A.437 19. (1)   In this section — (a) “child” means a person who is under the age of 18 years; (b) “child pornography” includes material that visually or otherwise depicts — (i) a child engaged in sexually explicit conduct, (ii) a person who appears to be a child engaged in sexually explicit conduct, or (iii) realistic images representing a child engaged in sexually explicit conduct; and (c) “sexually explicit conduct” means any conduct, whether real or simulated, which involves — (i) sexual intercourse, including genital-genital, oral-genital, anal genital or oral-anal, between children, or between an adult and a child, of the same or opposite sex, (ii) bestiality, (iii) masturbation, (iv) sadistic or masochistic sexual abuse, or (v) the exhibition of the genitals or pubic area of a child. (2) A person who — (a) publishes child pornography or obscene material relating to children through a computer or computer system; (b) produces child pornography or obscene material relating to children for the purpose of its publication through a computer or computer system; (c) possesses child pornography or obscene material relating to children in a computer or computer system or on a computer data storage medium; (d) publishes or causes to be published an advertisement likely to be understood as conveying that the advertiser distributes or shows child pornography or obscene material relating to children; or (e) accesses child pornography or obscene material relating to children through a computer or computer system, commits an offence and is liable to a fine not exceeding P100 000, or to imprisonment for a term not exceeding five years, or to both. (3) A person who, by means of a computer or computer system, communicates with a person who is, or who the accused believes is — (a) under the age of 18 years, for the purpose of facilitating the commission of the offence of child pornography under this Act, or the offences of prostitution, rape or indecent assault under the Penal Code; (b) under the age of 16 years, for the purpose of facilitating the commission of the offences of abduction or kidnapping of that person under the Penal Code; or (c) under the age of 16 years, for the purpose of facilitating the commission of the offence of defilement or any sexual offence of that person under the Penal Code, Pornographic or obscene material Cap. 08:01

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