Criminal Code (Cap. 9), article 208D

208D. (1) Whosoever, for gain, distribution, or for display in a public place or in a place accessible to the public, manufactur es, prints, or otherwise makes, or i ntroduces into Malta, or acquir es, keeps, puts into circulation or exports, any extreme pornograph ic image shall, on conviction, be l iable to imprisonment for a ter m from eighteen months to three years or to a fine ( multa ) of not less than three thousand euro (€3,000) and not more than six thousan d euro (€6,000), or to both such imprisonment and fine. (2) Whosoever trades in any image mentioned in sub-article (1), even if such trade is clandestine, or distributes any such image or displays any such image in public or in a place accessible t o the public, shall, on conviction, be liable to the punishment presc ribed in sub-article (1). (3) It is a defence for a person charged with an offence under this article to show that: (a) he had a legitimate reason for being in possession of the image concerned; (b) he had not seen the image concerned in any material, article or communication obtained or received by him and did not know, nor had any cause to suspect that such material, article or communication contained an extreme pornographic image; (c) he was sent the image concerned without any prior request having been made by him or on his behalf: Provided that it shall not be a defence under this paragraph if such person has seen, or is reasonably suspected to have seen the image, and kept the image concerned for an unreas onable amount of time; (d) he directly and consentingly participated in the act depicted in the image: Provided that it shall not be a defence under this paragraph if such person shows, gives or offers for sale the image to any person who was not a direct participant in the act depicted: Provided further that it shall neither be a defence 110 CAP . 9.] CRIMINAL CODE under this paragraph if the act depicted in the image involves: (i) an act of rape or other non-consensual penetrative activity; (ii) an act of necro philia or bestiality; (iii) a sexual act or image involving a minor. (4) For the purposes of this article an image shall be regarded as an extreme pornographic image i f it is so described or defin ed by regulations made under sub-article (5) or is otherwise to be so regarded in accordance with any r egulation made as aforesaid. (5) The Minister responsible for justice shall make regulations for the purpose of describing or defining or otherwise establis hing what is to be regarded as an extreme pornographic image for the purposes of this article and m ay by such reg ulations make provision regarding the criteria to be followed for that purpos e and may make different provisions fo r different circumstances and different purposes. Non-consensual taking or disclosure of private sexual photographs and films. Added by: XXXVII.2016.7. Amended by: XIII.2018.24; XXIV .2019.4.