Criminal defense for Child Pornography in Bonn

Legal Basis

§ 184b StGB

Sentencing Range

Dissemination/production: 6 months to 10 years; possession/acquisition: 3 months to 5 years (§ 184b StGB; a misdemeanour again since 28 June 2024)

Summary

Distributing, acquiring, possessing, or producing child sexual abuse material depicting sexual acts involving minors under fourteen

An allegation involving child sexual abuse material under Section 184b StGB is extremely serious and regularly begins with a search and the seizure of all digital devices. Here the attribution of files, questions of knowledge and possession, and the lawfulness of the search are often decisive – make no statement before full access to the case file. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide, discreetly and on the basis of the investigation file.

Distribution, Acquisition, and Possession of Child Sexual Abuse Material (Section 184b StGB)

The distribution, acquisition, and possession of child sexual abuse material are among the most intensively prosecuted offences in the area of sexual criminal law. The legislature has amended the provision several times. After a 2021 tightening, a reform in force since 28 June 2024 has reclassified acquisition, possession and distribution as misdemeanours again — no longer serious crimes. Possession and acquisition now carry three months to five years (§ 184b(3) StGB), and distribution, production and trafficking six months to ten years (§ 184b(1) StGB). Because the minimum penalty is below one year, discontinuance and a penalty order are possible again. Only qualified cases (commercial or gang activity, § 184b(2) StGB) remain serious crimes. The provision protects children under 14 from sexual exploitation by criminalising the market for depictions of sexual abuse.

Legal Basis

Section 184b(1) of the German Criminal Code (StGB) provides (in excerpt):

“Anyone who distributes or makes publicly available child pornographic content shall be punished with imprisonment from one to ten years.”

Section 184b(3) StGB punishes possession with imprisonment from one to five years. Acquisition and obtaining are also punished with imprisonment under Section 184b(3) sentence 2 StGB.

Elements of the Offence

Child pornographic content: Pornographic content depicting sexual acts by, on, or in front of children (persons under 14). This includes depictions of actual abuse, as well as realistic virtual depictions and, under certain conditions, fictional depictions.

Distribution: Making accessible to a larger, no longer controllable group of persons, such as uploading to the internet, sending via messenger to multiple recipients, or passing on physical data carriers.

Possession: Actual control over the content, including in digital form (on a hard drive, smartphone, in the cloud). Even a single image may suffice.

Acquisition and obtaining: Deliberately gaining control over the content. An accidental download cannot satisfy the offence if the content is immediately deleted and no intent to possess existed.

Production (Section 184b(1) No. 3 StGB): Production of child pornographic content depicting actual events is punished with imprisonment from two to fifteen years.

Typical Methods of Commission

Common forms include downloading from the internet (darknet, specialised forums), exchange via encrypted messaging services, storage on devices or cloud services, forwarding in chat groups (including thoughtlessly in WhatsApp groups), and production through secret filming or photographing.

Sentencing Range

Distribution (Section 184b(1) StGB) carries imprisonment from one to ten years — but since 28 June 2024 it is a misdemeanour again, not a serious crime. Possession (Section 184b(3) StGB) carries imprisonment from one to five years. Production depicting actual events (Section 184b(1) No. 3 StGB) carries imprisonment from two to fifteen years. In less serious cases (Section 184b(2) and (3) sentence 2 StGB), the sentence may be reduced to imprisonment from three months to five years.

Typical Defense Strategies

The defense first examines the digital forensic evidence: were the files actually deliberately downloaded, or were they merely in the browser cache? Was the accused the actual user of the device? Can access data be reliably attributed? Furthermore, it must be examined whether the content actually qualifies as child pornographic in the legal sense — age estimation of the depicted persons is frequently disputed. Since the 2024 reform, possession and distribution are misdemeanours again, which reopens discontinuance, a penalty order and graded sanctions. Exclusionary rules for unlawful searches or seizures and violations of the judicial reservation requirement for the analysis of data carriers are also relevant defense approaches.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

My devices were seized – what now? Do not hand over passwords and make no statement about files or accounts. The evaluation of the devices takes time; the defense is built on the case file, not on early explanations.

I received material unsolicited in a chat group – am I liable? Receipt alone does not equal knowing possession; how the file arrived, whether it was opened and what was deleted are central questions of the defense.

Do I need a defense lawyer in any event? Given the sentencing range and the consequences, defense counsel is strongly advisable; in many constellations mandatory defense applies – you can name a lawyer of your choice.

What are the professional consequences? Convictions appear in the extended certificate of conduct and can end careers involving minors – one more reason for a careful, file-based defense from day one.

Summons or accusation of Child Pornography? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Child Pornography requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.