A/AC.291/L.15 4. In accordance with their domestic law and consistent with applicable international obligations, States Parties may take steps to exclude the criminalization of: (a) Conduct by children for self-generated material depicting them; or (b) The consensual production, transmission, or possession of material described in paragraph 2 (a) to (c) of this article, where the underlying conduct depicted is legal as determined by domestic law, and where such material is maintained exclusively for the private and consensual use of the persons involved. 5. Nothing in this Convention shall affect any international obligations which are more conducive to the realization of the rights of the child. Article 15. Solicitation or grooming for the purpose of committing a sexual offence against a child [agreed ad referendum] 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the act of intentionally communicating, soliciting, grooming, or making any arrangement through an information and communications technology system for the purpose of committing a sexual offence against a child, as defined in domestic law, including for the commission of any of the offences established in accordance with article 14 of this Convention. 2. A State Party may require an act in furtherance of the conduct described in paragraph 1 of this article. 3. A State Party may consider extending criminalization in accordance with paragraph 1 of this article in relation to a person believed to be a child. 4. States Parties may take steps to exclude the criminalization of conduct as described in paragraph 1 of this article when committed by children. Article 16. Non-consensual dissemination of intimate images 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 selling, distributing, transmitting, publishing or otherwise making available of an intimate image of a person by means of an information and communications technology system, without the consent of the person depicted in the image. 2. For the purpose of paragraph 1 of this article, “intimate image” shall mean a visual recording of a person over the age of 18 years made by any means, including a photograph or video recording, that is sexual in nature, in which the person’s sexual parts are exposed or the person is engaged in sexual activity, which was private at the time of the recording, and in respect of which the person or persons depicted maintained a reasonable expectation of privacy at the time of the offence. 3. A State Party may extend the definition of intimate images, as appropriate, to depictions of persons who are under the age of 18 years if they are of legal age to engage in sexual activity under domestic law and the image does not depict child abuse or exploitation. 4. For the purposes of this article, a person who is under the age of 18 years and depicted in an intimate image cannot consent to the dissemination of an intimate image that constitutes child sexual abuse or child sexual exploitation material under article 14 of this Convention. 5. A State Party may require the intent to cause harm before criminal liability attaches. 8/41 V.24-14137