e24702_SN008
Translated from French
9
Anyone who procures, for himself or for another person, imports or arranges the import
of, or exports or arranges the export of an image or representation that constitutes child
pornography through a computer system shall be punished with a prison term of five (5)
to ten (10) years and/or a fine of 5,000,000 to 15,000,000 francs.
Article 431-36
Anyone who possesses an image or representation that constitutes child pornography in a
computer system or on any computerized data-storage medium shall be punished with the
same penalties.
Anyone who facilitates access by a minor to pornographic images, documents, sound or
representations shall be punished with the same penalties.
Article 431-37
Where the offenses established by the present Law are committed by an organized gang,
they shall be punishable by the maximum penalty provided for in Article 431-23 of the
present Law.
SECTION II: OTHER CONTENT-RELATED OFFENSES
Article 431-38
Anyone who creates, downloads, distributes or makes available in any form writings,
messages, photos, drawings or any other representation of ideas or theories of a racist or
xenophobic nature through a computer system shall be punished with a prison term of six
(6) months to seven (7) years and a fine of 1,000,000 to 10,000,000 francs.
Article 431-39
A threat, issued through a computer system, to commit a criminal offense against a
person on grounds of his membership of a group characterized by race, color, ancestry or
national or ethnic origin, or religion insofar as it is used as the pretext for a threat on one
or other of the grounds mentioned, or against a group of persons distinguished by one of
these characteristics shall be punishable by a prison term of six (6) months to seven (7)
years and a fine of 1,000,000 to 10,000,000 francs.
Article 431-40
Abuse perpetrated through a computer system against a person on grounds of his
membership of a group characterized by race, color, ancestry or national or ethnic origin,
or religion insofar as it is used as the pretext for abuse on one or other of the grounds
mentioned, or against a group of persons distinguished by one of these characteristics
shall be punishable by a prison term of six (6) months to seven (7) years and a fine of
1,000,000 to 10,000,000 francs.
Article 431-41
Anyone who intentionally denies or expresses approval of or justification for acts
constituting genocide or crimes against humanity through a computer system shall be