What is considered as child pornography?
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Images and videos depicting children naked or half-naked in a sexual situation to arouse sexual desire in others are considered as child sexual abuse material (CSAM), legally known as child pornography.
Child pornography is defined as a recording (image or video) of a child, i.e. a person under the age of 18, in a position or pose that may arouse sexual desire in others. In particular, child pornography can be defined as a recording that depicts sexuality in a highly indecent manner, i.e. depicting genitalia, real or simulated sexual acts involving a minor either as an active or passive participant, or showing a minor’s genitalia.
The criminal act of child pornography can be constituted not only by the depiction of real persons under the age of eighteen, but also by the depiction of a non-existent person or persons. Realistic means a representation that is deceptively similar to a real person, when it is not possible or cannot reasonably be expected from an ordinary observer to judge whether the person is real or has been created by some computer tools. Accordingly, cartoons are excluded.
However, in case of existent – i.e. identifiable, recognisable – persons, any representation may constitute the criminal act of child pornography, it does not even have to be realistic.
Child pornography refers to Child Sexual Abuse and Exploitation
Although ‘Child pornography’ is used as a terminology in Hungarian National legislation – in line with the practice of INHOPE member hotlines and the terminology principles of the Luxembourg Guidelines – Internet Hotline Hungary also uses the terminology Child Sexual Abuse/Exploitation Material in parallel as this clearly depicts the non-consensual crime committed to children by sexually abusing them.
Act C of 2012 on the Criminal Code
Child Pornography
Section 204
(1) Any person who:
a) obtains or have in his possession pornographic images of a person under the age of eighteen years is guilty of a felony punishable by imprisonment between one to five years,
b) offers, supplies or makes available pornographic images of a person under the age of eighteen years is guilty of a felony punishable by imprisonment between two to eight years,
c) produces, distributes, deals with or makes pornographic images of a person under the age of eighteen years available to the general public is guilty of a felony punishable by imprisonment between five to ten years.
(2) The punishment shall be imprisonment between two to eight years in the case of Paragraph a) of Subsection (1), between five to ten years in the case of Paragraph b) of Subsection (1), between five to fifteen years in the case of Paragraph c) of Subsection (1) if the criminal act described therein is committed:
a) against a person under the age of twelve years;
b) against a person who is in the care, custody or supervision of, or receives medical treatment from, the perpetrator, or if abuse is made of a recognized position of trust, authority or influence over the victim, or by taking advantage of the victim’s position of vulnerability;
c) by a public official, acting in such official capacity;
d) with a recording of inhuman treatment or violence; or e) by a habitual recidivist.
(3) The punishment shall be imprisonment between five to ten years in the case of Paragraph a) of Subsection (1), between five to fifteen years in the case of Paragraph b) of Subsection (1), between five to twenty years in the case of Paragraph c) of Subsection (1) if the criminal act described therein is committed with a recording of inhuman treatment of a person under the age of twelve years, or violence.
(4) Any person who:
a) provides material assistance for the criminal act defined in Paragraph c) of Subsection (1) is guilty of a felony punishable by imprisonment between one to five years;
b) is engaged in preparations for the commission of the crime defined in Paragraph c) of Subsection (1) is guilty of a felony punishable by imprisonment not exceeding three years.
(5) Any person who:
a) obtains or have in his possession pornographic images of a person over the age of fourteen years and under the age of eighteen years is guilty of a felony punishable by imprisonment not exceeding three years;
b) produces pornographic images of a person over the age of fourteen years and under the age of eighteen years is guilty of a felony punishable by imprisonment between one to five years;
if neither of the circumstances defined in Paragraphs b)-e) of Subsection (2) apply.
(6) Any person who persuades a person or persons under the age of eighteen years to participate in a pornographic recording is guilty of a felony punishable by imprisonment between one to five years.
(7) Any person who persuades a person or persons over the age of fourteen years and under the age of eighteen years to participate in a pornographic recording is guilty of a felony punishable by imprisonment not exceeding three years, if neither of the circumstances defined in Paragraphs b)-e) of Subsection (2) apply.
(8) For the purposes of this Section, ‘pornographic image’ means any image of another person or persons that displays sexuality in a gravely indecent manner of exposure specifically for arousing sexual demeanor, including the realistic representation of a person or persons who do not exist.
Section 204/A
(1) A person who:
a) attends a pornographic show in which one or more persons who have not attained the age of eighteen years participate is guilty of a felony and shall be punished by imprisonment for two to eight years,
b) makes one or more persons who have not attained the age of eighteen years participate in a pornographic show or organises such a show is guilty of a felony and shall be punished by imprisonment for five to ten years.
(2) The punishment shall be imprisonment for five to ten years in the case specified in paragraph (1) a) or imprisonment for five to fifteen years in the case specified in paragraph (1) b) if the criminal offence specified therein is committed
a) against a person who has not attained the age of twelve years,
b) against a person raised by or under the supervision, care or medical treatment of the perpetrator, or by abusing any other power or influence over the aggrieved party,
c) by a public officer, using that capacity,
d) with a show depicting tormenting or using violence, or
e) as a special recidivist.
(3) The punishment shall be imprisonment for five to fifteen years in the case specified in paragraph (1) a) or five to twenty years in the case specified in paragraph (1) b) if the criminal offence specified therein is committed with a show depicting the tormenting of, or the use of violence against, a person who has not attained the age of twelve years.
(4) A person who:
a) provides material means for the criminal offence specified in paragraph (1) b) is guilty of a felony and shall be punished by imprisonment for one to five years,
b) commits preparation for the criminal offence specified in paragraph (1) b) is guilty of a felony and shall be punished by imprisonment for up to three years.
(5) A person who invites one or more persons who have not attained the age of eighteen years to participate in a pornographic show is guilty of a felony and shall be punished by imprisonment from one to five years.
(6) A person who invited one or more persons who have attained the age of fourteen years but have not attained the age of eighteen years to participate in a pornographic show is guilty of a felony and shall be punished by imprisonment for up to three years, provided that no circumstance specified in paragraph (2) b) to e) applies.
(7) For the purposes of this section, pornographic show means an act or performance depicting the sexuality of one or more other persons in a grossly indecent manner for the purpose of arousing sexual desire.