28 Amendments of Georgiana TEODORESCU related to 2024/0035(COD)
Amendment 53 #
Proposal for a directive
Recital 4
Recital 4
(4) Child sexual abuse material, generated by artificial intelligence or created through any other computerised means, and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the Internet.
Amendment 56 #
Proposal for a directive
Recital 7
Recital 7
(7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material, generated by artificial intelligence or created through any other computerised means, require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.
Amendment 60 #
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or private parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, including those generated by artificial intelligence or created through any other computerised means, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .
Amendment 67 #
Proposal for a directive
Recital 11
Recital 11
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation, generated by artificial intelligence or created through any other computerised means. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep- fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.
Amendment 98 #
Proposal for a directive
Recital 23
Recital 23
(23) In light of recent technological developments and, in particular, of the development artificial intelligence, and of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.
Amendment 103 #
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The sexual exploitation of children, including through prostitution and pornography, regardless of their age, must be criminalised. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference).
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(a) any material that visually depicts a child engaged in sexually explicit conduct that is real, or simulated sexually explicit conductgenerated and simulated by artificial intelligence or created through any other computerised means;
Amendment 175 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
(c) 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 or private parts of any person appearing to be a child, for primarily sexual purposes;
Amendment 180 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) realistic images , including those generated by artificial intelligence or created through any other computerised means, reproductions or representations of a child engaged in sexually explicit conduct, or of the sexual organs or private parts of a child, for primarily sexual purposes;
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organs or private parts of a child for primarily sexual purposes;
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 13 years.
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 23 years.
Amendment 262 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) use is made of coercion, force or threats, threats or offering remuneration or consideration shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 330 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution, shall be punishable by a maximum term of imprisonment of at least 810 years if the child has not reached the age of sexual consent, and of at least 45 years of imprisonment if the child is over that age.
Amendment 338 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 12 years.
Amendment 343 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse materialincluding that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 12 year.
Amendment 348 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 25 years.
Amendment 352 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 25 years.
Amendment 355 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, shall be punishable by a maximum term of imprisonment of at least 35 years.
Amendment 388 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 12 years;
Amendment 391 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 25 years where use is made of coercion, force or threats.
Amendment 393 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months one year.
Amendment 397 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1two and a half years where use is made of coercion, force or threats.
Amendment 399 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months1 year.
Amendment 404 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1two and a half years where use is made of coercion, force or threats.
Amendment 413 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 35 years.
Amendment 417 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 12 years.
Amendment 681 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation; they shall not engage in strategies that promote the WOKE agenda. At the same time, sex education in the schools of those Member States that implement it shall focus on informing pupils with a view to protecting them and making them aware so that they do not fall victim to sexual abuse or exploitation, and shall not distort this end, for instance to promote the WOKE agenda and other types of families other than the traditional family.