DEFINITIONS:

Child – age below 18; or over but unable to fully take care of himself from abuse
due to physical or mental disability or condition
 Shall include:
o A person regardless of age who is presented, depicted or portrayed
as a child
o Computer-generated, digitally or manually crafted images or
graphics of a person who is represented or who is made to appear to
be a child

Child pornography – any representation whether visual, audio or written

combination by electronic, mechanical, digital of a child engaged or involved in
real or simulated explicit sexual activities

Sexual intercourse: actual or simulated –

1. Sexual intercourse or lascivious act including but not limited to, contact
involving genital to genital, anal to genital or oral to anal, whether between
persons of the same or opposite sex;
2. Bestiality;
3. Masturbation;
4. Sadistic or masochistic abuse
5. Lascivious exhibition of the genitals, buttocks, breasts, public area and/or
anus; or
6. Use of any object or instrument for lascivious acts

Grooming – act of preparing a child or someone who the offender believes to be

a child for a sexual activity or sexual relationship

Luring – act of communicating, by means of a computer system, with a child for

the purpose of facilitating the commission of a sexual activity

Pandering – act of offering, advertising, promoting, representing or distributing

through any material which contains any form of Child Pornography

ELEMENTS OF THE CRIME (mala in se; good faith is not a defense):

1. That there must be representation of a child
2. That the child is engaged or involved in real or simulated explicit sexual
activities
 3. That the representation of the child may be visual, audio or written form
or combination thereof
4. That the representation of the child is by electronic, mechanical, digital,
optical, magnetic or any other means

First element: That there must be representation of a child

 Does not apply to adult pornography
 Trafficking children is qualified under RA 9208 (Trafficking in Persons Act)
 Child covers 18 above who cannot protect themselves from abuse due to
physical or mental condition
o Must be established through a medical finding from a qualified
physician
o Representation of an insane or blind adult engaged in explicit sexual
activities is child pornography
o Also covers hentai
 The Act’s express findings indicate that Congress was
concerned that limiting the child-pornography prohibition to
material that could be proven to feature actual children would
enable many child pornographers to evade conviction. The
emergence of new technology and the repeated transmission of
pictures files over the internet could make it nearly impossible
to prove a particular image was produced using real children
(United States v. Williams).

Second element: That the child is engaged or involved in real or simulated

explicit sexual activities
 “Simulated” sexual intercourse is not sexual intercourse that is merely
suggested, but rather sexual intercourse that is explicitly portrayed, even
though (through camera tricks or otherwise) it may not actually occurred
(United States v. Williams)
 Explicit Sexual intercourse:
1. Sexual intercourse or lascivious act including but not limited to,
contact involving genital to genital, anal to genital or oral to anal,
whether between persons of the same or opposite sex;
o The material must depict or describe a patently offensive sexual
conduct to be considered as obscene.
2. Bestiality;
o Sexual contact between a human being and an animal
3. Masturbation;
 4. Sadistic or masochistic abuse
o Sadism is a form of satisfaction, commonly sexual, derived from
inflicting harm on another
o Masochism is a form of perversion in which sexual pleasure is
heightened when one is beaten and maltreated at the hands of
the other party
5. Lascivious exhibition of the genitals, buttocks, breasts, public area
and/or anus; or
o Nudity itself is not inherently indecent or obscene. Mere nudity
in painting and sculpture is not obscenity as nude figures may
be considered as work of art.
6. Use of any object or instrument for lascivious acts
o Using sexual gadgets in engaging sexual activities with a child

Third element: That the representation of the child may be visual, audio or
written form or combination thereof

Fourth element: That the representation of the child is by electronic,

mechanical, digital, optical, magnetic or any other means
 A person, who hires, employs or uses a child to engage in live sexual
performance or showing in a theatre should be held liable for trafficking
in persons under RA 9208. It is submitted that child pornography under
RA No. 9775 is not committed for the following reasons:
o Under Senate Bill No. 2317, child pornography includes
representation or live performance or showing of a child engaged in
explicit sexual activity; however, this phrase “live sexual
performance or showing of a child” was deleted
o Under the doctrine of ejusdem generis

UNLAWFUL OR PROHIBITED ACTS:

1. To hire, employ, use, persuade, induce or coerce a child to perform in Child
Pornography
2. To produce, direct, manufacture or create any form of Child Pornography
3. To publish, offer, sell, distribute any form of Child Pornography
4. To possess any form of Child Pornography with the intent to sell,
distribute, publish, or broadcast
5. To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts
 6. For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form of
Child Pornography
7. For a parent, legal guardian or person having custody or control of a child
to knowingly permit the child to engage, participate or assist in any form
of Child Pornography
8. To engage in the luring or grooming of a child
9. To engage in pandering
10. To willfully access any form of Child Pornography
11. To conspire to commit any of the prohibited acts stated in this
section
12. To possess any form of Child Pornography

SYNDICATED CHILD PORNOGRAPHY

 Committed by a syndicate if carried out by a group of 3 or more persons

WHO MAY FILE:

1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within the 3rd degree of consanguinity
4. Officer, social worker
5. DSWD
6. Local social welfare development officer
7. Barangay chairman
8. Law enforcement officer
9. At least 3 concerned responsible citizen residing in the place where the
violation occurred
10. Any person who has personal knowledge of the circumstances

RESPONSIBILITY OF MALL OWNERS

 Notify PNP or the NBI within 7 days from obtaining facts and
circumstances that Child Pornography is being committed
 Public display is conclusive presumption of knowledge of mall owner