In 2002 the European Council of Ministers adopted a framework agreement ensuring minimum standards in EU countries regarding child pornography.
Again in 2008, EU legislation has resulted in a tightening of the relevant Danish legislation.
Facts from the Danish legislation on child abuse images:
- It is illegal to actively try to access child abusive material online
- Child sexual abuse material is defined as images or films showing children involved in sexual acts, or involved in sexual posing with a focus on the child’s genitalia. , the law does not cover material depicting children who have been instructed to pose in front of a camera (child erotica).
- The age when a person is covered by the legislation is 18 years; sexual material depicting children over the age of 15 is legal only when the child has given consent to publishing it.
- Fictional material that has the appearance of photographs is not illegal in Denmark;
- The maximum prison sentence for accessing child abusive material is one year, and the maximum sentence for dissemination of abuse images of children is six years.
Danish criminal law
The wording of the clause on abuse images of children currently held in Danish criminal law, §235:
He, who disseminates obscene photographs, films or other obscene images and suchlike of persons under the age of 18, will be liable to a fine or be imprisoned up to two years or – under aggravating circumstances – be imprisoned up to six years. Aggravating circumstances are especially instances where the child’s life has been put at risk, severe violence has been used, serious harm has been done to the child or dissemination has been carried out in a systematic or organised fashion.
Art 2: He, who is in possession of, or, by paying money, or via the internet, obtains access to obscene photographs or films, other obscene images and suchlike of persons under the age of 18, will be liable to a fine or will be imprisoned up to a year.
Art. 3: Article 2 does not include possession of obscene images of a person who has reached the age of 15 if that person has permitted the other person to possess the material.