SlovakiaTrestný zákon, Child Pornography Including Simulated Depictions
Act 300/2005 Coll. (Trestny zakon), ss. 132(4), 368-370
In force since .
An AI prohibited practices rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not use, obtain, offer, or otherwise exploit a child for the production of child pornography or a child-pornographic performance, or otherwise take part in such production (Section 368).
- Do not reproduce, transport, procure, make accessible, or otherwise distribute child pornography, including a depiction of a simulated sexual act with a child or of a person appearing to be a child (Sections 132(4) and 369).
- Do not possess child pornography or act with intent to access it through an electronic communication service.
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.
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
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 368 (production): imprisonment of four to ten years for the base offence, seven to twelve years where committed against a child under twelve, in a more serious manner, publicly, jointly by at least two persons, or with immediate danger to the child's life, ten to fifteen years where it causes serious bodily harm or death or yields substantial gain, and twelve to twenty years for the most serious aggravated forms. Section 369 (distribution): imprisonment of one to five years for the base offence, three to eight years where committed in a more serious manner or publicly, four to ten years where it yields substantial gain, and seven to twelve years where it yields gain on a large scale. Section 370 (possession): imprisonment of up to two years. None of sections 368 to 370 attaches a monetary fine.
Who enforces it
Settledness
- As of
- Open questions
- Does 'osoba vyzerajúca ako dieťa' in section 132(4) reach a wholly computer-generated figure that depicts no real person, or only a real adult who looks like a child?
- Does 'zobrazenie skutočnej alebo predstieranej súlože' in section 132(4) cover a drawn or computer-generated depiction, given that the definition speaks of a 'dieťa alebo osoba vyzerajúca ako dieťa'?
What it makes you log
Logging duty
Section 132(4) defines child pornography, for purposes of the Trestny zakon, to include a simulated depiction or a depiction of a person appearing to be a child; Sections 368 through 370 punish producing, distributing and possessing such material. None of these sections states a duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Section 132(4) defines child pornography, for the purposes of the Trestny zakon, as a depiction of real or simulated sexual intercourse, another form of sexual contact, or similar sexual activity with a child or a person appearing to be a child, or a depiction of the exposed body parts of a child or a person appearing to be a child for sexual purposes.
Because that definition reaches a simulated act and a person merely appearing to be a child, it is not limited to a depiction of an actual sexual act with a real child; the Code does not say in terms whether a wholly computer-generated image is covered.
Section 368 punishes using, obtaining, offering or otherwise exploiting a child for the production of child pornography or a child-pornographic performance, or otherwise taking part in such production, with imprisonment of four to ten years, rising to seven to twelve years, ten to fifteen years, or twelve to twenty years for aggravated forms.
Section 369 punishes reproducing, transporting, procuring, making accessible, or otherwise distributing child pornography with imprisonment of one to five years, rising to three to eight years, four to ten years, or seven to twelve years for aggravated forms. Section 370 punishes possessing child pornography, or acting with intent to access it through an electronic communication service, with imprisonment of up to two years.
When LexLint raises it
When your app profile says your app generates content with AI or publishes adult content.
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