Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (c. 93)

Article 2 Definitions

For the purposes of this Directive, the following definitions apply:

(a)

‘child’ means any person below the age of 18 years;

(b)

‘age of sexual consent’ means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child;

(c)

‘child pornography’ means:

(i)

any material that visually depicts a child engaged in real or simulated sexually explicit conduct;

(ii)

any depiction of the sexual organs of a child for primarily sexual purposes;

(iii)

any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or

(iv)

realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes;

(d)

‘child prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party;

(e)

‘pornographic performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of:

(i)

a child engaged in real or simulated sexually explicit conduct; or

(ii)

the sexual organs of a child for primarily sexual purposes;

(f)

‘legal person’ means an entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations.