Changes from plenary report to adopted text

Article 2 – paragraph 1 – point 3 – point d: (d) any realistic images, pseudophotographs, reproductions or representations of a child engaged in sexually explicit conduct or of the intimate parts of a child, for primarily sexual purposes, regardless of the method of creation or manipulation, including by using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

Article 2 – paragraph 1 – point 3 – point e: (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit any of the offences referred to in Articles 3 to 8b, including any instruction for artificial intelligence systems;

Article 2 – paragraph 1 – point 4: (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration, gain, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;

Article 2 – paragraph 1 – point 5 – introductory part: (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:

Article 2 – paragraph 1 – point 5 – point a: (a) a child engaged in real or simulated sexually explicit acts or conduct; or

Article 2 – paragraph 1 – point 5 – point b: (b) the intimate parts of a child for primarily sexual purposes;

Article 2 – paragraph 1 – point 8: (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity.

Article 3 – title: Offences concerning child sexual abuse

Article 3 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable.

Article 3 – paragraph 2: 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent to witness sexual activities, including by exposing that child to pornographic content, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

Article 3 – paragraph 3: 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent, to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

Article 3 – paragraph 4: 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 10 years. / The types of conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 10 years where the child is above the age of sexual consent and does not consent.

Article 3 – paragraph 5 – point a: (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 12 years; or

Article 3 – paragraph 5 – point b: (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental, intellectual, sensory or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years; or

Article 3 – paragraph 5 – point c: (c) use is made of coercion, force, physical or psychological violence, blackmail or other threats shall be punishable by a maximum term of imprisonment of at least 14 years;

Article 3 – paragraph 6: 6. Coercing, forcing or threatening a child into sexual activities with a third party or with themselves shall be punishable by a maximum term of imprisonment of at least 14 years.

Article 3 – paragraph 7 – introductory part: 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 16 years:

Article 3 – paragraph 7 – point b a (new): (b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

Article 3 – paragraph 8: 8. The types of conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 16 years where the child is above the age of sexual consent and does not consent.

Article 3 – paragraph 9 – introductory part: 9. For the purpose of paragraphs 2, 3, 4 and 8, Member States shall ensure that:

Article 3 – paragraph 9 – point a: (a) a non-consensual act is understood as an act which is performed without the child’s consent, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury;

Article 3 – paragraph 9 – point c: (c) the absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past or present sexual conduct or by any past or present relationship with an offender.

Article 4 – title: Offences concerning child sexual exploitation

Article 4 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7a is punishable.

Article 4 – paragraph 2: 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 6 years.

Article 4 – paragraph 3: 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 9 years.

Article 4 – paragraph 4: 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 3 years.

Article 4 – paragraph 5: 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 12 years.

Article 4 – paragraph 6: 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 14 years.

Article 4 – paragraph 7: 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 12 years.

Article 4 – paragraph 7 a (new): 7 a. Coercing or forcing a child to share material representing that child’s intimate parts without that child’s consent in order to obtain money, child sexual abuse material or any other benefit shall be punishable by a maximum term of imprisonment of at least 8 years.

Article 5 – paragraph 2: 2. Acquisition or possession of child sexual abuse material, including the possession of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 2 years. / Acquisition or possession of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

Article 5 – paragraph 3: 3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

Article 5 – paragraph 4: 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years. / Distribution, dissemination or transmission of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

Article 5 – paragraph 5: 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years.

Article 5 – paragraph 6: 6. Production of child sexual abuse material, including the production of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 8 years. / Creation or adaptation of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation shall be punishable by a maximum term of imprisonment of at least 3 years.

Article 5 – paragraph 7 – subparagraph 1: For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of an organisation such as a hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.

Article 5 – paragraph 7 – subparagraph 2: These conditions shall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.

Article 5 – paragraph 8 – introductory part: 8. Member States shall provide a legal framework for the organisations acting acting in the public interest against child sexual abuse referred to in paragraph 7 and ensure that the authorisations received by such organisations from the competent authorities of a Member State, allow all of the following activities:

Article 5 – paragraph 8 – point a: a. receiving and analysing reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

Article 5 – paragraph 8 – point b: b. promptly notifying the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

Article 5 – paragraph 8 – point c: c. collaborating with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

Article 5 – paragraph 8 – point d: d. carrying out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

Article 5 – paragraph 8 – point d a (new): d a. cooperating directly with providers of information society services established in the Member State in which the organisations acting in the public interest against child sexual abuse are established, in notice and action mechanisms, including removal or disabling of access to content and in notifications of suspicions of criminal offences under Regulation (EU) 2022/2065 of the European Parliament and of the Council, with authorisation from the competent national law enforcement authority.

Article 6 – paragraph 1 – point a: (a) proposing, including by means of information and communication technology, to meet a child either online or in person, for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7), Article 4 and Article 5(6), where that proposal was followed by material acts that could lead to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year; / .

Article 6 – paragraph 2 – subparagraph 1: Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 1 year.

Article 6 – paragraph 2 – subparagraph 2: The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.

Article 6 – paragraph 3 – subparagraph 1: Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and sexual exploitation is punishable by a maximum term of imprisonment of at least 3 years.

Article 6 – paragraph 3 – subparagraph 2: The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 6 years where use is made of coercion, force or threats.

Article 7 – title: Solicitation to commit sexual abuse or exploitation, including live streaming

Article 7 – paragraph 1: Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6), including live streaming, is punishable by a maximum term of imprisonment of at least 5 years.

Article 8 – paragraph 1: Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.

Article 8 a (new): Article8a / Travelling for the purpose of sexual abuse and sexual exploitation of children / Member States shall take the necessary measures to ensure that travelling to a country other than that Member States for the purpose of committing, or contributing to the commission of, any of the offences referred to in Article 3 to 8b is punishable as a criminal act when committed intentionally.

Article 8 b (new): Article8b / Other offences related to sexual abuse and sexual exploitation of children / Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8a; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; and (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8a.

Article 9 – paragraph 1: 1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8b is punishable.

Article 9 – paragraph 2: 2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8b is punishable.

Article 10 – paragraph 1: 1. Member States shall ensure that, in the context of Article 3(2), (4) and (7), an exemption from criminalisation is provided for consensual sexual activities between peers, provided that there is no abuse of trust or dependency between the peers.

Article 10 – paragraph 2: 2. Member States shall ensure that, in the context of Article 4(4) an exemption from criminalisation is provided for performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers, in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Article 10 – paragraph 3 – subparagraph 1 – introductory part: Member States shall ensure that, in the context of Article 5(2), (3), (4) and (6), an exemption from criminalisation is provided for the production, acquisition or possession of, or access to, material which exclusively involves: