Legality of child pornography

Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal. Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.
Several organizations and treaties have set non-binding guidelines for countries to follow. While a country may be a signatory, they may or may not have chosen to implement these guidelines. The information given in this article is subject to change as laws are consistently updated around the world.

International stance

Organizations

International Centre for Missing & Exploited Children
This organization combats child sexual exploitation, child pornography, and child abduction. For child pornography they have set up "model legislation" which defines child pornography, and sets up recommended sanctions/sentencing. According to research performed in 2018; child pornography is illegal in 118 of the 196 Interpol member states. This figure represents countries that have sufficient legislation in establishing 4 or 5 of 5 criteria met as defined by the ICMEC.
ECPAT International
ECPAT focuses on halting the online sexual exploitation of children, the trafficking of children for sexual purposes and the sexual exploitation of children in the travel and tourism industry. This organization tracks countries that have implemented standards as defined by agreements such as the Budapest Convention on Cybercrime, and Lanzarote Convention through their human rights reports.

Treaties

At least two major treaties are in place with one "optional protocol" to combat child pornography worldwide. These are considered international obligations to pass specific laws against child pornography which should be "punishable by appropriate penalties that take into account their grave nature". The first of these treaties has to do with The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006. These required signatory or member states to criminalize all aspects of child pornography. The second involves the United Nations which established Article 34 of the United Nations Convention on the Rights of the Child. This stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials. An optional protocol was also added that requires signatories to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography. Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and 2001.

Debate

While laws criminalizing child sexual abuse now exist in all countries of the world, more diversity in law and public opinion exists on issues such as the exact minimum age of those depicted in pornography, whether the mere possession of child pornography should be a crime, or the extent to which criminal law should distinguish between the possession, acquisition, distribution and production of child pornography. Convictions involving child pornography typically include prison sentences in most countries, but those sentences are often converted to probation or fines for first-time offenders in cases of mere possession.
In 1999, in the case of R. v. Sharpe, British Columbia's highest court struck down a law against possessing child pornography as unconstitutional. That opinion, written by Justice Duncan Shaw, held, "There is no evidence that demonstrates a significant increase in the danger to children caused by pornography", and "A person who is prone to act on his fantasies will likely do so irrespective of the availability of pornography." The Opposition in the Canadian Parliament considered invoking the notwithstanding clause to override the court's ruling. However, it was not necessary because the Canadian Supreme Court overturned the decision with several findings including that viewing such material makes it more likely that the viewer will abuse, that the existence of such materials further hurts the victims as they know of its existence, and that the demand for such images encourages the abuse.
In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh. Judge Jack B. Weinstein of New York criticizes the mandatory sentence for possession of child pornography as often higher than the penalty for actually committing the act of child abuse it depicts. Furthermore, child pornography prosecutions have led to dozens of suicides, some of them among the innocently accused. The requirement that people convicted of possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series. But in 2010, the United States Court of Appeals for the Ninth Circuit ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.
During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. presidential candidate Mary Ruwart came under fire for her comment in her 1998 book, Short Answers to the Tough Questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices. Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children." Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.

Status by country

Old World

Europe

Country	Real	Fictional	Possession	Short summary
Albania				The production and distribution of child pornography is illegal in Albania, and is punishable by a prison sentence of three to 10 years. While the possession of "real" child pornography is illegal, there are no provisions for fictional forms.
Andorra				All forms of child pornography including ownership are illegal in Andorra. Prison sentences range from one to four years depending on the severity of the crime committed.
Armenia				Child pornography is illegal in Armenia and punishable by up to 7 years in prison.
Austria				Child pornography is illegal in Austria except for unrealistic depictions. Penalty will be 10 years in prison. Photorealistic forms are prohibited, and are treated as regular child pornography. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Belarus				Producing and distributing pornographic materials depicting a minor is illegal in Belarus, and punishable by up to 13 years in prison. The law does not criminalize simple possession or virtual forms of "child pornography".All forms of adult pornography are prohibited.
Belgium				Possession of, producing, and disseminating child pornography is illegal in Belgium. Penalty will be 15 years in prison. While fictional child pornography is legal, the law applies to pornographic art that realistically depicts underage characters. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Bosnia and Herzegovina				The Criminal Codes of FBiH, RS, and BD prohibit the production, possession, and distribution of child pornography. These laws also apply to a person who "looks like a child" in real or explicitly simulated evident sexual behaviour.
Bulgaria				Child pornography and possession is illegal in Bulgaria. Penalty will be 1 year in prison or a fine of up to 2,000 leva Fictional forms such as "realistic images" or "virtual" representations are not included nor criminalized. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Croatia				Child pornography is illegal in Croatia with laws actively enforced. Penalty will be 10 years in prison. Fictional forms are only allowed if they are considered to be "artistic, medical, scientific, and informative" content. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Czech Republic				Child pornography and possession is illegal in the Czech Republic with laws that are actively enforced. Penalty will be 8 years in prison. There is no information regarding the implementation of fictional child pornography laws. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Denmark '				Possession, distribution, and production of child pornography is illegal under Danish law. Penalties for the distribution of child pornography include up to a six-year prison sentence. Fictional forms are legal as there are no laws in Denmark which prohibit "pornographic" drawings of children. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Estonia				Child pornography is illegal in Estonia with punishments ranging from a fine to three years in prison. While fictional forms are also illegal per article 178 of the Penal Code, this law does not apply to Estonian citizens who legally commit the offense abroad. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Finland '				Under Finnish law, it is illegal to possess, produce or distribute child pornography. Penalty will be 2 years in prison or fines and 6 years in prison for "Aggravated". If there is no child in child pornography, then it is legal depending on realism. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
France '				Child pornography is illegal in France, with a maximum penalty of 7 years in prison and a €100,000 fine for its use and distribution. Fictional forms are also covered in the law except for works which are deemed artistic in value. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Georgia				All forms of child pornography including possession are illegal in Georgia, and punishable by up to five years' imprisonment.
Germany				Distributing, acquiring, and possessing child pornography is illegal in Germany with punishments from three months to 10 years imprisonment. Acquisition and possession of fictional "child pornography" is legal as long as it does not appear to be real. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted but the Germany is likely to oppose in 2025.
Greece				All forms of child pornography are illegal in Greece. Article 348A of the Greek criminal code punishes offenders with imprisonment of at least one year and a fine of €10,000 to €100,000. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Hungary				Child pornography and possession is illegal in Hungary per "Act C" of the 2012 criminal code. Hungarian law defines "child pornography" as "any video, movie or photograph or other form of recording". This law does not include capturing a child by drawing or painting as long as the content is non "realistic". The penalty has strengthened since July 2021 over Anti LGBTQ law 2021. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Iceland				All forms of pornography are prohibited.
Ireland				All forms of child pornography and possession are illegal in Ireland. This includes 'pornography" that doesn't contain any "real children". All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Italy				Child pornography and possession is illegal in Italy per Article 600 of the Italian criminal code. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Latvia				All forms of child pornography are prohibited in Latvia except for works that are educational, informative, scientific, or artistic in value. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Liechtenstein				Possession or distribution of child pornography is a criminal offense, with penalties of up to three years in prison. The legal definition of "pornographic depictions of minors" makes no distinction between real or fictional pornography.
Lithuania				Child pornography and possession is illegal in Lithuania per Articles 162 and 309 of the Lithuanian criminal code. The law includes material "displaying a child or presenting a person as a child", with punishments of up to 3 years imprisonment. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Luxembourg				Child pornography is illegal in Luxembourg. An ongoing issue is that there is no clear definition for "child pornography" as highly sexualised pictures of children are sometimes considered perfectly legal. The law does not mention fictional forms leaving no data available. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Malta				Child pornography and possession is illegal in Malta with punishments ranging from 3 to 12 years imprisonment depending on the action involved. This law also includes simulated images in the form of drawings and cartoons under Malta's criminal code. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Moldova				Child pornography, in both real or fictional forms is illegal in Moldova according to article 208.1 of the penal code, with punishments ranging from 1 to 3 years imprisonment.
Monaco				Child pornography and possession is illegal in Monaco per Article 294-3 of the Monacan criminal code. The law also includes falsified "realistic" images of a physical person that was fully or partially created using digital technology. No information is given for other possible real or unrealistic forms.
Montenegro				Article 211 of the Criminal Code criminalises “pornographic” content and performances but does not define the term “pornographic” or what is considered to be “child pornography”. Fictional forms are not defined or criminalized, but a provision under Article 211 could cover them.
Netherlands '				Child pornography and possession is illegal in the Netherlands per Article 240b of the criminal code. Penalty will be 6 years in prison or a fine of €82,000. The law also includes "realistic" images which are in a legal grey area, as judgements are made that vary from image to image. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
North Macedonia				Child pornography and possession is illegal in North Macedonia per Article 193 of the criminal code. The law also covers "realistic pictures" without providing a definition.
Norway '				Child pornography and possession is illegal in Norway per Section 311 of the penal code. This is defined as any depiction of sexual abuse of children, or any content that sexualises children. "Children" is defined as "persons who are or appear to be under 18 years of age". The law makes an exception for works deemed to be artistic, scientific or informational, as well as cases involving 16 and 17 year olds "if this person consented and the two are approximately equal in age and development".
Poland				Child pornography is illegal in Poland, but legislation does not define the concept of "child pornography". Penalty will be 10 years in prison. Fictional forms are in a legal gray area as they could arguably fall under Section 4b of article 202 of the penal code. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted but the Poland is likely to oppose in 2025.
Portugal '				Child pornography and possession is illegal in Portugal under Article 176 of the Portuguese penal code. Penalty will be 1-5 in prison. The law is also vague in its definition of "pornographic depictions" when mentioning "realistic representations of children". All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Romania				Art. 374 of the Romanian Penal Code defines "Child pornography material" as any material “presenting a minor having explicit sexual behaviour or an adult who is presented as a minor having explicit sexual behaviour or images that, although not presenting a real person, simulate, credibly, a minor having that kind of behaviour and any representation of children sexual organs with the intent of depicting sexual behaviour. Penalty will be 1 to 5 years in prison.” It's unclear if images that present unrealistic fictional characters are also considered images that simulate minors. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Russia '				Storage with the intent of distribution of child pornography is illegal in Russia according to article 242-1 of the Criminal Code. There is also nothing in the law that prohibits simple possession of child pornography. Fictional forms are illegal unless they have historical value.
Serbia				Child pornography is illegal in Serbia under article 185 of the criminal code, being punishable by up to 5 years imprisonment. Fictional forms are not criminalized unless they are found to be abusive to a "juvenile" by electronic or other means.
Slovakia				Child pornography is illegal in Slovakia under sections 368-370 of the criminal code. Penalties range from two to 20 years' imprisonment. Section 127 of the criminal code defines "child" as "a person under eighteen years of age, unless ha reached the legal age earlier". The section defines child pornography as "pornographic material that visually depicts sexual intercourse, different act of sexual intercourse, or other conduct similar to sexual intercourse with a child, or naked parts of the child’s body, and that is designed to gratify sexual desire of another." It is not known if fictional content would fall under that definition. However, in June 2013, the law was amended to prohibit "depiction of real or pretended intercourse, another method of sexual intercourse or other similar sexual intercourse with a child or a person who looks like a child, or the depiction of exposed parts of the body of a child or a person who looks like a child aimed at inducing the sexual satisfaction of another person". Accordingly, it is probable that fictional depictions fall under this definition. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Slovenia				Child pornography is illegal in Slovenia under article 176 of the criminal code. While the law also covers "pornographic or other sexual material depicting minors or their realistic images", no definition of "realistic" is given. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Spain				Child pornography is illegal in Spain per Article 189 of the Spanish criminal code. Exceptions include fictional depictions that are not realistic enough to fall under the scope of the law. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Sweden				Child pornography is illegal in Sweden per chapter 16, section 10A of the Swedish penal code. In terms of "fictional" depictions, Sweden's supreme court ruled that a "manga expert" could keep one or two drawings in his possession that could, in other cases, be regarded as illegal child pornography. All forms of child pornography even with fictional and possession could be criminalised on online with virtually enforced if EU's Chat Control is adopted.
Switzerland				Child pornography, including possession, is illegal in Switzerland per article 197 of the Swiss Criminal Code. This law includes purely fictional forms such as drawings or virtual depictions.
Ukraine				Child pornography is illegal in Ukraine which defines it as a "depicting in any way a child or a person who looks like a child, in a real or simulated sexually explicit image or involved in real or simulated sexual behaviour, or any image of the child's genitals for sexual purposes". Penalty will be 5-10 years in prison. Article 301-1 of the Criminal Code prohibits possession. As Ukraine is currently subject to an invasion, occupied land controlled by Russia is in a legal gray area even though it's still illegal in Russia, except for possessing. All forms of pornography are prohibited.
United Kingdom '				All forms of child pornography including possession is illegal in the United Kingdom per the Protection of Children Act of 1978 and the Coroners and Justice Act 2009, The 2009 law does not apply in Scotland. The law includes real and fictional "indecent pseudo-photographs of a child". Punishments for indictment incur a maximum of 10 years imprisonment and 3 years imprisonment for possession on fictional forms but not in Scotland for the fictional Attempts was made by Online Safety Act 2023 to scan all forms of child pornography on online including end-to-end encryption like the EU's Chat Control proposal which experts say is not possible to implement without undermining users' privacy.
Vatican City				Pope Francis specifically listed possession of child pornography as a crime against children that can be punished by up to 12 years in prison.
Country	Real	Fictional	Possession	Short summary

Asia

Country	Real	Fictional	Possession	Short summary
Afghanistan				Child pornography was illegal in Afghanistan under the Afghan penal code: “f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim's consent is invalid.” This law also applied to women offenders who may have been additionally charged with adultery. Following Fall of Kabul and subsequent takeover of power by the Taliban in 2021, the legal status of child pornography is unclear.
Azerbaijan				All forms of child pornography are illegal in Azerbaijan, but laws regarding simple possession are not stated.
Bahrain				Child pornography is forbidden in Bahrain, its legally unclear if this applies to non electronic possession or fictional forms.
Bangladesh				Child pornography is illegal in Bangladesh except for virtual forms which are not addressed. Penalty will be 10 years in prison with labour and up to 500,000 BDT fines.
Bhutan				Child pornography is illegal in Bhutan as it falls under "obscene material". Virtual child pornography, and mere possession are not addressed.
Brunei				All forms of pornography are prohibited.
Cambodia				All forms of pornography are prohibited in Cambodia, which includes photographs and drawings.
China '				All forms of pornography are prohibited with the exceptions of Hong Kong and Macau, which only make child pornography illegal.
Cyprus				Child pornography is illegal in Cyprus with maximum sentences of up to life in prison. Cyprus is one of the most harshest penalty in the world and it's virtually always enforced.
India				All forms of pornography except fictional depictions "in the interest of art or literature" are prohibited.
Indonesia				All forms of pornography in Indonesia are prohibited in theory. The law makes no clear definition of child pornography and its forms.
Iran				All forms of pornography are prohibited.
Iraq				All forms of pornography are prohibited.
Israel '				All forms of child pornography are illegal in Israel. This includes possession and fictional depictions. No laws in Palestine prohibiting child pornography.
Japan				Simple possession, production, and distribution of child pornography is illegal in Japan. Penalty will be 5 years in prison and/or a fine of ¥5,000,000. Possession of child pornography is banned by since 2014. Fictional child pornography, such as Lolicon and Shotacon, are excluded from the law. These fall under "cultural and artistic activities" which are protected by freedom of expression. Despite being legal, the genitals must be censored or pixelated due to Article 175 of Japanese Penal Code. In recent, Japan has attempted to criminalise fictional child pornography but refuse after pressure from artists, publishers and some Japanese lawmakers.
Jordan				Child pornography is not explicitly defined nor criminalized in the Jordanian legislation, but there are online laws in place which criminalize dissemination.
Kazakhstan				Child pornography is illegal in Kazakhstan except for mere possession. The law also provides administrative penalties to cover the sale of pornographic materials to minors.
North Korea				All forms of pornography are prohibited.
South Korea				All forms of pornography are prohibited. These actively enforced laws also allow government monitoring and censorship, possession of any form is also illegal. Penalty for child pornography will be 10 years in prison.
Kuwait				All forms of pornography are prohibited.
Kyrgyzstan				While child pornography is illegal in Kyrgyzstan, there is no legislation that defines child pornography by law. Computer related activities such as access to child pornography online, and mere possession are not fully criminalized.
Laos				Laws in Laos prohibit the dissemination of pornography, giving it a broad definition that could be interpreted to include simulated representations of children. Simple possession is not criminalized.
Lebanon				The Penal Code and Law 422 protect children from child pornography which include the artificial practice of simulating sexual activities or virtual portrayals.
Malaysia				Offenses related to child pornography in Malaysia was loosely defined in the Penal Code, before being restricted in detail with the inclusion of Sexual Offences Against Children Act 2017.
Maldives				While all forms of pornography are prohibited in Maldives under Sharia, there are no specific provisions defining "child pornography".
Mongolia				While illegal, there are no specific provisions focused on child pornography. Legal penalties depend on the interpretation of other related laws.
Myanmar				Child pornography is illegal in Myanmar, it is unknown if the law covers simple possession or fictional forms.
Nepal				Nepalese law prohibits taking or allowing to be taken any photograph of children for the purpose of engaging a child in immoral profession. Virtual child pornography is not criminalized under Nepalese law, while mere possession under "real" is not mentioned.
Oman				All forms of pornography are prohibited.
Pakistan				All forms of pornography are prohibited. Child pornography is punishable with 20 years in prison and a fine of 1 million rupees.
Philippines				The "Anti-Child Pornography Act" makes child pornography illegal in the Philippines in all forms.
Qatar				All forms of pornography are prohibited.
Saudi Arabia				Child pornography is illegal in Saudi Arabia. This includes possession but virtual/fictional forms are not addressed.
Singapore				All forms of pornography are prohibited. ICMEC Singapore has a voluntary Asia-Pacific Financial Coalition Against Child Pornography to fight online child sexual exploitation.
Sri Lanka				Child pornography is illegal in Sri Lanka, but is undefined, and not always enforced by authorities. "Fictional" child pornography such as drawings and cartoons are also covered but face the same undefined issue.
Syria				Syrian law considers child pornography a trafficking crime, but the punishment for child pornography is set at the local level with unclear enforcement, often due to Syrian civil war.
Taiwan				The "Child and Youth Sexual Exploitation Prevention Act" criminalizes the production, broadcast, distribution, and exhibition of pornography. Simple possession of such materials without justifiable cause is punishable by fines. Fictional child pornography, with the exception of creations depicting real people or realistic images generated by AI, are excluded from the "Child and Youth Sexual Exploitation Prevention Act".
Tajikistan				Child pornography is illegal in Tajikistan, except for possession which is not mentioned by law. Virtual child pornography, and suggestive representations of children are not defined.
Thailand				Child pornography including possession is illegal in Thailand, as is pornography in general. According to ECPAT though, the law does not reflect the definition of virtual “child pornography” set forth in international legal instruments. Penalty will be 5 years or 10 years in prison.
East Timor				All forms of child pornography including possession of it is illegal in East Timor. Convictions are punishable with 3 to 10 years imprisonment.
Turkey				Child pornography and possession is illegal in Turkey with imprisonment of 2 to 5 years and a fine for violations. Fictional child pornography has been illegal since 2016.
Turkmenistan				While there are no specific child pornography laws in Turkmenistan, legislation states that the production and dissemination of pornographic printed publications, films or any pornographic items shall be prohibited.
United Arab Emirates				Child pornography is illegal, and all forms of pornography.
Uzbekistan				Although the production and distribution of child pornography are criminally prohibited, possession is not criminalized in Uzbekistan.
Vietnam				Child pornography is illegal, but not defined under Vietnamese law. The production, distribution, dissemination, and sale of material deemed to be child pornography is punishable by 3 to 10 years in prison. Virtual "child pornography" is not defined or explicitly criminalized.
Yemen				The legal framework in Yemen does not adequately prohibit child pornography. This country has been hampered by an ongoing civil war since 2014, and the extent of Sharia law implementation is unclear.
Country	Real	Fictional	Possession	Short summary

Oceania

Country	Real	Fictional	Possession	Short summary
Australia '				Acts such as possession, production and distribution of child pornography are illegal in Australia, and can be punished by up to a maximum penalty of 10 years in prison or 15 years for AI related as deepfakes or a $275,000 fine.
Federated States of Micronesia				Only Pohnpei has a statute prohibiting child pornography. Both Chuuk and Pohnpei have provisions against filming explicit movies of underage children, but Yap and Kosrae have no such provisions.
Fiji				Child pornography is illegal in Fiji per Article 91 of the "Employment Relations Promulgation", and Article 62A of the "Juveniles Act". This law includes the wording: "persons who look like juveniles whether they are or not".
Kiribati				The status of child pornography in Kiribati is unclear. A report by the United States Department of State conducted in 2020 explains that " penal code has no specific provision concerning child pornography". This however, contradicts an apparent amendment made in 2016 to their penal code.
Marshall Islands				Child pornography is criminalized, but not defined in the Marshall Islands. There is no mention of production, possession or dissemination of child pornography in the law.
Nauru				All forms of child pornography are illegal in Nauru. It is unclear if this applies to unrealistic images or for possession.
New Zealand '				Browsing for, distributing, producing, and possessing child pornography are all illegal in New Zealand.
Palau				All forms of child pornography are illegal in Palau. This law makes no exceptions for simple possession, photographs, films, videos, pictures, and computer-generated images or pictures.
Papua New Guinea				All forms of pornography are illegal in Papua New Guinea. Child pornography is punishable by 5 to 15 years' imprisonment or a fine up to 2 million kina.
Samoa				Samoan law specifies a seven-year prison sentence for any person found guilty of possessing, publishing, distributing, or exhibiting indecent material featuring a child.
Solomon Islands				Child pornography is illegal in the Solomon Islands, and carries a maximum penalty of 10 years' imprisonment.
Tonga				Child pornography and possession is illegal in Tonga with penalties of a maximum fine of TOP 100,000 or a maximum of 10 years in prison for individuals. Using children younger than 14 in the production of pornography is not criminalized.
Tuvalu				All forms of pornography are prohibited, and the penal code includes penalties for those who make, distribute, or possess obscene publications. However, Tuvaluan law does not specifically address child pornography.
Vanuatu				The maximum penalty in Vanuatu for publishing child pornography is five years' imprisonment, and for possession, two years' imprisonment.
Country	Real	Fictional	Possession	Short summary

New World

South America

Country	Real	Fictional	Possession	Short summary
Argentina				Article 128 of the Argentine penal code prohibits the possession and distribution of child pornography with prison sentences between four months and one year for possession and three to six years for distribution. Fictional pornography depicting fictional minors are not addressed meanwhile fictional pornography depicting real minors, especially generated by AI, are illegal.
Bolivia				Child pornography is illegal, and is persecuted in Bolivia. Sentences are punishable by privation of freedom from 2 to 6 years. Fictional child pornography and possession thereof remains legal.
Brazil				Production, distribution and possession of child pornography is illegal, and prosecuted in Brazil in accordance with its "Code of Minors". Fictional child pornography and possession thereof remains legal.
Chile				Possession of child pornography real or faked, or any representation of their genitalia with the purpose of sexual gratification is illegal under Chilean law. Sentences are punishable from 541 days to 5 years imprisonment depending on the situation.
Colombia				Real child pornography is illegal and is prosecuted in Colombia. The Supreme Court of Justice of Colombia ruled in 2018 that "artificial child pornography" is not a crime. This applies to non nude photographs, drawings, animation, and situations that do not involve actual abuse.
Ecuador				The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophile material is illegal under Ecuadorian law.
Guyana				There are no laws in Guyana that specifically prohibit child pornography. The sale, publishing, or exhibiting of obscene material, defined as anything that could deprive or corrupt those open to immoral influences is instead subject to regulations.
Paraguay				Child pornography involving actual children is illegal in Paraguay. Virtual forms were not included in the "Paraguayan Criminal Code" of 1997.
Peru				Child pornography is illegal in Peru under article 183-A of the penal code except for fictional material that does not depict a real child.
Suriname				Child pornography is prohibited in Suriname. Convictions carry a maximum penalty of six years' imprisonment and maximum fine of SRD 50,000.
Uruguay				All forms of child pornography are illegal.
Venezuela				Venezuela does not prohibit the simple possession of child pornography. But sale and distribution of child pornography is illegal and punished by fines or imprisonment from three months to four years. There are no laws that criminalize fictional forms.
Country	Real	Fictional	Possession	Short summary