Criminal Code, Production and Distribution of Child Pornography
Criminal Code, OG No. 37/1996, art. 193-a
In force.
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, transmit, offer, or otherwise make available child pornography, including a realistic image depicting a minor, or an adult who looks like a minor, in an explicit sexual position or engaged in an explicit sexual act, whether or not a real child was involved in producing it.
- Do not acquire or possess such material.
- Committing this offense through a computer system or another mass-communication medium raises the minimum prison term to eight years.
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
Private right of actionNo
Criminal exposure note
Production for distribution, transmission, offering or making available: imprisonment of at least five years (art. 193-a(1)); acquisition or possession: imprisonment of five to eight years (art. 193-a(2)); either offense committed through a computer system or another mass-communication medium: imprisonment of at least eight years (art. 193-a(3)); a legal person is punished with a fine (art. 193-a(4)).
What it makes you log
Logging duty
Article 193-a (read in full) and the Article 122(24) definition it uses create the child pornography offences; no clause names a log, record or audit trail, or requires demonstrating, proving or producing anything. The Code's general criminal-records register (Art. 106, казнена евиденција) is a different, general-part provision covering every conviction under the Code.
- Kind
- None
- As of
What this law does
Article 122(24) defines child pornography, for the whole Criminal Code, as pornographic material that visually depicts explicit sexual acts with a minor or with an adult who looks like a minor, or that depicts a minor or an adult who looks like a minor in an explicit sexual position, and separately reaches realistic images depicting the same acts or positions, whether or not an actual minor was involved in producing them.
Article 193-a(1) punishes producing child pornography for the purpose of distributing it, or transmitting, offering or otherwise making it available, with imprisonment of at least five years; paragraph (2) punishes acquiring or possessing it with imprisonment of five to eight years; paragraph (3) raises the minimum to eight years where the offense is committed through a computer system or another mass-communication medium; paragraph (4) extends liability to a legal person, punishable by a fine.
Because the definition's realistic-image branch does not require a real child to have been depicted, an image an AI system generates that realistically depicts a minor, or a person who looks like a minor, in an explicit sexual act or position falls within it on the same terms as a photograph. No commencement notice for this article has been located in the Official Gazette.
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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