Ukrainians will be allowed to exchange intimate photos and videos in messengers

A draft law No. 15294 "On Amendments to the Criminal Code of Ukraine Regarding Strengthening Liability for the Production and Distribution of Child Pornography" has been registered in the Verkhovna Rada. The document proposes to increase criminal liability for crimes related to child pornography, sexual exploitation of children, and involving minors in prostitution.

The bill aims to improve the criminal-legal protection of children from sexual exploitation and sexual violence in accordance with the provisions of the Lanzarote Convention and childhood protection legislation. At the same time, it proposes to decriminalize certain actions involving pornographic materials between adults, focusing criminal-legal protection primarily on combating crimes against children.

As stated in the explanatory note, the current provisions of the Criminal Code require updating due to changes in social relations in this area. The main emphasis of the legislative initiative is on strengthening liability for crimes against young and minor persons related to pornographic materials, child pornography, sexual services, and prostitution.

The focus of criminal liability shifts to child protection

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

One of the key innovations of the bill is the revision of Article 301 of the Criminal Code of Ukraine. According to the explanatory note, the bill aims to decriminalize certain actions with pornographic materials between adults.

In contrast, criminal liability is proposed 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.

The bill also increases penalties for crimes related to child pornography, conducting sexual entertainment events involving children, creating brothels, and involving minors in prostitution.

Additionally, for certain crimes related to child pornography, it is proposed to expand the list of qualifying circumstances, including cases committed by an organized group, with large income, or by persons responsible for the upbringing or supervision of a child.

New rules for distributing pornographic materials among children

The bill proposes to provide: "Sale or distribution of works, images, or other pornographic items to a minor, or their production, storage, transportation, or other movement for the same purpose."

Such actions are proposed to be punishable by a fine or imprisonment for up to five years.

Regarding young children, the bill provides for stricter liability. The sale or distribution of pornographic materials to young children, as well as their production, storage, transportation, or other movement for further sale or distribution among young children, is proposed to be punishable by imprisonment from three to seven years.

A separate crime — coercion to create pornography

Coercion of an adult to participate in the creation of works, images, or other pornographic items is proposed to be defined as a separate crime.

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

Up to 15 years imprisonment for crimes related to child pornography

Significant changes are foreseen for Article 301-1 of the Criminal Code of Ukraine, which regulates liability for actions related to child pornography. The bill increases the terms of punishment for almost all qualified forms of this crime.

The harshest liability is proposed for the most serious crimes related to child pornography. This includes repeated offenses, offenses committed by a group or organized group, receiving large income, and coercion of a young child to participate in creating child pornography.

Furthermore, it is proposed to recognize as especially qualified offenses the commission of such acts by a father, mother, stepfather, stepmother, guardian, custodian, or another person responsible for upbringing, medical, or pedagogical supervision of the child.

For such acts, the bill proposes punishment by 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.

Stricter penalties for sexual shows and access to child pornography

Additionally, liability is increased for obtaining access to child pornography, its purchase, storage, import, transportation, production, sale, and distribution.

In particular, for certain acts under Article 301-1 of the Criminal Code, the maximum imprisonment term is proposed to increase from 6 to 7 years, from 3 to 5 years, and for certain qualified offenses from 8–12 to 9–13 years.

Penalties are also increased for conducting sexual entertainment events involving minors and young children: punishment is proposed to increase from 5–7 to 7–10 years imprisonment, and for certain qualified offenses up to 12 years imprisonment instead of the current 10 years.

Harsher sanctions for involving children in prostitution

The bill also increases penalties for creating or maintaining brothels and pimping involving minors or young children. In particular, maximum imprisonment terms for certain qualified offenses increase to twelve years.

Similarly, liability is increased for pimping or involving a person in prostitution if such acts are committed against minors or young children. For certain especially qualified offenses, the bill proposes to raise the minimum punishment term from eight to ten years imprisonment, keeping the maximum at fifteen years.

What is 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 proposes to decriminalize import, storage, transportation, production, mailing, or other movement, as well as sale and distribution of works, images, and other pornographic items among adults.

Thus, criminal liability in this area is proposed to focus primarily on acts related to child pornography, sexual exploitation of children, and involving young and minor persons in such acts.

At the same time, some provisions of the bill may raise practical questions after its adoption. In particular, clear clarification will be required on which actions with pornographic materials between adults will no longer be considered criminal offenses, as well as how such cases will be practically distinguished from crimes related to child pornography.

Moreover, the strengthening of liability and the emergence of new qualifying circumstances may lead to the formation of new judicial practice regarding the investigation and proof of such crimes.