Section 23 Cybercrimes Act
Section 23 of the Nigerian Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 is about Child pornography and related offences. It is under Part III (Offences and Penalties) of the Act.
(1) A Person who intentionally uses any Computer System or Network in or for —
(a) producing child pornography ;
(b) offering or making available chi |d 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-storage medium.
Commit offence under this Act and is 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 both; 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 both.
(2) A Person who knowingly makes or sends other Pornographic images to another Computer by way of unsolicited distribution shall be guilty of an offence and upon conviction shall be sentenced to 1 year imprisonment or a fine of #250,000.00 or both.
(3) A Person who, intentionally proposes, grooms or solicits, through any computer system or network, to meet a child for the purpose of:
(a) engaging in sexual activities with the child;
(b) engaging in sexual activities with the child where –
(i) use is made of coercion, inducement, force or threats;
(ii) abuse is made of a recognized position of trust, authority or influence over the child, including within the family; or
(iii) abuse is made of a particularly vulnerable situation of the child, mental or physical disability or a situation of dependence;
(c) recruiting, inducing, coercing, exposing, or causing a child to participate in pornographic performances or profiting from or otherwise exploiting a child for such purposes ;
Commits an offence under this Act, and is liable on conviction —
(i) in the case of paragraph (a) of this subsection, to imprisonment for a term of not more than 10 years and a fine of not more than N15,000,000.00 ;
and
(ii) in the case of paragraphs (b) and (c) of this subsection; to imprisonment for a term of not more than 15 years and a fine of not more than N25,000.000.00.
(4) For the purpose of sub-section (l) of this section, the term “Child Pornography” includes Pornographic Material that Visually depicts—
(a) a minor engaged in sexually explicit conduct;
(b) a person appearing to be a minor engaged in sexually explicit conduct ; and
(c) realistic images representing a minor engaged in sexually explicit conduct.
(5) For the purpose of this Section, the term “child” or “minor” means a person below 18 years of age.
