The Framework Decision entered into force on the date of its publication in the official journal, 20 January 2004. Deadline for implementation in the Member States was 20 January 2006.
The Framework Decision requires Member States to take measures to ensure that the following intentional conduct is punishable: (a) coercing a child into prostitution or into participating in pornographic performances, or profiting or exploiting a child for such purpose, (b) recruiting a child into prostitution or into participating in pornography, (c) engaging in sexual activities with a child where there is coercion, remuneration, or abuse of trust. Member States are obliged to take measures to ensure that the production, distribution, supply, acquisition and possession of child pornography are punishable. Member States are also required to ensure that instigation of, aiding, abetting, or attempting to commit an offence is punishable. Member States are to ensure that the criminal offences established are punishable by effective, proportionate and dissuasive criminal penalties that may entail extradition. Member States are required to ensure that legal persons can be held liable.
Member States are required to establish jurisdiction where the offence is committed in whole or in part within its territory, or the offender is one of its nationals, or the offence is committed for the benefit of a legal person established within the Member State. Investigations into or prosecution of offences are not dependent on a victim’s report or accusation.
