Article 374
Pornography
(1) The production, possession, purchase, storage, display, promotion, distribution and making available in any way, to child pornography shall be punished with imprisonment from one year to five years.
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Alin. (1) art. Amended by section 374. 15 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of 23 May 2016.
(1 1) The penalty in para. (1) is punishable inciting or recruiting a child for the purpose of his participation in a pornographic performance, or profiting from such a show in which participating minors or exploitation of a minor in any way for making pornographic performances.
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Alin. (1 1) of the article. Section 374 was introduced. 16 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of 23 May 2016.
(1 ^ 2) Watching attending pornographic performances in which minors are punished with imprisonment from three months to three years or a fine.
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Alin. (1 ^ 2) of the article. Section 374 was introduced. 16 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of May 23, 2016.
(2) If the deeds provided in par. (1) committed through a computer system or other means of data storage, the penalty is imprisonment for 2-7 years.
(3) Access without law, child pornography through computer systems or other electronic communication means, shall be punished with imprisonment from three months to three years or a fine.
(3 ^ 1) If the deeds provided in par. (1), (1 1), (1 ^ 2) and (2) have been committed in the following circumstances:
a) by a family member;
b) by a person in whose care, protection, education, protection or treatment is minor or a person having abused their recognized position of trust or authority over the minor;
c) the offense endangered the life of the minor, special limits of the punishment shall be increased by one third.
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Alin. (3 ^ 1) of the article. Section 374 was introduced. 17 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of May 23, 2016.
(4) The child abuse material is any material that has a minor or an adult as a minor, having sexually explicit conduct or, although not representing a real person, simulates, reliably, a minor with such a conduct and any representation of the sexual organs of a child for sexual purposes.
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Alin. (4) art. Amended by section 374. 18 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of 23 May 2016.
(4 ^ 1) The pornographic performance means a live exhibition aimed at an audience, including information and communication technology, of a child engaged in sexually explicit conduct or the sexual organs of a child, purpose sexual.
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Alin. (4? 1) of the article. Section 374 was introduced. 19 art. I Emergency Ordinance no. 18 of May 18, 2016 published in the Official Gazette. 389 of May 23, 2016. (5) The attempt shall be punished.
Please note that this is an unofficial translation of the Act.