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Law / Hungary

Büntető Törvénykönyv (Criminal Code), Section 204(8), Realistic Depiction of a Non-Existent Person as Child Pornography

2012. évi C. törvény (Btk.), 204. § (8) bekezdés, as recast by 2021. évi LXXIX. törvény 20. §

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 generate, acquire, offer, or make accessible a pornographic image that realistically depicts a non-existent person under eighteen; Btk. Section 204(8) extends the offense to a realistic depiction of a non-existent person, so a wholly synthetic or AI-generated image is not exempt.

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
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

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

Btk. Section 204(1) punishes acquiring or possessing such an image by imprisonment of one to five years, offering, transferring or making it accessible by two to eight years, and producing, marketing, trading in it or making it accessible to the public by five to ten years; Section 204(2) raises these to two to eight, five to ten, and five to fifteen years respectively where the victim is under twelve, the offender stands in a position of care, supervision or authority over the victim, or the image depicts torture or violence, among other aggravators; Section 204(3) raises the aggravated tiers further, to five to ten, five to fifteen, and five to twenty years, where the victim is under twelve and the image depicts torture or violence.

Who enforces it

Settledness

As of
Open questions
  • Does 'valósághű ábrázolás' (realistic depiction) of a non-existent person in Section 204(8) require photographic realism, or does a stylized, drawn or animated depiction of a non-existent person under eighteen also qualify?
  • By what test is it decided that a 'nem létező személy' (non-existent person) in a depiction is under eighteen, given that Section 204 applies to depictions of persons under eighteen: the apparent age in the image, the prompt, or the creator's intent?

What it makes you log

Logging duty

Section 204(8) is a definitional clause: for the purposes of Section 204's child pornography offense, a pornographic image includes the realistic depiction of a non-existent person or persons. It states no duty to create, keep or produce a log or record of anything.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 204 criminalizes acquiring, offering, producing, or distributing a pornographic image depicting a person under eighteen, with a definition, read verbatim, that reaches synthetic content without naming AI: paragraph (8) defines a pornographic image for this section to include the realistic depiction of a non-existent person or persons. A wholly AI-generated image with no real child behind it falls inside the offense on that text alone.

The current text of the 'Gyermekpornográfia' subtitle, Sections 204 and 204/A, was substituted whole by Section 20 of Act LXXIX of 2021. That Act's own Section 24(1) puts it into force on the 15th day after promulgation, outside the narrower exception in Section 24(2). The Act was promulgated on . The Nemzeti Jogszabálytár's text of the Criminal Code that carries Section 204(8) as set out by that Act is dated .

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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