Legislation - Child pornography

Article 348C added by art. 10 of L.4267/2014, implementing the European Directive 2011/92/EU. This provision instructs the following:

Article 348C

Pornographic performances of minors

1.    Any person coercing or recruiting a minor in order to participate in or organize pornographic performances is sentenced to:

a) At least ten years of imprisonment, if the victim is less than twelve years old, b) up to ten years of imprisonment, if the victim is more than twelve but less than fourteen years old, c) at least two years of imprisonment, if the victim is fourteen or fifteen years old, and d) at least one year of imprisonment, if the victim is more than fifteen years old. Any person knowingly attending, having paid a fee, pornographic  performances involving the participation of a child is sentenced to in cases a) or b) at least two years of imprisonment and in cases c) or d) at least one year of imprisonment.

2. If the actions described in the above paragraph were committed under the use of coercion, violence, or threat for a minor to participate in pornographic performances or were aimed at seeking financial benefits from them, the perpetrator is sentenced to, in case a) of the previous paragraph at least fifteen years of imprisonment, in case b) up to fifteen years of imprisonment, in case c) up to ten years of imprisonment and in case d) up to eight years of imprisonment.

3. Pornographic performance, in the sense of the above mentioned paragraphs, means an organized live exhibition aimed at an audience for viewing or listening, including by means of information and communication technology, of:

(i) a minor engaged in real or simulated sexual act; or

(ii) the sexual organs or the body in general of a minor aimed at causing sexual stimulation;

Art. 348A as replaced by Art. 10 of L. 3625/ 2007 and amended by par. 12 of art. 3 of L. 3727/2008 and art. 8 and 9 of L.4267/2014 incorporating the European Directive 2011/92/EU. This provision instructs the following:

1.    Any person who, intentionally produces, distributes, publishes, imports or exports, transfers, offers, sells or in other way distributes, supplies with, purchases, obtains, acquires or owns child pornographic material or spreads or broadcasts information concerning executions of such actions, is sentenced to at least one year’s imprisonment and a fine of ten to one  hundred thousand Euros.

2.    Any person, who intentionally, produces, offers, sells or in any way distributes, transfers, purchases, obtains or acquires child pornographic material or broadcasts information concerning the executions of such actions by means of information and communication technology is sentenced to at least two years’ imprisonment and a fine of fifty to three hundred thousand Euros.

3.    Pornographic material in the sense of the above mentioned paragraphs consists of any representation or an actual or virtual depiction, in electronic or any other form of material, of the sexual organs or in general the body of a child aimed at causing sexual stimulation, as well as a recording or depiction of an actual or virtual carnal act that arises sexual stimulation by or with a minor.

4.    Actions of the first and second paragraph are punishable by imprisonment of up to ten years and a fine of fifty to one hundred thousand Euros if:

          a) are professionally or habitually committed”,

        b) “the production of child pornographic material is connected to the exploiting of the need, mental or intellectual weakness or corporal dysfunction of the minor due to organic disease or by exercise or threat of violence or using a minor under the age of fifteen”.

           c) if the producer of child abuse material is one of the foregoing persons described in cases a) to f) of the article 342 paragraph 2.

           If such an act as described in cases b) or c) resulted in grievous bodily harm to the victim, it will entail a sentence of at least ten years' imprisonment and a fine of three hundred thousand to five hundred thousand Euros. If, however, such an act resulted in the victim’s death, then life imprisonment is imposed.”

Any person knowingly obtaining access, by means of information and communication technology, to child pornography is sentenced to at least 1 year’s imprisonment.

 

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