Legal Status of Cartoon Pornography Depicting Minors - Poland

Poland

According to polish penalty code (art. 202 §4b) production, distribution, presenting, storing and possession of pornographic content depicting "made or remade" image of minor taking part in any sexual activity is punishable by monetary fine, restriction of liberty or imprisonment up to two years. The "minor", according to polish law, is a person under 18 years old. This broad definition of "minor" leads to some criticism, as it is legal to produce pornographic content with minor over age of 15, if not intended for distribution (art. 202 §4).

There was at least one case in Poland where the discussed article 202 §4b of polish penalty code was used in court. It was the case of a painter Krzysztof Kuszej, who's art "with photographic accuracy depicted children' and men's genitalia during intercourse". His pictures implied, that the men were priests. The artist argued in court, that his art is a social commentary on subject of Pedophilia by Roman Catholic priests, and his artistic measures were adequate for the problem. The court's ruling was "not guilty". The ruling was based on the experts' opinion, that the presenting of pedophilia was not an intent of the artist, and that his works were of critical nature.