CHILD PORNOGRAPHY

Child pornography is pornography that exploits children for sexual stimulation. It may be produced with the direct exploitation of a child or it may be simulated child pornography. This in itself is a form of sexual exploitation, especially any visual depiction of sexually explicit conduct. Child pornography is a serious crime and the Cyber crimes prevention and prohibition act outlines categories of acts that qualify as child pornography and it's attendant consequences.

Sec 23. (1) of the CYBER CRIMES (PREVENTION AND PROHIBITION) ACT 2015, states as follows;

Any person who intentionally uses any computer system or network in or for-

(a) producing child pornography;

(b) offering or making available child pornography;

(c) distributing or transmitting child pornography;

(d) procuring child pornography for oneself or for another person;

(e) possessing child pornography in a computer system or on a computer-data

storage medium:

commits an offence under this Act and shall be liable on conviction –

(i) in the case of paragraphs (a), (b) and (c) to imprisonment for a term of 10 years or

a fine of not more than N20,000,000.00 or to both fine and imprisonment; and

(ii) in the case of paragraphs(d) and (e) of this subsection, to imprisonment for a term

of not more than 5 years or a fine of not more than N10,000,000.00 or to both such

fine and imprisonment.

(2) Any person who knowingly makes or sends other pornographic images to another

computer by way of unsolicited distribution shall be guilty of an offence and upon

conviction shall be sentenced to One year imprisonment or a fine of Two Hundred

and Fifty Thousand Naira or both.

(3) Any person who, intentionally proposes, grooms or solicits, through any computer

system or network, to meet a child for the purpose of:

(a) engaging in sexual activities with the child;

(b) engaging in sexual activities with the child where –

(i) use is made of coercion, inducement, force or threats;

(ii) abuse is made of a recognized position of trust, authority or influence over the

child, including within the family; or

 (iii) abuse is made of a particularly vulnerable situation of the child, mental or

physical disability or a situation of dependence;

(c) recruiting, inducing, coercing, exposing, or causing a child to participate in

pornographic performances or profiting from or otherwise exploiting a child for such

purposes;

commits an offence under this Act and shall be liable on conviction-

(i) in the case of paragraphs (a) to imprisonment for a term of not more than 10

years and a fine of not more than N15,000,000.00; and

(ii) in the case of paragraphs(b) and(c) of this subsection, to imprisonment for a term

of not more than 15 years and a fine of not more than N25,000,000.

(4) For the purpose of subsection (1) above, the term “child pornography” shall

include pornographic material that visually depicts-

(a) a minor engaged in sexually explicit conduct;

(b) a person appearing to be a minor engaged in sexually explicit conduct; and

(c) realistic images representing a minor engaged in sexually explicit conduct.

(5) For the purpose of this section, the term “child” or “minor” means a person below 18 years of age

N.B Adults should by all means stay away from soliciting for images and videos that depicts the sexual exploitation of a child. If you have questions direct them to lawgeeklegal@gmail.com or 07089332053.