Pseudo minor
Pseudo minors or pseudo youthfulness is a legal term from the field of youth pornography and describes actors who are of age according to age, but who can give the appearance of a minor in terms of their external appearance.
Germany
In German criminal law, the distribution, acquisition and possession of youth pornographic material are punishable under Section 184c of the Criminal Code. In the opinion of the former Federal Minister of Justice Brigitte Zypries, youth pornography in the sense of pseudo minors is already present if “from the point of view of an informed viewer it cannot be ruled out with certainty that the actors are young people”.
However, this view is contradicted by the Federal Constitutional Court , which in December 2008 rejected a constitutional complaint by a video store owner against the change in the law. In the opinion of the court, pseudo minors only fall under the provisions of § 184c "if and to the extent that persons appearing in pornographic films are clearly not yet of legal age, for example when they (almost) still seem child-like and the films are therefore close by advised against representations that fall under the criminal offense of § 184b StGB as (bogus) child pornography " .
Individual evidence
- ↑ Criminal Code will know the term "youth pornography" from tomorrow. heise online, accessed on March 27, 2009 .
- ^ Question to Brigitte Zypries (SPD), Federal Minister of Justice. (No longer available online.) Parliamentwatch.de, archived from the original on February 1, 2017 ; Retrieved March 27, 2009 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ § 184c: Distribution, acquisition and possession of youth pornographic writings. Federal Ministry of Justice, accessed on March 27, 2009 .
- ↑ BVerfG, 2 BvR 2369/08 of December 6, 2008. Federal Constitutional Court, accessed on March 27, 2009 .
