A/AC.291/L.15 2. A State Party may require an intent to defraud, or a similar dishonest or criminal intent, before criminal liability attaches. Article 13. Information and communications technology system-related theft or fraud Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by means of: [agreed ad referendum] (a) Any input, alteration, deletion or suppression of electronic data; [ agreed in informals] (b) Any interference with the functioning of an communications technology system; [agreed ad referendum] information and (c) Any deception as to factual circumstances made through an information and communications technology system that causes a person to do or omit to do anything which that person would not otherwise do or omit to do; [ agreed ad referendum] with the fraudulent or dishonest intent of procuring for oneself or for another person, without right, a gain in money or other property. Article 14. Offences related to online child sexual abuse or child sexual exploitation material 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: (a) Producing, offering, selling, distributing, transmitting, broadcasting, displaying, publishing or otherwise making available child sexual abuse or child sexual exploitation material through an information and communications technology system; (b) Soliciting, procuring or accessing child sexual abuse or child sexual exploitation material through an information and communications technology system; (c) Possessing or controlling child sexual abuse or child sexual exploitation material stored in an information and communications technology system or another storage medium; (d) Financing the offences established in accordance with subparagraphs (a) to (c) of this paragraph, which States Parties may establish as a separate offence. 2. For the purposes of this article, the term “child sexual abuse or child sexual exploitation material” shall include visual material, and may include written or audio content, that depicts, describes or represents any person under 18 years of age: (a) Engaging in real or simulated sexual activity; (b) In the presence of a person engaging in any sexual activity; (c) Whose sexual parts are displayed for primarily sexual purposes; or (d) Subjected to torture or cruel, inhumane or degrading treatment or punishment and such material is sexual in nature. 3. A State Party may require that the material identified in paragraph 2 of this article be limited to material that: V.24-14137 (a) Depicts, describes or represents an existing person; or (b) Visually depicts child sexual abuse or child sexual exploitation . 7/41