Juvenile Pornography

Juvenile Pornography in Europe

Distribution, Acquisition and Possession of Juvenile Pornography in Germany

Provisions relating to distribution, acquisition and possession of juvenile 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 184c Distribution, acquisition and possession of juvenile pornography, which reads: (1) 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)) related to sexual activities performed by, on or in the presence of persons between the ages of fourteen to eighteen years (juvenile pornography) 3. shall be liable to imprisonment of not more than three years or a fine. (2) Whosoever undertakes to obtain possession for another of juvernile pornography reproducing an actual or realistic activity shall incur the same penalty. (3) In cases under subsection (1) or subsection (2) above the penalty shall be imprisonment of three months to five years if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences and the juvenile pornography reproduces an actual or realistic activity. (4) Whosoever undertakes to obtain possession of child pornography reproducing an actual or realistic activity shall be liable to imprisonment of not more than one year or a fine.The 1st sentence shall not apply to acts of persons related to juvenile pornography produced by them while under eighteen years of age and with the consent of the persons therein depicted. (5) Section 184b (5) and (6) shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to distribution, acquisition and possession of juvenile pornography is current as of 2010

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