Need lawyer 'child pornography'?

Possessing and distributing child pornography is punishable by law. So is attending child pornography performances. This is regulated by Articles 252 and 253 of the Penal Code (Sr).

Suspected of possessing or distributing child pornography?

Article 252 Sr deals with the criminality of child pornography and replaces the former article 240b Sr. This article criminalizes a wide range of activities related to child pornography. This includes the manufacture, distribution, offering, exhibition, importation, transit, performance, acquisition, possession and access to visual representations of a sexual nature involving minors. The term "visual display" is technology-independent and includes both physical and digital forms of material. What is important here is that the person involved must be under eighteen years of age, or apparently younger. This means that both explicit sexual conduct and less direct forms such as posing in sexual poses can fall under the definition of child pornography. Virtual depictions, which appear realistic but do not show actual children, are also covered by criminality if they have an unmistakable sexual intent. The penalty maximum for these offenses has been increased to six years in prison or a fifth-category fine.

What does the article of law say regarding child pornography?

The person who distributes, offers, openly exhibits, manufactures, imports, transits, exports, acquires, possesses or accesses a visual representation of a sexual nature or of an unmistakably sexual nature involving or appearing to involve a person who has apparently not yet reached the age of eighteen years shall be punished by imprisonment for a term not exceeding six years or a fifth category fine.

Suspected of attending child pornography show?

Article 253 Sr, the successor to article 248c Sr, criminalizes attending child pornographic performances. This article focuses on intentionally attending live performances in which a child is involved in sexual acts or in which child pornographic material is shown. This criminality includes both physical presence and remote participation. The law expands the scope to comply with European directives that require such acts to be punishable. The penalty for attending these performances can also be up to six years in prison or a fifth category fine.

What does the law article say regarding attending child pornography show?

The person who intentionally attends a performance in which a person under the age of eighteen is involved or appears to be involved in acts of a sexual nature or with an unmistakable sexual intent or in which a visual representation as referred to in article 252 is shown, shall be punishable by imprisonment not exceeding six years or a fine of the fifth category.

What is an example of child pornography?

A concrete example of the application of these articles could be if a person downloads a video of a child in sexual positions, and stores this video on a cloud server. Under Article 252, this person would be punishable for accessing and possessing child pornographic material. If this person also actually participates in an online live show in which children are sexually explicitly depicted, this could be punishable under Section 253 as intentionally attending a child pornographic performance. In both cases, the penalties are hefty, up to six years in prison or a large fine.

Are you suspected of 'child pornography'?

The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of child pornography.

Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.

If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.

Read here more about what different sex offenses there are.

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