Criminal Code Art. 309(2), Dealing in Child Sexual Abuse Material Including Simulated Depictions
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not produce, acquire, possess, exhibit, advertise, offer, or distribute pornographic material depicting a child, or a person presented as a child, including material generated or manipulated by an application (Criminal Code Art. 309).
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
Criminal Code Art. 309(2) punishes producing, acquiring, possessing, exhibiting, advertising, offering, or distributing child pornographic material, including material in which a person is presented as a child, with a fine, restriction of liberty, arrest, or imprisonment for up to four years; Art. 309(3) provides imprisonment for up to five years for producing or acquiring with intent to distribute, or distributing, a large quantity of material depicting a child under 14. A legal entity is also liable under Art. 309(5).
Who enforces it
Settledness
- As of
- Open questions
- Does 'asmuo pateikiamas kaip vaikas' in Article 309(2) cover a wholly synthetic or AI-generated depiction in which no real child appears?
- Does 'suteikė prieigą' to pornographic material depicting a child, by means of information and communication technologies, reach a developer or operator who offers an image generator that can produce such material, or only the person who gives access to the material itself?
What it makes you log
Logging duty
Article 309(2) criminalizes producing or acquiring with intent to distribute, or distributing, pornographic material, reaching material depicting a child or a person presented as a child; Article 309(3) raises the penalty where a large quantity of such material is involved, and Article 309(5) extends liability to a legal entity. The article states no duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Criminal Code Art. 309(2) bans producing, acquiring, possessing, exhibiting, advertising, offering, or distributing pornographic material depicting a child, or a person presented as a child, or using information and communication technologies to acquire or provide access to such material, punishable by a fine, restriction of liberty, arrest, or imprisonment for up to four years.
The 'person presented as a child' wording reaches a simulated or artificially generated depiction and does not require the material to show a real child. Article 309(3) provides imprisonment of up to five years for producing or acquiring with intent to distribute, or distributing, a large quantity of material depicting a child under 14. A legal entity is also liable under Article 309(5).
This is a general criminal-law prohibition rather than an AI-specific statute, and it binds any person regardless of the tool used to produce the material.
When LexLint raises it
When your app profile says your app generates content with AI or publishes adult content.
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