Criminal Code Section 192, Child Pornography Including a Depiction of a Person Who Appears to Be a Child
Zakon c. 40/2009 Sb., trestni zakonik, Sec. 192
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not produce, possess, distribute, or make available pornographic material depicting a child or a person who appears to be a child, including an entirely AI-generated or synthetic depiction with no real child victim.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Trestni zakonik Sec. 192(1): up to two years' imprisonment for possessing a pornographic work depicting a child or a person who appears to be a child. Sec. 192(2): the same penalty for gaining access to child pornography through information or communication technology. Sec. 192(3): six months to three years for producing, importing, exporting, transporting, offering, making publicly accessible, mediating, putting into circulation, selling or otherwise supplying such a work, or profiting from it. Sec. 192(4): two to six years' imprisonment or forfeiture of property where the Sec. 192(3) act is committed by an organized group, through the press, film, radio, television, a publicly accessible computer network or a similarly effective means, or to obtain a significant benefit. Sec. 192(5): three to eight years where committed by a group operating across multiple states or to obtain a large-scale benefit.
Who enforces it
Settledness
- As of
- Open questions
- Does 'osobu, jež se jeví být dítětem' in section 192(1) reach a wholly invented person created by an AI system, where no real person was depicted?
- Does 'jeví být dítětem' (appears to be a child) turn on the impression of an average viewer or on the apparent age the work itself conveys, for a stylized character such as an anime figure?
What it makes you log
Logging duty
Section 192 criminalizes possessing, and separately producing, importing, exporting, transporting, offering, making publicly accessible, mediating, putting into circulation, selling or otherwise supplying, or profiting from, a pornographic depiction of a child or a person who appears to be a child. The section states no duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Whoever possesses a photographic, film, computer, electronic or other pornographic work depicting or otherwise using a child or a person who appears to be a child faces up to two years' imprisonment, and the same penalty applies to gaining access to child pornography through information or communication technology; the offence's own text extends to a person who merely appears to be a child, so an entirely AI-generated or synthetic depiction with no real child victim is reached the same way as an authentic image.
Producing, importing, exporting, transporting, offering, making publicly accessible, mediating, putting into circulation, selling, or otherwise supplying such a work, or profiting from it, carries six months to three years. That rises to two to six years or forfeiture of property where committed by an organized group, through the press, film, radio, television, a publicly accessible computer network or a similarly effective means, or to obtain a significant benefit.
It rises further to three to eight years where committed by a group operating across multiple states or to obtain a large-scale benefit.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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