PART II
Having underscored the meaning of a minor or child and the meaning of child pornography as contemplated under The Act in the Part I of this write-up. It is now pertinent to outline such acts which The Act has criminalized, with their attendant penalties.
Section 23(1) of The Act thus provides:
(1) Any person who intentionally uses any computer system or network in or for-
(a) Producing child pornography;
(b) Offering or making available child pornography;
(c) Distributing or transmitting child pornography;
(d) Procuring child pornography for oneself or for another person;
(e) Possessing child pornography in a computer system or on a computer-data storage medium:
Commits an offence under this Act and shall be liable on conviction –
(i) In the case of paragraphs (a), (b) and (c) to imprisonment for a term of 10 years or a fine of not more than N20,000,000.00 or to both fine and imprisonment; and
(ii) In the case of paragraphs(d) and (e) of this subsection, to imprisonment for a term of not more than 5 years or a fine of not more than N10,000,000.00 or to both such fine and imprisonment.
To further explain the above provisions of Section 23(1) of The Act, for one to be guilty under the offences provided in the said section, he must have done the following:
- Intentionally produced child pornography.
- Intentionally offered or made available a child pornography.
- Intentionally distributed or transmitted a child pornography.
- Intentionally procured (obtained) for himself or another a child pornography.
- Intentionally possessing or storing a child pornography in one’s computer or in a computer data storage medium.
It is also to be pointed out that for the offences contemplated under Section 23(1) of The Act above to be complete, a computer system or a network must be used in or for the doing of any of those acts which have been criminalized under the said section.
By a perusal of Section 58 of The Act which is the definition Section, computer system includes mobile phones and data storage facilities. Therefore storing a child pornography in a flash drive or memory card, or doing any of the things contemplated in Section 23(1) of The Act above, would from the provisions of The Act amount to an offence punishable under Section 23(1)(e)(i) and (ii) of The Act.
In line with Section 23(1)(e)(i) of The Act above, there shall be a penalty of imprisonment for a term of 10 years or a fine of not more than N20, 000,000.00 or to both fine and imprisonment for the following offences:
- Intentionally use a computer or network in or for producing child pornography.
- Intentionally use a computer or network in or for offering or making available a child pornography.
- Intentionally use a computer or network in or for distributing or transmitting a child pornography.
On the other hand, Section 23(1)(e)(ii) of The Act provides for imprisonment for a term of not more than 5 years or a fine of not more than N10, 000,000.00 or to both such fine and imprisonment as punishment for the remaining offences, viz:
- Intentionally use a computer or network in or for procuring (obtaining) for oneself or another a child pornography.
- Intentionally use computer or network in or for possessing or storing a child pornography in one’s computer or in a computer data storage medium.
Finally, the Part III of this write-up will outline and discuss the punishment for persons who solicit to engage in sexual activities through a computer, as well as every other relevant provision.
