Are pictures of child nudists legal?

Germany wants to ban legal nude photos of children so far

The former German Bundestag member Sebastian Edathy had, as it became known in February, ordered nude pictures of children. Because the recordings did not show any sexual acts or pornographic motifs, Edathy had not broken the law.

"What I did was legal," he said himself. Only an "unnaturally gendered posture" has been forbidden so far. A draft law that has now been submitted is intended to tighten the legal situation so that non-pornographic photos of minors will also become illegal in Germany.

More than just incident legislation

However, the draft by Justice Minister Heiko Maas (SPD) goes beyond the legislation following the Edathy case. Not only the depiction of naked children and adolescents, but also the "unauthorized exposing image of an unclothed other person" - including adults - should, according to Maas' wishes, be punished more severely, subject to longer limitation periods and even be prosecuted abroad.

The law would also prohibit compromising pictures of drunk adults, for example when they have exposed themselves. The photographer risks imprisonment of up to one year for taking the picture and up to three years in prison for publication. "Spiegel Online" quotes a ministry spokesman as saying that it is irrelevant whether the transfer is made for a fee.

The legal policy spokesman for the SPD, Burkhard Lischka, admits that this draft goes "very, very far". You have to "look exactly where the line should be drawn". The goal is not to punish everyone who "pulls out the iPhone" at a party, "Zeit Online" quotes him.

Stricter regulation in Austria

In Austria, according to Section 207a of the Criminal Code, "pornographic depiction of a minor" is already considered to be the case when "realistic images of the genitals or pubic area of ​​minors" are shown, "insofar as they are sensationally distorted, reduced to themselves and detached from other expressions of life Is images that serve the sexual arousal of the viewer ".

If sexual acts are shown or only this "impression is given", Paragraph 207a applies anyway. The penalty range is up to ten years in prison, depending on the circumstances. Not to be punished is anyone who creates images of an adult minor - i.e. a young person between the ages of 15 and 18 - with their consent for their own use. According to the Ministry of Justice, the working group on criminal law reform is currently dealing with this issue. In principle, Justice Minister Wolfgang Brandstetter is open to changes, reported the Ö1 "Morgenjournal" on Wednesday. (red, derStandard.at, April 16, 2014)