The offence of child pornography covers obtaining, possessing, passing on, producing and distributing pornographic recordings depicting persons under 18. Even mere obtaining or possession is punishable by 1–5 years’ imprisonment. Under the law, the realistic depiction of a non-existent person also counts as a recording, so computer-generated or AI-generated images may also fall under it.
Typical situations
- a house search where recordings are found on a seized computer, phone or cloud storage;
- proceedings started on the basis of an international report (from an online platform or a foreign authority);
- a file-sharing or chat group of which the accused was a member;
- an exchange of images between two young people that is later passed on.
What is the penalty?
| Conduct | Basic case | Victim under 12, relationship of dependence, public official, recording depicting violence, or special recidivist |
|---|---|---|
| Obtaining, possession | 1–5 years | 2–8 years |
| Offering, passing on, making accessible | 2–8 years | 5–10 years |
| Producing, distributing, trading, making accessible to the general public | 5–10 years | 5–15 years |
For recordings depicting the ill-treatment of or violence against a person under 12, the ranges increase further (5–10, 5–15 and 5–20 years respectively). Lower ranges apply to obtaining or possessing (up to 3 years) and producing (1–5 years) recordings of persons aged 14 to 18 if there are no aggravating circumstances. Inviting a minor to appear in a recording, and taking part in or featuring a minor in a pornographic performance, are separate offences.
What does the defence look at?
- Digital evidence: how and when the file got onto the device, whether it was ever opened, and whether it resulted from an automatic download, cache or synchronisation. This requires an IT expert opinion, to which the defence can put questions.
- Who used the device? With a shared computer or account, attribution can be disputed.
- The age and the nature of the recording: determining the age of the person depicted and the “pornographic” nature are also expert questions that fundamentally affect the classification.
- The lawfulness of the house search and the seizure, and avoiding pre-trial detention – in these cases the decisions of the first days carry particular weight.
Frequently asked questions
There was a house search and my devices were taken. What should I do? Do not make statements about the files without a lawyer, and do not try to delete data from other devices or accounts – this can create a new suspicion and grounds for pre-trial detention.
I did not know such a file was on my computer. The offence requires intent; if the file got onto the device without your knowledge, this can be supported by an IT examination.
Two minors sent each other pictures. Does this fall under the offence too? According to the text of the law, yes, but age, consent and the circumstances of any passing on are important; special rules apply to juveniles.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Sexual offences – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →