Distribution of Pornography

Distribution of Pornography in Europe

Distribution of Pornography in Germany

Provisions relating to distribution of pornography in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 184 Distribution of pornography, which reads: (1) Whosoever with regard to pornographic written materials (section 11 (3)) 1. offers, gives or makes them accessible to a person under eighteen years of age; displays, presents or otherwise makes them accessible at a place accessible to persons under eighteen years of age, or which can be viewed by them; 2. offers or gives them to another in retail trade outside the business premises, in kiosks or other sales areas which the customer usually does not enter, through a mail-order business or in commercial lending libraries or reading circles; 3a. offers or gives them to another by means of commercial rental or comparable commercial supply for use, except for shops which are not accessible to persons under eighteen years of age and which cannot be viewed by them; 3. 4. undertakes to import them by means of a mail-order business; publicly offers, announces, or commends them at a place accessible to persons under eighteen years of age or which can be viewed by them, or through dissemination of written materials outside business transactions through the usual trade outlets; 5. 6. allows another to obtain them without having been requested to do so; 7. shows them at a public film showing for an entry fee intended entirely or predominantly for this showing; 8. produces, obtains, supplies, stocks, or undertakes to import them in order to use them or copies made from them within the meaning of Nos 1 to 7 above or to facilitate such use by another; or ndertakes to export them in order to disseminate them or copies made from them abroad in violation of foreign penal provisions or to make them publicly accessible or to facilitate such use, 9. shall be liable to imprisonment of not more than one year or a fine. (2) Subsection (1) No 1 above shall not apply if the offender is the person in charge of the care of the person, unless that person grossly violates his duty of education by offering, giving, or making them available. Subsection (1) No 3a above shall not apply if the act takes place in business transactions with commercial borrowers.

Distribution of Pornographic Performances by Broadcasting, Media Services or Telecommunications Services in Germany

Provisions relating to distribution of pornographic performances by broadcasting, media services or telecommunications services in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 184d Distribution of pornographic performances by broadcasting, media services or telecommunications services, which reads: Whosoever disseminates pornographic performances via broadcast, media services, or telecommunications services shall be liable pursuant to sections 184 to 184c. In cases under section 184 (1) the 1st sentence above shall not apply to dissemination via media services or telecommunications services if it is ensured by technical or other measures that the pornographic performance is not accessible to persons under eighteen years of age.

Distribution of Pornography Depicting Violence or Sodomy in Germany

Provisions relating to distribution of pornography depicting violence or sodomy in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 184a Distribution of pornography depicting violence or sodomy, which reads: Whosoever 1. disseminates; 2. publicly displays, presents, or otherwise makes accessible; or produces, obtains, supplies, stocks, offers, announces, commends, or undertakes to import or export, in order to use them or copies made from them within the meaning of Nos 1 or 2 above or facilitates such use by another, pornographic written materials (section 11 (3)) that have as their object acts of violence or sexual acts of persons with animals 3. shall be liable to imprisonment of not more than three years or a fine.

Resources

Notes

  1. The content of the translated German penal code in relation to distribution of pornography depicting violence or sodomy is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to distribution of pornographic performances by broadcasting, media services or telecommunications services is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to distribution of pornography is current as of 2010

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