The Public Prosecutor (Ministério Público) brought charges of child pornography against defendant, “B” (name omitted from public record), for committing the crime of child pornography. The Public Prosecutor argued that B. kept naked pictures of a 14-year-old girl. The Lower Court found B not guilty of child pornography, because B did not coerce the girl to send him the pictures, but instead had received the pictures from the girl out of her own free will. The Appellate Court reversed the decision, holding that the means by which the pictures were obtained were irrelevant, and maintaining that possession of naked pictures of a minor is sufficient for the crime of child pornography under section 176 of the Portuguese Penal Code.
Ministério Público v. [Undisclosed Parties], 481/14.5JABRG.P1