In recent years, an increasing number of minor distributors of child pornography are being identified online. Who are the victims and who are the offenders in such complex cases? Police authorities are confronted with the following problem: children and young people are themselves becoming distributors of nude photographs or pornographic videos via the internet.
Example
A successful acquittal judgment obtained by our firm in a child pornography case before the Athens Mixed Jury Court: Acquittal Judgment – Child Pornography – Mixed Jury Court
Explanatory video describing the most common cybercrime offences
Research by the Bavarian police has reached worrying conclusions. “Last year, the figures exceeded all limits,” according to the head of the criminal investigations team, Johannes Luff. “The figures change from year to year. There are ages even below ten years old,” while the number of unrecorded incidents may be even higher.
The “findings” usually emerge by chance — for example, when, in the course of drug-related investigations involving minor offenders, police officers may discover child pornography material on their mobile phones.
“This trend has been recorded for some years now,” notes the criminologist and cybercrime expert Thomas Gabriel Rüdiger of the Brandenburg Police Academy. “A key element we now know about the field of cybercrime is that minors may be not only victims but also perpetrators.”
In Germany alone, the number of suspects under 21 in offences related to child pornography has increased by 125%. In 2019, their number reached 7,584, while in 2018 the recorded suspects were 3,316.
Increased risks for children online
Even today, in-depth conversations rarely take place with children about what they may and may not do online. “So far, the trend has been to tell children: be careful not to become victims online. It is harder to tell them: be careful not to become perpetrators too!“
According to experts, one reason explaining the increased number of minor offenders relates to the spread of smartphone use from an early age. Pupils often post and share nude photographs via WhatsApp or take selfies displaying their genitals. As Rüdiger observes, until now criminal law has had no clear answers as to what content may circulate on social media. “Twenty years ago, for example, it would not have been accepted that someone might unintentionally possess child pornography material,” the German criminologist notes.
Today matters are more complex and, as he points out, if for example a minor sends a video or pornographic photograph to a chat of classmates, automatically all those participating in it may become co-perpetrators. There do, however, continue to exist “classic” categories of offenders, such as a 17-year-old who threatened an 11-year-old girl with the publication of nude photographs of her. Last year the German Federal Police, after investigations on the computers of 21 suspects of online distribution of child pornography material, identified among them a 14-year-old.
Parental responsibility
The police call upon parents to take the matter very seriously and to point out to their children that they may not share, even with their friends, nude photographs or photographs of their genitals via the internet.
“The protection of personal data also includes the protection of personal files. Therefore, if a file is stored somewhere, it cannot also be made available online,” Rüdiger states. The German expert considers the only solution for avoiding such phenomena to be the development of skills in the proper handling of social media. There are serious gaps in this area. That is why the responsibility of parents, the school and politics is great.
Part of the article was published on Lifo.gr
- See also article Minor Defendants
- See also article Child Pornography
- See also article Reclassification of Child Pornography from Felony to Misdemeanor
- See also article Legal Practice and Child Pornography
- See also article Profile of a Child Pornography Distributor
FREQUENTLY ASKED QUESTIONS ON MINORS DISTRIBUTING CHILD PORNOGRAPHY
1. What sentence does a minor face for distributing pornographic material?
For minors over 15 years of age charged under Article 348A of the Penal Code (PK), the Penal Code provides for reformative or therapeutic measures and, in serious cases, criminal correction in a special juvenile detention facility. For minors under 15, only reformative measures are imposed, without a criminal sanction in the strict sense. As a rule, the treatment is markedly more lenient than that of adults, with emphasis on educational and therapeutic intervention. The specific treatment depends on age, circumstances, the existence of intent to distribute and the profile of the minor, and requires a specialised line of defence.
2. How does a minor who forwarded photographs in a group chat defend themselves?
The defence often focuses on the absence of intent (dolus), namely on the fact that the minor did not appreciate the criminal wrongfulness of the forwarding, or that they automatically received material in a group conversation without requesting it. Important factors are the non-storage of the material, immediate deletion, the absence of further dissemination and the absence of any financial or sexual motive. Psychosocial maturity is also assessed, since the Penal Code (PK) requires the capacity to understand the wrongfulness of the act. The lawyer gathers technical evidence from the device, statements from classmates and reports from the juvenile probation officer documenting the absence of any criminal disposition.
3. What applies when a minor girl sends her boyfriend a nude photograph of herself?
The phenomenon, known as sexting (sexting), is legally complex because it formally falls within the concept of producing or distributing pornographic material of a minor, even if it is a self-depiction. In practice, prosecutors and juvenile courts treat consensual incidents between peers with particular leniency, especially where there is no extortion, exploitation or further distribution. However, if the recipient forwards the photograph to third parties, his liability is fully engaged. In any event, immediate legal intervention is required, since the case may develop into an extensive investigation involving seizures of devices throughout the minors’ circle.
4. How long does the procedure before the juvenile court last?
From the seizure of the devices until referral to trial, a period of one to two years usually elapses, since laboratory analysis of the electronic media by the Cybercrime Prosecution Directorate is required. The trial then takes place before the Juvenile Court of the Court of First Instance, which delivers its judgment within a reasonable time. If a reformative measure is imposed, its implementation is monitored by a juvenile probation officer. The completion of all instances may take three to five years. In felony-grade forms, restrictive measures may also be ordered, which, however, are markedly more lenient than those for adults.
5. What are the chances of acquittal for a minor defendant?
The prospects of a favourable outcome are significantly higher than for adults, for two reasons. First, case-law recognises that participation in group conversations does not automatically constitute distribution with intent. Second, juvenile law emphasises reformative rather than punitive treatment. A recent case of our firm resulted in an acquittal judgment in a child pornography case, demonstrating that, with proper preparation of technical expert evidence and a psychosocial report, acquittal is realistic. The timely assembly of a defence file, before any pre-investigation statement, is critical.
6. What is the role of the lawyer and the parents from the very first moment?
From the moment the police contact the family or seize a device, the parents must not allow the minor to give a statement without a lawyer, even if they are pressured that “it is just a simple clarification”. The lawyer examines the manner of seizure, the lawfulness of the lifting of confidentiality and the chain of custody of the digital evidence. At the same time, the lawyer organises liaison with the juvenile probation officer, psychological assessment and enrolment in a psychosocial support programme — factors that weigh positively on the decision. The case is treated not only legally but also as a family crisis requiring coordinated intervention.