Child pornography

What is the current legislation

Art 348A :  Child pornography

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.

2. Any person, who intentionally, produces, offers, sells or in any way possesses, 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.

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::

  1. are professionally or habitually committed,
  2. 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 or if the production of child pornography material exposed the life of a minor to serious danger and
  3. if the producer of the child pornography material is a person to whom a minor has been entrusted to supervise or guard him, even temporarily.

5. If the production of child pornography material is connected to the use of a minor who has not reached the age of twelve, imprisonment of at least ten years and a fine shall be imposed. The same sentence is imposed if the act of cases b ‘and c’ of the previous paragraph resulted in the severe bodily injury of the victim, and if it resulted in death, life imprisonment or temporary imprisonment of at least ten years and a fine.

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

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:

  1. If the victim is less than twelve years old, imprisonment.
  2. If the victim is more than twelve but less than fourteen years old, up to ten years of imprisonment.
  3. If the victim is more than fourteen years old, at least two years of imprisonment.

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 case c) at least one year of imprisonment.

2. If the actions described in the above paragraph were committed under the use of 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:

  1. in case (a) of the previous paragraph at least ten years of imprisonment,
  2. in case (b) imprisonment,
  3. in case (c) up to ten 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:

  1. a minor engaged in real or simulated sexual act; or
  2. the sexual organs or the body in general of a minor aimed at causing sexual stimulation.

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