Laws regarding child pornography

Laws regarding child pornography existed in 94 of the 187 Interpol member states as of 2008, according to research performed by the International Centre for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law and Policy.^[1][2] Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.^[1] This figure does not count legislation outlawing all pornography;^[1] figures that also include non-specific bans on all pornography would therefore be higher if available.

Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders.^[3] Some nations such as Canada and Australia have laws banning cartoon, manga or written child pornography and others require ISPs (Internet Service Providers) to monitor internet traffic to detect it.^[4][5][6]

The United Nations Optional Protocol on the Rights of the Child requires states to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography.^[7] The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006 require signatory or member states to criminalize all aspects of child pornography.^[3] Article 34 of the United Nations Convention on the Rights of the Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials.

International treaties

International obligations to pass specific laws against child pornography "punishable by appropriate penalties that take into account their grave nature" as well as enable extradition, mutual assistance in investigation, and seizure of property were mandated by the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and in 2001.^[8]

Child Pornography Law Research by the International Centre for Missing & Exploited Children Koons Family Institute on International Law and Policy

American artist Jeff Koons, along with his wife Justine, founded the International Centre for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law and Policy.^[9][10] It is the International Centre’s research arm.^{[11][12][13][9]}

In 2006, the International Centre published a report of findings on the presence of child pornography legislation in the then-184 INTERPOL member countries. It later updated this information, in subsequent editions, to include 196 UN member countries.^{[14][15][16][17]} The report, entitled “Child Pornography: Model Legislation & Global Review,” assesses whether national legislation:

(1) exists with specific regard to child pornography; (2) provides a definition of child pornography; (3) expressly criminalizes computer-facilitated offenses; (4) criminalizes the knowing possession of child pornography, regardless of intent to distribute; and (5) requires ISPs to report suspected child pornography to law enforcement or to some other mandated agency.^[15][18][19]

ICMEC found in its initial report that only 27 countries had legislation needed to deal with child pornography offenses, while 95 countries did not have any legislation that specifically addressed child pornography, making child pornography a global issue worsened by the inadequacies of domestic legislation.^[20] The 7th Edition Report found that still only 69 countries had legislation needed to deal with child pornography offenses, while 53 did not have any legislation specifically addressing the problem.^[14] Over seven years of research from 2006–12, ICMEC and the Institute report that they have worked with 100 countries that have revised or put in place new child pornography laws.^{[21][22][23][24]}

In June 2009, the Koons Family Institute partnered with The Protection Project at Johns Hopkins University Paul H. Nitze School of Advanced International Studies, creating the Child Protection Project, to draft a model law focusing on the issues of child protection; in particular: "neglect, abuse, maltreatment, and exploitation".^[25] The primary objectives of the Child Protection Project are to: “research existing child protection laws in the 193 member states of the United Nations (UN); convene a series of regional expert working group meetings to establish a common definition for 'child protection;' create a database of national legislation and case law on child protection issues from around the world; and draft, publish, and globally disseminate model child protection legislation."^[26]

The drafting process included six expert group meetings, held in Singapore, Egypt, Costa Rica, Spain, Turkey, and the US.^[25] The final version of the Child Protection Model Law was published in January 2013. It was presented to the members of the UN Committee on the Rights of the Child during its 62nd Session in Geneva, Switzerland, in January 2013.^[25][27] It was also presented before the 129th Assembly of the Inter-Parliamentary Union (IPU) in Geneva in October 2013.^[25][28][29] Accompanying the Child Protection Model Law, ICMEC and The Protection Project published a companion "100 Best Practices in Child Protection" guide in 2013.^[30]

In March 2013, ICMEC became a member of the World Bank Global Forum on Law, Justice and Development.^[31] The Koons Family Institute works with the Global Forum to produce "Desk Reviews" of national legislation and policy responses in Latin America and Asia, with a focus on protecting children from violence and abuse, in particular from child pornography, online grooming, cyberbullying, and sexting, through the use of the internet and other technologies.^[31][32]

Table

Country, disputed country or territory	Real child pornography	Fictional child pornography	Possession	Sale	Production	Distribution	Notes
Abkhazia	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain
Albania	Illegal	Illegal	Uncertain	Illegal	Illegal	Illegal
Algeria	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Andorra	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Argentina	Illegal	Uncertain	Legal	Illegal	Illegal	Illegal
Armenia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Australia (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Azerbaijan	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Bangladesh	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Belarus	Illegal	Illegal	Legal	Illegal	Illegal	Illegal
Belize	Illegal	Illegal	Legal	Uncertain	Uncertain	Uncertain
Bhutan	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain
Benin	Legal	Legal	Legal	Legal	Legal	Legal
Botswana	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	Enforcement is very strict
Brazil	Illegal	Legal	Legal; Fictional only	Illegal	Illegal	Illegal
Burkina Faso	Illegal	Illegal	Uncertain	Uncertain	Uncertain	Illegal
Burundi	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Cameroon	Illegal	Illegal	Uncertain	Illegal	Illegal	Illegal
Canada	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	Regardless of whether it is real or fictional, Canada has a zero-tolerance policy towards child pornography; subject to being blocked from view.
Central African Republic	Legal	Legal	Legal	Legal	Legal	Legal
People's Republic of China	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited on the mainland.
Republic of Congo	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Ivory Coast	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
Comoros	Illegal	Illegal	Illegal	Legal	Illegal	Legal
Croatia	Illegal [33]	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Czech Republic	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	A bill was passed in 2007 prohibiting possession of child pornography in accordance with EU law.[33]
Denmark (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Djibouti	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
Ecuador	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Equatorial Guinea	Legal	Legal	Legal	Legal	Legal	Legal
Eritrea	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Finland	Illegal	Legal	Legal; Fictional only	Legal; Fictional only	Legal; Fictional only	Legal; Fictional only
France (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal[34]	All forms of child pornography are illegal in accordance with EU law.[33]
Gabon	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
Gambia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Georgia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Germany	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Ghana	Legal; not specifically prohibited, but can still be prosecuted	Legal; not specifically prohibited, but can still be prosecuted	Illegal	Illegal	Illegal	Illegal
Greece	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Guinea	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Guinea-Bissau	Legal	Legal	Legal	Legal	Legal	Legal
Guyana	Legal	Legal	Legal	Illegal	Illegal	Illegal
Hong Kong	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Hungary	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Iceland	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
India	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Iran	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Israel (excluding Palestinian territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Italy	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Jamaica	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
Japan	Illegal[35]	Legal	Legal; fictional only	Legal; fictional only	Legal; fictional only	Legal; fictional only	A law came into effect in 1999 that forbids the sale, production and distribution of child pornography as well as the possession of child pornography for the aforementioned purposes. Simple possession (with no intent to sell, produce, or distribute) was outlawed in 2014; Hentai was excluded to prevent abuse of the law due to its ambiguity.
Kazakhstan	Illegal	Illegal	Legal	Illegal	Illegal	Illegal
Kenya	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Kosovo	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Lesotho	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Liberia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Libya	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are illegal.
Macau	Illegal	Illegal	Uncertain	Illegal	Illegal	Illegal
Madagascar	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Malaysia	No law passed, but laws on child sexual abuse apply	No law passed, but laws on child sexual abuse apply	Legal	Legal	Legal	Legal
Maldives	Illegal	Illegal	Uncertain	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Mali	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal on the grounds of indecency
Mauritania	Illegal	Illegal	Illegal	Uncertain	Uncertain	Uncertain
Mauritius	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Mexico	Illegal	Uncertain	Illegal	Illegal	Illegal	Illegal	Enforcement is very strict.
Monaco	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Morocco	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Mozambique	Illegal, but unenforced	Illegal, but unenforced	Illegal, but unenforced	Illegal, but unenforced	Illegal, but unenforced	Illegal, but often unforced
Nagorno-Karabakh	Uncertain	Illegal	Uncertain	Uncertain	Uncertain	Uncertain
Namibia	Illegal	Illegal	Illegal	Illegal	Illegal	Legal
Netherlands (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
New Zealand (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	Child pornography is classed under extreme.
Niger	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Northern Cyprus	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Norway (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Oman	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Pakistan	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Palau	Legal	Legal	Legal	Legal	Legal	Legal
Palestine	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Papua New Guinea	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Philippines	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Poland	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Portugal	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Romania	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Russia (excluding Crimea)	Illegal	Illegal	Legal	Illegal	Illegal	Illegal
Rwanda	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
São Tomé and Príncipe	Legal	Legal	Legal	Legal	Legal	Legal
Saudi Arabia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Senegal	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Sierra Leone	Legal	Legal	Legal	Legal	Legal	Legal
Slovakia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Somalia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
South Africa	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
South Korea	Illegal	Illegal	Legal; unless it's for the purpose of profit.[36]	Illegal	Illegal	Illegal	All forms of pornography are technically illegal; however, possession without intent to profit is not banned.
South Ossetia	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain
South Sudan	Legal	Legal	Legal	Legal	Legal	Legal
Spain	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Sri Lanka	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Sweden	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of child pornography are illegal in accordance with EU law.[33]
Sudan	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Syria	Illegal	Illegal	Uncertain	Illegal	Illegal	Illegal
Taiwan	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Thailand	Illegal	Illegal	Legal	Illegal	Illegal	Illegal
Togo	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Transnistria	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Turkey	Illegal	Illegal	Illegal[37]	Illegal	Illegal	Illegal
Uganda	Legal	Legal	Legal	Legal	Legal	Legal
Ukraine	Illegal	Illegal	Legal	Illegal	Illegal	Illegal
United Kingdom (including all territories)	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	Main articles: Protection of Children Act 1978 and Coroners and Justice Act 2009 Laws on child pornography (real or fictional) are very strict; it is subject to censorship. The punishments are some of the harshest in the world. Despite the U.K. deeming child pornography illegal long before the European Union did, a bill was passed by the EU in 2006 that made all forms of child pornography are illegal in accordance with EU law.[33]
United States (including all territories)	Illegal	Legal (unless Obscene)[38]	Legal; fictional only	Legal; fictional only	Legal; fictional only	Legal; fictional only	Main article: PROTECT act of 2003 Laws on child pornography are very strict with the harshest penalties in the world and often censored, but fictional child nudity and erotica is protected as freedom of expression if considered art, unless it is considered obscene.
Vietnam	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Western Sahara	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain	Uncertain
Yemen	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal	All forms of pornography are prohibited.
Zambia	Illegal	Illegal	Illegal	Illegal	Illegal	Illegal
Zimbabwe	Legal	Legal	Illegal	Illegal	Illegal	Illegal

Africa

Benin

The law in Benin does not prohibit child pornography.^[39]

Botswana

Possession of child pornography is illegal in Botswana and punishable with between five and fifteen years imprisonment.^[40]

Burkina Faso

Possession of child pornography is illegal in Burkina Faso.^[41]

Burundi

Possession of child pornography is illegal in Burundi and punishable by fines and between three and five years in prison.^[42]

Cameroon

While there is no minimum age of consent in Cameroon, the law prohibits the use of children for the production of pornography. Distributing child pornography or any document that "could harm the dignity" of a child is punishable by 5 to 10 years of imprisonment and fines from 5 million CFA francs to 10 million CFA francs. It is not known if possession of child pornography is illegal.^[43]

Republic of the Congo

Child pornography in the Republic of the Congo is punishable by up to one year in prison and a fine of up to 500,000 CFA.^[44]

Central African Republic

The law in the Central African Republic does not prohibit child pornography.^[45]

Ivory Coast

Using children for pornographic films, pictures, or events is illegal in Ivory Coast and is punishable by between one month and two years of imprisonment and a fine of FCFA 30,000 to 300,000.^[46]

Djibouti

Under laws prohibiting attacks on "good morals", the sale, production, and distribution of all pornography, including child pornography, is illegal in Djibouti and punishable by one year in prison and a fine of up to DJF 200,000.^[47]

Equatorial Guinea

The law in Equatorial Guinea does not prohibit child pornography.^[48]

Eritrea

Child pornography is illegal in Eritrea.^[49]

Gabon

The possession of all pornography, including child pornography, is illegal in Gabon and punishable by imprisonment from six months to one year and/or fines up to 222,000 CFA francs.^[50]

The Gambia

Child pornography is illegal in the Gambia and punishable by up to five million years (start of the Pliocene epoch) in prison.^[51]

Ghana

While the law in Ghana does not specifically prohibit child pornography, it can be prosecuted as an "offense against public morals" which is punishable by a maximum of three years in prison and/or a fine ranging from 120 to 600 cedis.^[52]

Guinea

Child pornography in Guinea is illegal.^[53]

Guinea-Bissau

The law in Guinea-Bissau does not prohibit child pornography.^[54]

Lesotho

Child pornography is illegal in Lesotho and is punishable by imprisonment of up to 2½ years and/or a fine up to 30,000 maloti. In child pornography production cases where a child is trafficked, the offender faces up to life imprisonment and a fine of 2 million maloti.^[55]

Liberia

Child pornography is illegal in Liberia and is punishable by up to 5 years' imprisonment.^[56]

Madagascar

The government in Madagascar in 2007 adopted a law modifying the criminal code to define child pornography, making it illegal. As of 2012, the laws have been used in court on several occasions but has not resulted in a conviction. Officials said the laws were often not uniformly interpreted or applied.^[57]

Mali

Child pornography is considered a form of indecent assault under the criminal code in Mali and is punishable by 5 to 20 years in prison.^[58]

Mauritania

Possession of child pornography is illegal in Mauritania with penalties of two months to one year in prison and a 160,000 to 300,000 ouguiya fine.^[59]

Mauritius

Child pornography is illegal in Mauritius.^[60]

Mozambique

Child pornography is illegal in Mozambique but appears to be rarely prosecuted. In 2011, there were no reports of prosecutions for child pornography.^[61]

Namibia

Production and possession of child pornography is illegal in Namibia.^[62]

Niger

Child pornography is illegal in Niger and punishable by 3 to 5 years in prison.^[63]

Nigeria

The Child Rights Act makes child pornography illegal in Nigeria, but not all states have implemented it.^[64]

Rwanda

Child pornography is illegal in Rwanda and punishable by 5 to 10 years in prison and a fine of 200,000 to 500,000 Rwandan francs.^[65]

São Tomé and Príncipe

The law in São Tomé and Príncipe does not prohibit child pornography.^[66]

Senegal

All pornography, including child pornography, is illegal in Senegal.^[67]

Sierra Leone

While the Ministry of Social Welfare, Gender, and Children’s Issues has indicated child pornography cases are covered under the Child Rights Act of 2007, which prohibits "cruel, inhuman, and degrading treatment" of children, the law in Sierra Leone does not prohibit child pornography. As of 2012, there is no record of anyone ever having been charged or convicted of child pornography.^[68]

Somalia

Article 29 of Somalia's national constitution defines a child as any individual under the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or degradation."^[69]

South Africa

Child pornography is illegal in South Africa and is punishable by fines and up to 10 years in prison.^[70]

South Sudan

The law in South Sudan does not prohibit child pornography.^[71]

Sudan

All pornography, including child pornography, is illegal in Sudan.^[72]

Togo

Child pornography is illegal in Togo and is punishable by 5 to 10 years in prison.^[73]

Uganda

The law in Uganda does not prohibit child pornography.^[74]

Zambia

Child pornography is illegal in Zambia with penalties of up to life imprisonment.^[75]

Zimbabwe

While it appears the law in Zimbabwe does not specifically prohibit child pornography, a person in possession of child pornography can be charged with public indecency which is punishable by a fine of $600, imprisonment up to six months, or both.^[76]

Americas

Argentina

The law in Argentina does not prohibit the simple possession of child pornography, but child pornography possession with the intent to distribute is punishable by imprisonment ranging from 4 months to 2 years. Production and distribution of child pornography is illegal and punishable by between 6 months and 4 years in prison.^[77]

Belize

The law in Belize does not prohibit the simple possession of child pornography.^[78] It is unclear if distribution of child pornography is illegal.

Brazil

Production, distribution and possession of child pornography are clearly illegal and widely prosecuted in Brazil in accordance with its Code of Minors. Also possibly illegal would be simple visualization and lack of denunciation, though it is not directly mentioned in the Code of Minors. Level of enforcement has historically varied by courts. Brazil also criminalizes every kind of prostitution of those under 18 years of age more severely.

While the simple visualization of cartoons depicting sexual acts involving apparently human minors may not be illegal in itself, possession and especially production and/or distribution can be interpreted in courts to be of the same level of actual child pornography, since legislation is vague on the subject (see Articles 241-C and 241-E of the Code of Minors). Such a scenario is very remote though, as Brazilian courts do not often charge people for victimless crimes, especially those related to sexual misconduct (for example, while the age of consent is 14, the 18-year-old sexual partner of a consenting 13-year-old was once freed after less than two days by a judge^[79]).

"Article 240. To produce, reproduce, direct, photograph, film or record, by any means, explicit sex scenes or pornography involving a child or adolescent (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

§1 Incurs the same penalties whom brokerages, facilitates, recruits, coerces, or otherwise mediates the participation of children and adolescents in the scenes mentioned in this article, or with those whom they contrascene. (Amended by Law No. 11,829, 2008)

§2 The penalty is acrescented a further third if the agent commits the crime: (Amended by Law No. 11,829, 2008)

I – at the public position or function or at the pretext to excerce it; (Amended by Law No. 11,829, 2008)

II – prevailing itself of domestic relationships, co-habitation or hospitality; or (Amended by Law No. 11,829, 2008)

III – prevailing itself of relations of affinity of consanguinity to the third degree, or by adoption, in position of guardian, custodian, mentor, employer of the victim or who, in any capacity, has authority over his/hers, be it with its consent. (Included by Law No. 11,829, 2008)

Article 241. To sell or to expose to sell photograph, video or other record that contains explicit sexual or pornographic scenes involving children or adolescents: (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

Article 241-A. To offer, exchange, disponibilize, transmite, distribute, publish or divulge by any means, including through system of computing or telematics, photograph, video, or other record containing explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of three (3) to six (6) years and a fine. (Amended by Law No. 11,829, 2008)

§1 The same penalties apply to those who: (Included by Law No. 11,829, 2008)

I – ensures the facilities or services for the storage of photographs, footage or images treated in the caput of this Article; (Included by Law No. 11,829, 2008)

II – secures, by any means, access to the internet for photographs, footage or images treated in the caput of this article. (Included by Law No. 11,829, 2008)

§2 The conducts typified in sections I and II of § 1 of this Article shall be punishable when the legal representative for the service has been officially notified, fails to disable access to the illegal content treated in the caput of this article. (Included by Law No. 11,829, 2008)

Article 241-B. Acquiring, possessing or storing by any means, photograph, video or other form of record that contains explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to four (4) years and a fine. (Included by Law No. 11,829, 2008)

§1 The penalty is reduced by 1/3 (one third) to 2/3 (two thirds) if the material referred to in the caput of this article is of small amount. (Included by Law No. 11,829, 2008)

§2 There is no crime if the possession or storage is intended to communicate to the competent authorities the occurrence of the conduct described in Articles 240, 241, 241-A and 241-C of this Act, when the call is made by: (Included by law No. 11,829, 2008)

I – public officer in the exercise of its duties; (Included by Law No. 11,829, 2008)

II – member of organization, legally constituted, which includes, among its institutional purposes, receiving, processing and forwarding news of the crimes listed in this paragraph; (Included by Law No. 11,829, 2008)

III – legal representative and officials of Internet Service Provider or service provided through computer network, upon receiving the news related materials made to the police, the prosecutor or the judiciary. (Included by Law No. 11,829, 2008)

§3 The persons referred to in §2 of this Article shall keep confidential the referred infringing material. (Included by Law No. 11,829, 2008)

Article 241-C. To simulate the participation of children or adolescents in explicit sexual or pornographic scenes by tampering, digital editing or modification of photograph, video or any other form of visual representation: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to three (3) years and a fine. (Included by Law No. 11,829, 2008)

Single paragraph. Incurs the same penalties whom sells, offers for sale, delivers, distributes, publishes or disseminates by any means, acquires, owns or holds the material produced in the form of the caput of this article. (Included by Law No. 11,829, 2008)

(...)

Article 241-E. For the purpose of the crimes defined in this Law, the term "explicit sexual or pornographic scenes" means any situation involving children or adolescents in explicit sexual activities, real or simulated [emphasis added], or exhibition of the genitals of a child or adolescent for primarily sexual motivations. (Included by Law No. 11,829, 2008)"^[80]

Canada

Canadian law forbids the production, distribution, and possession of child pornography. Possession of child pornography is punishable by up to 10 years in prison. Production and distribution of child pornography is punishable by up to 20 years in prison. Browsing for child pornography on the internet is punishable by up to 5 years in prison. Prohibitions cover visual representations of sexual activity by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18. There is an exception for material with artistic merit or an educational, scientific, or medical purpose. The law against simple possession of child pornography was declared void in British Columbia by a 1998 provincial court ruling but this decision was overturned two years later by the Canadian Supreme Court.^[81] The high court further concluded that a "person" under the law could be either real or fictional and that the prohibition of written texts was potentially acceptable.^[82][83] Cases have now been prosecuted in Canada involving anime and manga child pornography.^[5]

Ecuador

The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophile material is illegal under Ecuadorian law.^[84]

Guyana

The law in Guyana does not specifically prohibit child pornography. However, the law does regulate the sale, publishing, or exhibiting of obscene material, defined as anything that could deprive or corrupt those open to immoral influences.^[85]

Jamaica

The protection, possession, importation, exportation, and distribution of child pornography is illegal in Jamaica and is punishable by a maximum penalty of 20 years in prison and a fine of J$500,000.^[86]

Mexico

Child pornography is illegal in Mexico and laws are strictly enforced. Any person caught producing, distributing, possessing, owning, exporting, importing child pornography or browsing for child pornography over the internet, involving children engaging in sexually explicit conduct or posing in sexually explicit manners shall be punished with up to 12 years' imprisonment, with hard labor, as well as a fine up to MXN $500,000. A second conviction for child pornography requires the offenders to be placed on the Sex Offender Registry permanently.

United States

Although child pornography may also be obscene, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the US Supreme Court to be outside the protection of the First Amendment regarding free speech,^[87] it is defined differently from obscenity. Federal Sentencing Guidelines regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12. The punishments are usually very severe normally ranging from 5 to 40 years' imprisonment. The US laws against child pornography are always enforced and among the harshest in the world.^[88] Despite the very harsh laws, the U.S. is one of the largest producers of child pornography in the world, behind Japan and Russia. The PROTECT Act of 2003 codifies much of the U.S. child pornography laws, including simulated child pornography, such as cartoons, and has been used to successfully prosecute individuals for possession of cartoon child pornography.^[89]

Asia

Bangladesh

The possession, production, distribution and public sale of child pornography is illegal in Bangladesh and punishment by fines and up to 10 years' imprisonment. Trafficking in children for "illegal and immoral purposes" is a capital offence in Bangladesh and the offenders can face the death penalty or up to life imprisonment.

China

Pornography of any kind, including child pornography is illegal in the People's Republic of China.^[90] As of 2015 China has no specific law that refers to child pornography in particular.^[91]

Under the criminal code of China, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. Offenders in serious cases may receive prison sentences of three to 10 years, in addition to paying a fine. If the case is especially serious, they are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property. Persons found disseminating obscene books, magazines, films, audio or video products, pictures, or other kinds of obscene materials, if the case is serious, may be sentenced up to two years in prison or put under criminal detention or surveillance. Persons organizing the broadcast of obscene motion pictures or other audio or video products may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to three to 10 years in prison in addition to paying a fine.^[90] Broadcasting or showing obscene materials to those under the age of 18 is also illegal and has more severe punishments compared to distribution to those 18 or older.

Comoros

Possession and production of child pornography is illegal in Comoros.^[92]

Hong Kong

As in Mainland China, child pornography of any kind is illegal in Hong Kong. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child under 18 years of age, or to publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes, or intends to publish any child pornography. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.^[93]

India

Child pornography in India is illegal. In February 2009, the Parliament of India passed the Information Technology (Amendment) Bill which made creation and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to a 5-year term in imprisonment and ₹ 1 million fine.^[94]

Iran

All pornography, including child pornography, is illegal in Iran.^[95]

Indonesia

In Indonesia all pornography is forbidden but Indonesia has no laws regarding pornography online. Jakarta's Chinatown district considered to be one of the largest pornographic bazaars in Southeast Asia. Indonesia is called "a heaven for child pornography,"^[96]

Japan

Child pornography in Japan is illegal. The production, sale, distribution, commercialization, and/or possession of child pornography is illegal under Article 7 of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children^[97] and is punishable by a maximum penalty of 5 years in prison and/or a fine of ¥5,000,000.^[98] Possession of child pornography with any intent of distribution or sale is also illegal.^[97]

Kazakhstan

The law in Kazakhstan does not prohibit the simple possession of child pornography.^[78] In 2010, the government introduced a criminal statute on the production and distribution of child pornography. Those convicted face administrative penalties.^[99]

Malaysia

Malaysia does not have specific legislation about child pornography. However, the offense of rape and other forms of child sex abuse are punishable under Section 376 and Section 376B of the Penal Code, as well as the Child Act 2001. The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.^[100]

Pakistan

Possession and distribution of child pornography is Illegal in Pakistan.whoever commits an offence of child pornography shall be punished with imprisonment of either description for a term which shall not be less than two years and may extend up to seven years or fine which shall not be less than two hundred thousand rupees and may be extend up to seven hundred thousand rupees or with both . The production of pornography in Pakistan is legal as long as it is involves actors 13 years or older. Producing pornography involving an actor under 13 years old carries a civil penalty of Rs. 5,000,000. There is no criminal penalty. Because of the lax law Pakistan is the world's largest exporter of young pornography. Despite pressure by the American government Pakistan foreign ministers Aftab Ahmed and Rehman Malik have refused to change its laws to agree with Interpol agreement.

Philippines

The Philippines passed Republic Act No. 9775 "Anti Child Pornography Act" in November 2009. The Act outlaws the production, creation, distribution and possession of child pornography. It also places obligations on mall operators and owners of commercial property to ensure that violations of child pornography are not being committed on their premises.

Controversially, the Act also creates obligations on internet-related service providers to ensure child pornography is not being stored or transmitted through their services. The Act requires internet service providers and internet hosting services to employ filtering software and to report child pornography violations within 7 days of discovery. How this obligation is to be implemented is yet to be seen. As of February 2010 the implementing rules and regulations were yet to be released by the National Telecommunications Commission and the Inter-Agency Council Against Child Pornography.

The law also expressly places obligations upon photo developers, information technology professionals, credit card companies, banks and anyone with direct knowledge of child pornography activities to report suspected child pornography materials and transaction within 7 days of discovery.

Prior to the Anti-Child Pornography Act, it was already illegal to use children for pornography and to sell and distribute that material. Under section 9 of Republic Act No. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", its prohibited to hire, employ, use, persuade, induce or coerce a child into performing for obscene publications or pornographic materials.

In addition, the Anti-Trafficking in Persons Act (Republic Act no. 9208) also outlaws the trafficking of children for the use in pornographic material.

Saudi Arabia

All pornography is illegal in Saudi Arabia, and the law makes no distinction between adult pornography and child pornography.^[101]

South Korea

Child pornography is illegal in South Korea and punishable by up to 1 year in prison or by fines up to twenty millions Korean Won. And the criminal can be forced to put an electronic ankle bracelet up to 10 years, by being listed on the sex offenders list for up to 20 years, and by be prohibited to work related to children and youths.

Sri Lanka

Production, distribution, sale and possession of child pornography is illegal in Sri Lanka. It is punishable by up to 20 years' imprisonment, severe fines and/or forfeiture of property.

Syria

Child pornography is considered a trafficking crime in Syria, but is unclear if this includes simple possession. The penalties for child pornography are also unknown and it is unclear if anyone was ever prosecuted for child pornography.^[102]

Taiwan

Child and Adolescent Sex Exploitation Prevention Act criminalized the production, broadcast, distribution, exhibition of child pornography. Simple possession of such materials without justifiable cause is punishable by fines.

Thailand

The production, distribution, import, or export of child pornography is illegal in Thailand and punishable by a maximum of 3 years in prison and a fine not more than 6,000 baht.^[103] The law does not prohibit simple possession of child pornography.^[78]

Turkey

The law in Turkey does not prohibit simple possession of child pornography.^[78] Production and distribution of child pornography is illegal and is punishable by imprisonment of 6 months to 2 years as well as a fine.^[104]

Vietnam

The production, distribution, dissemination, and sale of child pornography is illegal in Vietnam and is punishable by 3 to 10 years in prison. Simple possession of child pornography is most likely illegal as well, since the laws in Vietnam prohibit all pornography, regardless of circumstances.^[105]

Europe

Albania

The production and distribution of child pornography is illegal in Albania and punishable by a fine of 1 million leks to 5 million leks and a prison sentence of 1 to 5 years. It is unknown if simple possession of child pornography is illegal.^[106]

Andorra

Child pornography is illegal in Andorra and punishable by up to 4 years in prison.^[107]

Armenia

Child pornography is illegal in Armenia and punishable by up to 7 years in prison.^[108]

Belarus

The law in Belarus does not prohibit the simple possession of child pornography,^[78] but production and distribution of pornographic materials depicting a minor is illegal and punishable by up to 13 years in prison.^[109]

Croatia

Possession, production and distribution of child pornography is illegal in Croatia and punishable by up to 5 years in prison. Also, exposing children to pornography may result in fines or a sentence of up to one year in prison.^[110]

Czech Republic

The possession, manufacturing, and distribution of child pornography is illegal in the Czech Republic and punishable by up to 8 years in prison.^[111] Possession of child pornography was made illegal in 2007 and is punishable by up to 2 years in prison.^[112]

Denmark

Possession, distribution, and production of child pornography is illegal under Danish law, likewise is spectating such an act even without taking part. Specifically, §230, §235, and §235a in the Danish Penal Code are concerned with children and pornography, although the language is dated and vague.^[113]

Finland

Under Finnish law, it is illegal to possess, produce or distribute child pornography. Possession of child pornography is punishable by fine or imprisonment of one year while production or distribution of child pornography is punishable by fine or two years imprisonment.

"Aggravated" distribution of child pornography depicting a child whom is (1) particularly young, (2) also subject to violence or particularly humiliating treatment, (3) the offence is committed in a particularly methodical manner or (4) the offence has been committed in the framework of a criminal organisation; and is punishable by up to six years imprisonment.^[114]

Fantasy-based cartoon child pornography is legal in Finland.

France

The law in France prohibits child pornography; the maximum penalty for its use and distribution is five years imprisonment and a €75,000 euro ($97,500) fine.^[115]

Germany

German prosecution authorities and legal bodies of Germanys 16 states handle the definition of child pornography highly differently. The German Edathy affair (former member of parliament) of 2013/2014 following the neglected coooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors. New laws were still in parliamentary debating as lately as 19. December 2014. The production, distribution, possession and possession for sale of child pornography is illegal in Germany. A conviction for either one is punishable by up to 14 years' imprisonment. Attempting to gain access to child pornography is punishable by up to 5 years of imprisonment.^[116]

Greece

The law in Greece prohibits the possession and circulation of child pornography, treating it as a felony and is punishable by 5 to 10 years’ imprisonment.^[117]

Hungary

The law in Hungary prohibits child pornography of any kind and is punishable by up to eight years in prison.^[118]

Iceland

Possession of child pornography is illegal in Iceland and punishable by up to two years in prison.^[119]

Ireland

The Child Trafficking and Pornography Act 1998 prohibits the production, distribution, sale, publication and possession of child pornography. Penalties include prison sentences and fines. The most common way individuals in Ireland distribute or acquire child pornography is via the internet. Some ISPs have implemented filters that block sites containing child pornography. In early 2015, UPC set up an internet filtering system with the help of An Garda Síochána (The Irish Police Service) to block child pornography which applies to all of its customers. If an internet user tries to access a blocked site, a message will be displayed stating that the material is illegal and that is why the site has been blocked. However, UPC does not pass on the details of customers who try to access blocked sites to An Garda Síochána. However, not all ISPs have filters in place and filters can easily be bypassed using proxy servers.

Italy

Production, possession, distribution of child pornography in all its forms is illegal in Italy. The Italian law clearly designates child pornography as "portraying or visually depicting any minor engaged or involved in sexually explicit activities, as well as the simple lascivous exhibition or genitals or of the pubic region".^[120]

From 2 March 2006, prohibition also extends to simulated child pornography in a specific legal designation that defines virtual imagery as "[...] images realized through the modification of real photographies or images of minors, or parts thereof, with graphic elaboration techniques [...] whose quality makes non real situations appear as real." This excludes drawings, cartoons, and other non-realistic simulated child pornography.^[121]

Producers and distributors of child pornography are punished with imprisonment from six to twelve years, and with a fine ranging from 25.822 to 258.228 Euros. Possession of child pornography is punished with imprisonment up to three years, and with a minimum fine of 1549 Euros; sentences can be doubled or tripled if the quantity of child pornography found in possession of the culprit is "vast".

Secondary punishment includes a lifetime ban from employment in schools and in public or private services, organizations, structures, institutions or business establishments mainly frequented by minors.

Monaco

Production and possession of child pornography is illegal in Monaco.^[78] Since April 2009, the government of Monaco uses a list established by the Internet Watch Foundation to block access to websites containing child pornography.^[122]

Netherlands

Production, possession, and distribution of child pornography and accessing child pornography on the Internet is illegal in the Netherlands and punishable by up to 4 years in prison.^[123]

Portugal

Child pornography is statutorily criminalised in the Portuguese Criminal Code (Código Penal Português). The age of sexual content in Portugal is, in principle, 16 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards however because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18.

Romania

The display, selling, dissemination, renting, distribution, and production of child pornography, defined as any pornographic material involving minors, is punishable by 1 to 5 years in prison. If these acts are done with the use of information technology, the punishment is 2 to 7 years. Unlawful accessing of child pornography through information technology is punished by 3 months to 3 years in prison or by a criminal fine.^[124]

Russia

The Russian law does not prohibit the simple possession of child pornography.^[125] The production, trade turnover of child pornography materials, as well as involvement underage individuals into production of such materials is punishable by deprivation of liberty for a term of two to fifteen years.

Slovakia

The production, distribution, or possession of child pornography is prohibited in Slovakia; the penalties for breaking the law range from two to 20 years’ imprisonment.^[126]

Spain

The law in Spain prohibits child pornography. The penal code criminalizes both using a minor “to prepare any type of pornographic material” and producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition, of “any type” of child pornography by “any means.” Knowingly possessing child pornography is also penalized, carrying a potential prison sentence of up to one year. The penalty for the production, sale, or distribution of pornography in which a child under 18 years of age has been involved is imprisonment from one to four years or up to eight years if the child is under 13.^[127]

Sweden

Presumed illegal prior to 1971. Legal from 1971–1980. Now still illegal. The National Library of Sweden experienced a dispute regarding the alleged collection due to their legal obligation to archive all material printed on Swedish soil.^[128][129] This became publicized as activist groups Hand in Hand and Anhöriga till sexuellt utnyttjade barn became involved.^[130]

Ukraine

The law in Ukraine does not prohibit simple possession of child pornography,^[78] but courts have the authority to limit access to websites which distribute child pornography and to impose financial penalties and prison sentences for those running the websites.

Nina Karpachova, the Ukrainian Parliament Commissioner for Human Rights, said in June 2011 that a significant amount of child pornography available on the Internet originates in Ukraine. It is believed the child pornography market in Ukraine is worth about $100 million per year.^[131]

United Kingdom

In the United Kingdom, it is illegal to take, make, distribute, show or possess an indecent image of a child under 18. Before 2003 it was illegal to take, make, distribute, show or possess an indecent image of a child under 16. The maximum sentence is 10 years imprisonment for extreme cases, 5 years imprisonment for high level cases & a summary conviction of 6 months imprisonment and/or statutory maximum fine for lower level cases.

Oceania

Australia

The maximum penalty is 10 years' jail and/or a $275,000 fine. People have been successfully prosecuted after describing acts of abuse via MMS.^[4] Operation Auxin in September 2004 led to the arrest of almost 200 people on charges of child pornography, and "sting" operations are common.

In December 2008, a Sydney man was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.^[132]

Also in March 2011, a Tasmanian man was convicted with possessing child pornography after police investigators discovered an electronic copy of The Pearl by Anonymous on his computer. The Pearl is available for purchase within Australia and published by Harper Collins.^[133] The conviction was set aside on appeal.^[134]

New Zealand

Browsing for or attempting to privately gain access to child pornography is illegal in New Zealand and could possibly face up to a 5-year sentence in prison or a fine up to $NZ50,000. The production of child pornography as well as distribution carries stricter punishments. Distribution carries a penalty of up to 14 years' imprisonment. Production of child pornography is considered a form of child sexual abuse under the criminal code of New Zealand which is punishable by up to 10 years' imprisonment or a fine up to $NZ200,000.

Palau

The law in the Republic of Palau does not address child pornography.^[135]

Papua New Guinea

Every type of pornography is illegal in Papua New Guinea, with laws strictly enforced. Pornographic websites are blocked in the country. The possession, sale, import and export of pornography is punishable by up to 6 thousand years' imprisonment with a fine up to 1,000,000,000,000,000 kina. Child pornography is illegal in Papua New Guinea and punishable by 5 to 15 million years' imprisonment and/or a fine up to 2 million billion kina.^[136]

See also

• Legal status of cartoon pornography depicting minors
• List of pornography laws by country
• Debate regarding child pornography laws

References

External links

• National Center for Missing and Exploited Children (USA). "Child Pornography Fact Sheet". 
• National Society for the Prevention of Cruelty to Children (UK). "Child abuse images and the internet: A reading list". 

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