The Substantive Criminal Aspects of the Offence of Simulated Child Pornography under Polish Law

Abstract

The objective scope of the research problem concerns the content and sense of the elements characterising one of the types of child pornography, criminalised under Art. 202 4b of Polands Criminal Code, i.e. simulated child pornography. This offence is understood as producing, disseminating, presenting, storing and possessing pornographic material presenting a generated or processed image of a minor participating in sexual activity. The main goal of the article is the substantive criminal analysis of the act criminalised under Art. 202 4b of the Code. The scope of the analysis has been elaborated with the following question: To what degree is the legal solution concerned with criminalisation and penalisation of the activities of production, dissemination, presentation, storage or possession of pornographic material presenting a generated or processed image of a minor participating in sexual activity usable, and realises the ratio legis intended by the legislator? The issue has been analysed using what is primarily an institutional and legal approach, involving textual, functional and doctrinal interpretations that have been supplemented by the authors own conclusions and opinions.

Keywords

• pornography
• child pornography
• sexual offences
• information restriction
• cybercrime