldova as a result of the adoption of art. 2201. The online space represents the ambience for committing the offenses provided by this article. Only information technologies or electronic communications can represent the means of committing the crimes specified in art. 2201 of the Criminal Code of the Republic of Moldova. This article cannot be applied when online sexual services are provided independently, without incitement, determination or facilitation of another person. Only an adult person can be a victim of the offenses provided by the art. 2201 of the Criminal Code of the Republic of Moldova. In the case of the minor victim, liability must be applied for child pornography. Both the coercion of the victim and the purpose of exploiting her are excluded in the case of offenses provided by the art. 2201 of the Criminal Code of the Republic of Moldova. In such cases, liability must be applied for human trafficking.