Sent "nudes" in a messenger — this may no longer lead to criminal liability

For crimes related to child pornography, sexual exploitation of children, and involving minors in prostitution, criminal liability in Ukraine may be significantly increased. The bill provides for harsher punishments, new qualifying features, and separate crime categories, while proposing to change the approach to criminal prosecution for certain actions involving pornographic materials between adults. The document has already received support from the relevant committee of the Verkhovna Rada.

In particular, the Committee on Law Enforcement recommended that the parliament adopt in the first reading the draft law No. 15294 "On Amendments to the Criminal Code of Ukraine Regarding Strengthening Responsibility for the Production and Distribution of Child Pornography." The committee also recommends halving the period for submitting amendments and proposals to the document.

As previously reported by "Judicial and Legal Newspaper," the bill aims to improve the criminal-legal protection of children from sexual exploitation and sexual violence in accordance with the Lanzarote Convention provisions and childhood protection legislation. 

At the same time, it is proposed to decriminalize certain actions with pornographic materials between adults, focusing criminal-legal protection primarily on combating crimes against children.

The focus of criminal liability shifts to child protection

The bill provides comprehensive changes to Articles 301–303 of the Criminal Code of Ukraine.

One of the main innovations is the new wording of Article 301 of the Criminal Code of Ukraine. The document proposes to decriminalize certain actions with pornographic materials between adults. At the same time, criminal liability will remain for the sale or distribution of such materials among minors and young children, as well as for their production, sale, or distribution without the consent of the person depicted.

Additionally, it is proposed to strengthen sanctions for crimes related to child pornography, conducting sexual shows involving children, creating brothels, and involving minors in prostitution.

Also, for certain crimes related to child pornography, the list of qualifying features is expanded. In particular, this concerns cases when the crime is committed by an organized group, with obtaining large income, or by a person responsible for the upbringing, care, or supervision of a child.

What punishment is proposed for distributing pornography among children

The document proposes establishing separate criminal liability for the sale or distribution of works, images, or other pornographic items to minors, as well as for their production, storage, transportation, or other movement with the purpose of further sale or distribution.

For such actions, punishment ranging from a fine to imprisonment for up to five years is proposed.

If pornographic materials are distributed among young children, the liability will be stricter. For such actions, as well as for production, storage, or transportation of materials for further sale or distribution among young children, imprisonment from three to seven years is proposed.

Coercion to create pornography proposed as a separate crime

The bill proposes to define coercion of an adult to participate in the creation of works, images, or other pornographic items as a separate crime.

Such actions are punishable by imprisonment from three to eight years.

For the most serious crimes related to child pornography, up to 15 years imprisonment may be established

Significant changes are proposed to Article 301-1 of the Criminal Code of Ukraine, which defines liability for crimes related to child pornography.

The document increases the terms of punishment for almost all qualified forms of this crime. The harshest punishment is proposed for repeated offenses, commission by a group or organized group, obtaining large income, as well as coercion of a young child to participate in creating child pornography.

A separate especially qualifying feature is proposed to be the commission of such crimes by a father, mother, stepfather, stepmother, guardian, custodian, or another person responsible for the upbringing, medical, or pedagogical supervision of the child.

For such acts, the bill proposes imprisonment from ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for up to five years.

Increased liability for access to child pornography and sexual shows involving children

The document also provides for increased liability for obtaining access to child pornography, its acquisition, storage, import, transportation, production, sale, and distribution.

In particular, the maximum imprisonment terms are proposed to be increased:

• from 3 to 5 years;
• from 6 to 7 years;
• for certain qualified forms — from 8–12 to 9–13 years.

It is also proposed to increase punishment for conducting sexual shows involving minors and young children. The sanction is planned to be increased from 5–7 to 7–10 years imprisonment, and for certain qualified forms — up to 12 years instead of the current 10 years.

Stricter sanctions for involving children in prostitution

The bill strengthens liability for creating or maintaining brothels and pimping involving minors or young children. Maximum imprisonment terms for certain qualified forms of such crimes are proposed to be increased to twelve years.

Liability for pimping or involving a person in prostitution, if committed against children, is also increased. For certain especially qualified forms of the crime, the minimum punishment term is proposed to be raised from eight to ten years imprisonment, while the maximum term remains fifteen years.

Which actions between adults are proposed to be decriminalized

At the same time, the bill changes the approach to criminal-legal regulation of the circulation of pornographic materials between adults.

In particular, it is proposed to decriminalize import, storage, transportation, production, sending, or other movement, as well as sale and distribution of works, images, and other pornographic items between adults.

Thus, criminal liability is proposed to be focused primarily on crimes related to child pornography, sexual exploitation of children, and involving young children and minors in such acts.

At the same time, the authors of the document note that after possible adoption of the law, practical clarification will be needed regarding which specific actions with pornographic materials between adults will no longer be considered criminal offenses and how they will be distinguished from crimes related to child pornography. In addition, the emergence of new qualifying features and increased sanctions may influence the formation of new judicial practice regarding investigation and proving such criminal offenses.

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