Preliminary Approval for Bill on Possession of Child Pornography

On November 29, 2017 the Argentine Senate approved a bill (the “Bill”) which modifies Section 128 of the Criminal Code. The current version of Section 128, which penalizes certain conducts related to child pornography, was adopted by Law No. 26.388 in 2008.

In that regard, current Section 128 penalizes the production and distribution of child pornography. In addition, it punishes the possession of child pornography only when there is an unequivocal intent to distribute or market it. 

The novel aspect of the Bill is that it proposes to penalize the possession of child pornography, regardless of its end. Moreover, it also increases the minimum penalties of prison for the mentioned crimes, and  raises by one third the minimum and maximum penalty that applies when the victim is a child under thirteen years of age.

The Bill is based on six different proposals made on this matter, including a bill submitted at the beginning of the year by Senators Juan Manuel Abal Medina and Julio Cobos (for more information see "Draft Bill Makes Possession of Child Pornography a Crime").

The Bill has yet to be addressed by the House of Representatives, where there are already another four bills on child pornography pending treatment.