Kata Franciska Vági

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Publications - 1

The Child Protection Paradox in the Criminal Laws of EU Member States: Self-Generated Sexual Images and the Limits of Criminalisation

Publication Name: Laws

Publication Date: 2026-06-01

Volume: 15

Issue: 3

Page Range: Unknown

Description:

The criminal law assessment of consensual sexting between minors requires interpretation within a child-rights framework that accounts for children’s evolving capacities and the ultima ratio principle of criminal law. Although child self-generated sexual images and videos (CSGIV) may, in many jurisdictions, conceptually fall within the scope of offences relating to child pornography or child sexual abuse material (CSAM), consensual peer-to-peer sharing typically lacks the classical elements of sexual exploitation. This article provides a structured comparative overview of how the criminal law systems of the twenty-seven European Union (EU) Member States regulate consensual minor-to-minor sexting, identifying three regulatory models and assessing their compatibility with child-rights standards. The research is based on a structured comparative legal analysis drawing on the report and country reports of the second monitoring round of the Lanzarote Committee, complemented by a primary analysis of the relevant criminal law provisions of the Member States. The analytical framework relies on a coding manual developed by the authors along thematic dimensions. The findings identify three regulatory models: systems that provide explicit differentiation and safeguards; systems that formally criminalise the conduct but operate with implicit mitigation; and systems that entail a broad risk of criminalisation. The analysis reveals considerable normative fragmentation and demonstrates that the absence of explicit differentiation may expose forms of adolescent self-expression to criminal liability. The article concludes that, to comply with child-rights standards, explicit normative safeguards and a consistent application of the exceptional character of criminal law are required.

Open Access: Yes

DOI: 10.3390/laws15030047