Offenders and criminal liability for child and youth pornography

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Offenders and criminal liability for child and youth pornography
The consumers of child and youth pornographic images and videos are predominantly men of all ages. They come from all social classes. Women only appear very occasionally in this area of crime.
LKA NRW

According to studies by Canadian sexologist and psychologist Michael C. Seto, less than 50 percent of perpetrators who actually sexually abuse children are pedophiles, meaning they have no sexual preference for children before puberty.

In contrast, more than 50 percent of consumers of abusive images are paedophiles, making them the largest group of offenders.

According to the aforementioned studies, the other group of consumers is essentially made up of the following three groups:

  • professional traders who want to make money from the images,
  • sexual sadists looking for images in which people are humiliated and degraded,
  • morally/sexually indiscriminate people who see the appeal primarily in breaking taboos.

Among all groups, it is not uncommon to find people with a pronounced hunter-gatherer mentality who live out compulsions by collecting.

 

Information for people who are sexually attracted to children

The prevention network "Kein Täter werden" offers a free and confidential treatment service for people who are seeking therapeutic help because they feel sexually attracted to children and are suffering as a result.

Accessibility: https://www.kein-taeter-werden.de/channel/standorte.html

 

Criminal liability

In principle, any handling of child pornographic material is punishable under Section 184 b StGB (Section 11 (3) StGB).

According to a ruling by the Higher Regional Court of Hamburg on February 15, 2010 (Ref. 2 - 27/09), even viewing child pornographic images on the Internet is punishable.

 

A writing is child pornography if it

  • sexual acts by, on or in front of a person under the age of 14 (child),
  • the depiction of a fully or partially unclothed child in an unnatural, sexually emphasized posture or,
  • the sexually provocative depiction of the unclothed genitals or unclothed buttocks of a child

The possession of child pornography (§ 184 b para. 3 StGB) is just as punishable as the attempt to distribute or produce child pornography (§ 184 b para. 4 StGB).

If the victims are between 14 and under 18 years of age, these photorealistic depictions are referred to as youth pornography, punishable under § 184 c StGB.

 

A writing is considered youth pornography if it

  • sexual acts by, on or in front of a person aged 14 but not yet 18 or
  • the depiction of a fully or partially unclothed 14 but not yet 18-year-old person in an unnaturally sexualized posture shows.

A person who possesses or procures youth pornographic writings within the meaning of Section 184 c (3) StGB is liable to prosecution if they depict an actual event.

In accordance with § 184 b and § 184 c, it is prohibited to distribute child and youth pornography. However, the StGB provides for a higher penalty for the distribution of child pornography. The attempt is also punishable under Section 184 c (5) StGB.

The penalty for "distribution, acquisition and possession of child pornography" in accordance with Section 184 b StGB is between three months and five years, and up to ten years in the case of commercial or gang-related activity. Sexual abuse of children is punishable by a prison sentence of up to ten years.

Further Information

Translated with DeepL.com (API Version)
In urgent cases: Police emergency number 110