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Law / Saint Kitts and Nevis

Electronic Crimes Act, child pornography, including computer-generated depictions

Electronic Crimes Act (Cap. 4.41; Act 27 of 2009), s. 12 (Child pornography)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://lawcommission.gov.kn/wp-content/documents/Act17TOC/Ch-04_41-Electronic-Crimes-Act.pdf

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  • Do not publish, produce for publication, or possess for publication any visual depiction, including a computer-generated or realistic image, of a minor or a person who appears to be a minor engaged in sexually explicit conduct.

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

Publishing or producing-for-publication child pornography, including a computer-generated depiction meeting the statutory definition, carries on conviction on indictment a fine of up to XCD 50,000 or five years' imprisonment for an individual, or a fine of up to XCD 250,000 for a corporation.

Penalty structure

For an individual: a fine not exceeding XCD 50,000 or imprisonment not exceeding 5 years, or both, on conviction on indictment. For a corporation: a fine not exceeding XCD 250,000 (the figure recorded here) on conviction on indictment. No fine ceiling distinct from these two is stated for a subsequent conviction.

Rule
Fixed only
As of
Currency
XCD
Fixed cap
250,000

What it makes you log

Logging duty

Section 12 punishes publishing, producing for publication, and possessing for publication child pornography, including a computer-generated or realistic depiction, through a computer system, and 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 12 makes it an offence for a person to knowingly publish child pornography through a computer system, produce it for the purpose of publication through a computer system, or possess it in a computer system or on a data storage medium for the purpose of publication, punishable on conviction on indictment by a fine of up to fifty thousand dollars or five years' imprisonment for an individual, or a fine of up to two hundred and fifty thousand dollars for a corporation.

Section 12(3) defines child pornography to include material that visually depicts a minor engaged in sexually explicit conduct, a person who appears to be a minor engaged in sexually explicit conduct, or a realistic image representing a minor engaged in sexually explicit conduct, a definition that does not require the depicted subject to be a real, identifiable child, so a wholly computer-generated or AI-synthesised depiction meeting it can fall within the ban.

A defence applies to publishing and possession, but not to production, where the material was for a bona fide scientific, research, medical or law enforcement purpose.

A note in the Revised Laws text records that the current section 12 was formerly section 13, the original section 12 having been repealed and sections 13 and 14 renumbered by Act 26 of 2012; whether the child-pornography definition's own wording changed at that renumbering, or was carried forward unchanged from the Act's original 2009 text, is not established in the available sources.

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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