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Directive 2011/93/EU of the European Parliament and of the… Article 5

Directive 2011/93/EU of the European Parliament and of the… Article 5

Offences concerning child pornography

Article 5

1.   Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable. 2.   Acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least 1 year. 3.   Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least 1 year. 4.   Distribution, dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least 2 years. 5.   Offering, supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least 2 years. 6.   Production of child pornography shall be punishable by a maximum term of imprisonment of at least 3 years. 7.   It shall be within the discretion of Member States to decide whether this Article applies to cases involving child pornography as referred to in Article 2(c)(iii), where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. 8.   It shall be within the discretion of Member States to decide whether paragraphs 2 and 6 of this Article apply to cases where it is established that pornographic material as referred to in Article 2(c)(iv) is produced and possessed by the producer solely for his or her private use in so far as no pornographic material as referred to in Article 2(c)(i), (ii) or (iii) has been used for the purpose of its production and provided that the act involves no risk of dissemination of the material.

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Other provisions in Directive 2011/93/EU of the European Parliament and of the…

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 5 of Directive 2011/93/EU of the European Parliament and of the… (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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