Image: APA/FLORIAN WIESER
The photos and videos should show both minors (14 to 17 years of age) and minors (persons under the age of 14). If found guilty, the 43-year-old faces up to two years in prison.
The Teichtmeister case triggered a major discussion on the subject of child pornography this year, and the federal government has announced that it will tighten the penalties. The term “child pornography” was also criticized because it was trivializing because it was about child sexual abuse. In most cases, it is about abuse pornography, says Linz criminal law expert JKU Professor Alois Birklbauer. But from a professional point of view, one has to differentiate: because even “realistic” representations, such as video animations (“avatars”) would fulfill the elements of paragraph 207a of the Criminal Code and lead to criminal liability. The crime itself does not require abuse of children and young people – unlike “hands-on crimes”, which involve acts of sexual abuse and for which much stricter penalties apply anyway. “It’s a completely different league,” says Birklbauer. The scope of § 207a also includes, for example, videos that young couples have made by mutual agreement and which are then, for whatever reason, distributed, says the expert. Birklbauer points out that the increase in the range of penalties could also affect these cases.
In any case, increasing the range of penalties would make it legally easier for the police to confiscate computers and mobile phones.
Source: Nachrichten
