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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents