The analyse of Article 176 of Slovenian criminal code showed how complex the question of prohibition of confrontation for a person under 15 years of age with pornographic material can be and how vital is appropriate criminalization of child pornography due to the more and more widespread and accessible cyberspace. It is one of the fastest growing markets on the internet; therefore there is a need for international cooperation when combating this criminal offence, reflecting in many international legal instruments which regulate this material. The main aim of criminalization of child pornography has to be the protection of children interests; hence the implementation of possession of child pornography in the Slovenian criminal code was appropriate move made by the Slovenian legislature. But this particular legal element needs detailed explanation in order to avoid potential abuses of criminal law. The same applies for the legal element of depiction »of realistic images of minors« in pornographic materials; the problem of the gap between capability to consent to sexual acts and capability to document that act; and the question of criminalization of the participation in pornographic material of people who merely seem like minors.
The first paragraph of Article 176 prohibits confronting people younger than 15 years of age with pornographic material. In comparison to the previous Slovenian regulation, raising the age limit is inappropriate and inconsistent with the actual situation of the society, observing the trends of earlier sexual activity of juveniles. Such regulation interferes even more with their constitutional right of self-determination. But a need for such restriction and criminal regulation does indeed exist, due to the need for protection of mental and social development of minors. Premature confrontation could result in unrealistic body images and expectations regarding the sexual act and so on, because of the lack of elemental rational overview regarding the sexuality.
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