In April, 2013, the National Civil Police, a unit of the Computer Crime Investigation Group of the Central Investigation Division launched a search for pornography. Chief inspector Jesus Perez Sanches instructed two investigative agents to perform a search when they observed five individuals, including Alejandro G.D., selling pornography on the street in a residential neighborhood.
A man who possessed 39 drawn pornographic images in manga style was acquitted from a charge of possession of child pornography on the grounds that holding this possession as illegal would unreasonably limit freedom of expression. Swedish child pornography laws outlaw actual photographic material as well as drawn images. The purpose of this law is to protect children from offensive materials, to avoid anyone using child pornography to snare children into sexual situations, and to protect their likeness being shared in pornographic materials.
The Child Care, Protection, and Justice Act regulates the care and protection of children, including regulation of: the responsibilities and rights of parents; the role of local authorities; prohibiting harmful practices; procedures when children are accused of crimes; establishment of a child justice court system; and general child welfare. Under Section 78, no child can be taken without the consent of a parent of custodial figure. Punishment for such a crime is up to 10 years imprisonment.
The Child Pornography (Prevention) Act prohibits the production, distribution, importation, exportation or possession of child pornography and the use of children for pornography A “Child” is a male or a female person under the age of 18 years. Child pornography constitutes any visual representation, any audio recording or written material depicting engagement of a child in sexual activity or depicts body parts of child for sexual purposes, or depicts a child subject to torture, cruelty, or physical abuse of a sexual context.
The Penal Code distinguishes and applies different penalties in accordance with the age of the minor. Pursuant to article 192, the prohibition of the perpetration of a sexual act with a minor under 14 years old or leading that minor to practice such acts with a third person is punished with up to 12 years in prison. Again, the law makes a distinction whether the act involved penetration, in which case the maximum punishment increases to 15 years.
A person who sexually abuses a person under the age of 13 through violence, threat, coercion, or intimidation is subject to imprisonment of between 6 months to 4 years, in instances where the person takes advantage of a relationship of dependence, authority, power or the inability of the victim to freely give consent. The penalty will be increased to 4-10 years of imprisonment where the abuse, as a result of its duration or other circumstances, constitutes grave sexual injury.
Article 163 punishes sexual coercion – to coerce someone to practice a “relevant sexual act” – with imprisonment from one to eight years. Article 164 punishes forcible intercourse (“violação”) with imprisonment from one to six years. Article 168 punishes artificial procreation without a woman’s consent, with imprisonment from one to eight years. Articles 171 and 172 punish sexual abuse of minors of 14 years with imprisonment from 1-10 years. Article 173 punishes sexual acts with adolescents (individuals between 14 and 16 years old) with imprisonment up to three years.
Art. 343 prohibits the production and distribution of pornographic materials or items of a pornographic nature depicting minors, which is punishable by correctional work for up to two years, administrative arrest, restraint on liberty, or imprisonment for a term of up to four years, and by a term of up to eight years in case of aggravating circumstances.
This statute prohibits production, reproduction, distribution, transfer and knowing possession of child pornography through any medium, device or format.
While intoxicated, the defendant committed lewd acts against a minor (under 14 years old) by forcing her to expose herself and photographing her naked. He also took the photographs, which were recognized as a pornographic product. According to the courts of the first and second instance, the illegal actions qualified as corruption of a minor (Article 156 of the Criminal Code of Ukraine) and the production of child pornography for which he was sentenced to seven years of imprisonment.
