As a rule, producing or distributing images and videos showing adolescents in the context of sexual acts is punishable by law. The law also differentiates between children and adolescents when it comes to sexualised images. An exception is made for so-called "chastity tests": in this case the police investigators may, under very strict conditions, send artificially produced abuse images in order to gain access to illegal networks or forums. Producing, possessing, acquiring and distributing such images and videos is always punishable - regardless of whether the material is in printed or digital form. This also includes images of completely or partially unclothed children in unnatural and sexually-accentuated postures or those of children's genitals. ![]() What are abuse images and when is their possession and distribution punishable by law?Ībuse images show sexual acts involving or carried out in front of children. In order to justify the different stages of development, the law differentiates between youngsters under 16 and adolescents under 18 when setting the so-called age of consent. with regard to parents or teachers, or whether the adolescents really acted voluntarily and self-determinedly. However, in order to protect them effectively any criminal liability covering these acts will depend on whether a so-called custodial relationship exists between them and the other person, e.g. In the case of adolescents (minors older than 14 years), the legislator assumes that they can and should develop sexually and try things out. The background here is that children have not yet developed their sexual self-determination and this means that they are not capable of consenting to sexual acts. ![]() This also applies if the child supposedly consents to or even initiates a sexual act. Which acts are punishable as sexual abuse?Īny sexual act inflicted on a child is punishable as sexual abuse - regardless of whether they are carried out with or without physical contact.
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