CHILD PORNOGRAPHY (PREVENTION) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Using or involving a child in the production of child pornography

   4   Producing, distributing, etc child pornography

   5   Possessing or accessing child pornography

   6   Offences by bodies corporate

   7   Offences where profit is derived

   8   Entry, search and seizure

   9   Forfeiture

   10   Defence for persons concerned in the enforcement of this Act

   11   Protection of victims

   12   Regulations

   13   Power to amend penalties

   14   Amendments to other Acts

 

THE CHILD PORNOGRAPHY (PREVENTION) ACT

[Date of Commencement: 21st October, 2009]

Act 13 of 2009.

1   Short title

   This Act may be cited as the Child Pornography (Prevention) Act.

2   Interpretation

   (1) In this Act-

   "child" means a male or female person under the age of eighteen years;

   "child pornography" means-

   (a)   any visual representation that-

         (i)   shows a person who is, or is depicted as being, a child and is engaged in, or is depicted as being engaged in, sexual activity;

         (ii)   depicts, for a sexual purpose, the genitals, breast, pubic area or anal region of a child; or

         (iii)   depicts a child being subjected to torture, cruelty or physical abuse in a sexual context;

   (b)   any audio recording or written material that has as its dominant characteristic the description, presentation, or representation, for a sexual purpose, of sexual activity with a child; or

   (c)   any visual representation, audio recording, or written material, that advocates or counsels sexual activity with a child;

   "sexual activity" means actual or simulated-

   (a)   sexual intercourse;

   (b)   activity other than sexual intercourse, whether involving persons of the same or opposite sex-

         (i)   involving the penetration of the anus, vagina or mouth with any part of a person's body, or the anus or vagina with anything else; and

         (ii)   which a reasonable person would consider sexual;

   (c)   touching of a sexual organ, or the anal region, of a person with any part of the body, or with or through anything else, in a manner which a reasonable person would consider sexual;

   (d)   bestiality;

   (e)   masturbation; or

   (f)   sadistic or masochistic abuse;

   "visual representation" includes-

   (a)   any image, whether made or produced by electronic, mechanical or any other means;

   (b)   undeveloped film;

   (c)   videotape; and

   (d)   data stored in electronic form capable of conversion into a visual image.

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   (2) For the avoidance of doubt, in paragraph (a) of the definition of "child pornography" in subsection (1), the reference to a person shall be construed as including a reference to an image resembling a person, which has been generated or modified electronically or otherwise, and any evidence that some of the principal characteristics shown may be those of an adult shall be disregarded, if the predominant impression conveyed is that the image shown is that of a child.

3   Using or involving a child in the production of child pornography

   (1) A person who knowingly causes or incites the involvement of a child in the production of child pornography, in Jamaica or elsewhere, commits an offence.

   (2) A person who, having the custody, charge or care of a child, allows the child to be used in the production of child pornography, in Jamaica or elsewhere, commits an offence.

   (3) A person who commits an offence under this section is liable, on conviction on indictment before a Circuit Court, to a fine or to imprisonment for a term not exceeding fifteen years, or to both such fine and imprisonment.

4   Producing, distributing, etc child pornography

   (1) A person commits an offence who knowingly-

   (a)   produces child pornography;

   (b)   distributes, imports or exports child pornography;

   (c)   distributes any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, imports, or exports, any child pornography; or

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