Decriminalization of Pornography and Child Protection: What the Verkhovna Rada Really Passed

The adoption of draft law No. 15294 triggered a wave of manipulations in the media and social networks. While some talk about the "legalization of debauchery," the draft offers a long-awaited correction of a mistake: a transition from prosecuting adults for private content to a real fight against child exploitation and "porn revenge."

As reported by the "Judicial and Legal Newspaper", the Verkhovna Rada of Ukraine adopted in the first reading draft law No. 15294, which introduces important changes to the Criminal Code regarding the protection of public morality.

The draft aims to bring Ukrainian law into compliance with the standards of the Lanzarote Convention and Directive 2011/93/EU. The main focus of the document is a clear distinction between voluntary creation of content by adults and serious crimes: child pornography, coercion, and violence.

The first thing to understand: the draft law proposes decriminalization, not legalization of pornography.

What is the difference?

First of all, it is important to distinguish between decriminalization and legalization. The draft does not provide for the legalization of pornography or the creation of a separate market with licensing and special state regulation. Its goal is precisely the decriminalization of certain actions related to pornographic content if they occur with the voluntary participation of adults and are not related to its distribution among children or other socially dangerous acts.

Simply put - decriminalization just removes criminal penalties for importing, producing, and storing pornographic content if this is done with the consent of adults and without the intent to distribute it among children.

Why is this important?

The current version of Article 301 of the Criminal Code of Ukraine does not take into account modern digital realities and practically does not distinguish private exchange of intimate materials between adults from cases of production or distribution of pornographic content that pose a social danger. That is why the draft proposes to exclude from criminal liability actions that are not related to exploitation of people, violence, coercion, or involvement of minors.

Yes, Article 301 of the Criminal Code in its current version punishes the import, production, sale, and distribution of pornographic items. The draft proposes to rewrite the disposition and sanctions of this article.

The current version establishes penalties for importing pornographic items into Ukraine for sale or distribution, their production, storage, or transportation for the same purpose, as well as sale without the consent of the person depicted. The sanction provided is a fine from 1,000 to 4,000 non-taxable minimum incomes of citizens (NTMIC), or probation supervision up to 3 years, or restriction of liberty for the same term.

Now the focus shifts to sale or distribution of pornographic material to minors, or production/storage with the intent of such sale, as well as distribution without the consent of the person or coercion to participate in its creation.

The fine increases several times. Instead of 1,000–4,000 NTMIC, it is proposed to set from 5,000 to 10,000 NTMIC. Moreover, probation supervision, restriction, or imprisonment are set for a term up to 5 years.

The draft proposes a completely new structure for Article 301. Criminal liability remains and even strengthens for:

• Sale or distribution of pornography to minors (fine up to UAH 170,000 or imprisonment up to 5 years).
• Sale to very young children (imprisonment from 3 to 7 years).
• Production or distribution of content without the consent of the person depicted. This is an important provision that will finally protect victims from blackmail by former partners.
• Coercion to participate in the creation of pornography (3 to 8 years imprisonment).

Strengthening liability for child pornography

Claims that the law weakens control are refuted by the new sanctions in Articles 301-1 and 301-2. The draft proposes to increase imprisonment terms for production and sale of child pornography — up to 13 years (instead of 12). For participation of an organized group or crimes committed by parents or guardians — up to 15 years imprisonment. In addition, penalties are increased for conducting sexual shows involving children and for pimping minors.

How Article 301 of the Criminal Code of Ukraine works today: judicial practice

Without reform, Article 301 of the Criminal Code of Ukraine is often used to criminally prosecute persons who voluntarily create and distribute adult content. About 1,500 criminal proceedings for adult content are opened annually in Ukraine. The provision is often applied not only to organizers of illegal business but also to ordinary citizens exchanging intimate photos or videos by mutual consent.

The current legislation lacks a general definition of pornography and criteria distinguishing it from erotic products. This violates the principle of legal certainty, since restrictions on rights must be based on clear criteria.

However, the number of recorded offenses under Article 301 of the Criminal Code of Ukraine has almost doubled recently: from 903 cases in 2023 to 1,522 cases as of November 2025. Despite the large number of investigations, the number of persons against whom court decisions have become final remains insignificant.

The law enforcement algorithm today looks like this: a police officer posing as a client buys access to a private channel on Telegram or an OnlyFans account. A forensic art examination is appointed, which almost always recognizes the video as "pornographic."

All equipment is seized from the suspect: smartphones, routers, tripods, and even intimate toys. An adult who filmed content with their own consent receives a real or suspended sentence.

Case No. 583/3375/25

The accused registered on OnlyFans in July 2025, produced and distributed photo and video content.

The court took sincere remorse into account and imposed a fine of UAH 34,000 and special confiscation of her iPhone 14 Pro Max in favor of the state as an instrument of the crime.

Case No. 211/1442/25

A married couple created a Telegram channel with paid subscription. The court approved a plea agreement: each was sentenced to 3 years imprisonment (suspended). The router and mobile phones were confiscated, and gags and slates were destroyed.

Case No. 523/17924/25

A woman was fined 17,000 hryvnias for selling intimate photos on Telegram. The court approved a plea agreement and sentenced the person who sold her own intimate photos via the Telegram messenger.

According to the indictment, in May 2025 the accused took a series of intimate photos and posted them on Telegram. For UAH 300, she sold 11 photos to another user. The photos were stored on her mobile phone.

The court found the woman guilty under part 1 of Article 301 of the Criminal Code of Ukraine (production and sale of pornographic materials) and imposed the agreed punishment, namely a fine of 17,000 hryvnias, special confiscation of the mobile phone as an instrument of the crime, and recovery of procedural costs for the examination in the amount of UAH 3,565.60.

Case No. 211/14663/25

The court approved a plea agreement and imposed a suspended sentence on the accused for committing a criminal offense under part 2 of Article 301 of the Criminal Code of Ukraine.

According to the indictment, in November 2025 the woman, while at home, filmed pornographic videos on her mobile phone with her own participation and distributed them via the Telegram messenger for a fee.

The court imposed the agreed punishment: 5 years imprisonment, but under Article 75 of the Criminal Code of Ukraine — release from serving the sentence with a probation period of 1 year. The accused was assigned duties under Article 76 of the Criminal Code of Ukraine (periodically reporting to probation authorities, notifying about change of residence, etc.).

Procedural costs for the forensic examination in the amount of UAH 3,565.60 were also recovered.

These cases confirm that the law enforcement system spends enormous administrative resources prosecuting activities that essentially have no victim, as they occur with the voluntary consent of all participants.

International context and EU law

Ukraine is not inventing new rules. The regime of partial decriminalization (where only child pornography, violence, and distribution without consent are punished) operates in most EU countries, including Austria, Denmark, France, Germany, and Switzerland.

A reference regarding the compliance of the draft with Ukraine's commitments in the field of European integration, including international law and EU law, confirmed that draft No. 15294 does not contradict the Association Agreement and Ukraine's international obligations. On the contrary, it better implements the requirements of the UN Convention on the Rights of the Child, protecting children from sexual abuse.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.