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Law / Slovenia

Kazenski zakonik (KZ-1, Criminal Code), Art. 176(3), Pornographic Material Involving a Minor's Realistic Likeness

KZ-1, Art. 176(3)

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, acquire, distribute, sell, import, export, or otherwise offer pornographic or other sexual material that depicts a minor or realistically depicts what appears to be a minor, including material generated or accessed through information or communication technology, and do not possess such material or disclose the identity of a minor it depicts.

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
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
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

Imprisonment from six months to eight years (KZ-1 Art. 176(3), read with the same penalty stated in Art. 176(2)); imprisonment from one to eight years where the offense in paragraph 2 or 3 was committed within an organized group formed to carry out such offenses (Art. 176(4)); the material itself is to be seized or its use disabled (Art. 176(6)).

Who enforces it

Settledness

As of
Open questions
  • Does 'mladoletne osebe ali njihove realistične podobe' in Article 176(3) cover an image generated wholly by a model that depicts no real person, and what makes a likeness 'realistična'?
  • Does a provider whose model generates or stores such material on a user's request 'izdela' or 'poseduje' it within Article 176(3), or does liability stay with the user who asked for it?

What it makes you log

Logging duty

Article 176(3) punishes, to the same extent as paragraph 2, acquiring, producing, distributing, selling, importing, exporting or otherwise offering, or possessing or accessing, pornographic or other sexual material involving a minor or a minor's realistic likeness. 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

Article 176(3) punishes, to the same extent as paragraph 2, whoever for themself or another acquires, produces, distributes, sells, imports, exports, or otherwise offers pornographic or other sexual material that involves a minor or a minor's realistic likeness, or whoever possesses such material, gains access to it, or intentionally accesses it by means of information or communication technology, or discloses the identity of a minor depicted in it.

Because the provision reaches material involving a minor's realistic likeness (njihove realistične podobe) and not only material depicting an actual child, it extends to a synthetic, computer-generated, or otherwise artificial depiction that realistically portrays what appears to be a minor.

Paragraph 5 provides that the act in paragraph 3, insofar as it consists of acquiring, producing, possessing, or gaining access by means of information or communication technology to such material, is not unlawful where it is committed between minors of comparable age who agreed to it, matches their mental and physical maturity, and depicts those persons. Paragraph 5 was added, and the wording of paragraph 3 changed, by the 2021 amendment KZ-1I (Uradni list RS No. 186/21, Article 19).

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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