Database of Legislation

Section 368

Production of Child Pornography

(1) Whoever exploits, obtains, offers or otherwise abuses a child for the production of child pornography or child pornographic performance or facilitates such exploitation, or otherwise participates in such production, shall be punished by a prison sentence of four to ten years.

(2) A prison sentence of seven to twelve years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) on a child younger than twelve years,

b) in a more serious manner of conduct,

c) publicly,

d) by joint action of at least two persons, or

e) and immediately threatens the life of a child by it.

(3) A prison sentence of ten to fifteen years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) and thus cause grievous bodily harm or death, or

b) thus obtain a significant benefit.

(4) A prison sentence of twelve to twenty years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) and thus cause grievous bodily harm or death to several persons,

b) thus obtain a benefit of a large extent, or

c) as a member of a dangerous group.

Section 369

Distribution of Child Pornography

(1) Whoever copies, transports, procures, makes accessible or otherwise distributes child pornography shall be punished by a prison sentence of one to five years.

(2) A prison sentence of three to eight years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) in a more serious manner of conduct, or

b) publicly.

(3) A prison sentence of four to ten years shall be imposed upon an offender if they committed an act referred to in Subsection 1 and thus obtain significant benefit.

(4) A prison sentence of seven to twelve years shall be imposed upon an offender if they committed an act referred to in Subsection 1 and thus obtain a benefit of a large extent.

Section 370

Possession of Child Pornography and Participation in a Child Pornographic Performance

(1) Whoever possesses child pornography or whoever acts with the intention to obtain access to child pornography through an electronic communication service shall be punished by a prison sentence of up to two years.

(2) The same punishment referred to in Subsection 1 shall be imposed upon a person who intentionally participates in child pornographic performance.