83 Amendments of Francisco ASSIS related to 2024/0035(COD)
Amendment 55 #
Proposal for a directive
Recital 7
Recital 7
(7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material 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 comprehensive and 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, the Council of Europe Strategy on the Rights of the Child, the United Nations Declaration of the Rights of the Child and the United Nations Convention on the Rights of the Child.
Amendment 62 #
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material 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 intimate 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, 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 71 #
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. 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.Does not affect the English version.)
Amendment 77 #
Proposal for a directive
Recital 12
Recital 12
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of legislative harmonisation creates an uneven level of protection across the EU.
Amendment 78 #
Proposal for a directive
Recital 13
Recital 13
(13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalisedonsidered as an aggravating circumstance of the crime and the culpability of the perpetrator.
Amendment 86 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to impose financial penaltiesanctions in addition to imprisonm sentence.
Amendment 91 #
Proposal for a directive
Recital 21
Recital 21
(21) Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material should be criminalised. To be criminally liable, the person should both intend to enter an online location where child sexual abuse material is available and know that such material can be found there. Penalties should not be applied to persons inadvertently accessing online locations containing child sexual abuse material . The intentional nature of the offence may notably be deduced from the fact that it is recurrent or that the offence was committed via a service in return for payment.
Amendment 96 #
Proposal for a directive
Recital 22
Recital 22
(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off- line grooming’, Member States should ensure that they prosecutehold the perpetrators of such offences criminally liable.
Amendment 105 #
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 social, 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 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 112 #
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time.Does not affect the English version.)
Amendment 117 #
Proposal for a directive
Recital 32
Recital 32
(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate throughwith each other and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.
Amendment 120 #
Proposal for a directive
Recital 35
Recital 35
(35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union face prosecutionare held criminally liable even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel and tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children. Where the sexual exploitation of children in travel and tourism takes place outside the Union, Member States are encouraged to seek to increase, through the available national and international instruments including bilateral or multilateral treaties on extradition, mutual assistance or a transfer of the proceedings, cooperation with third countries and international organisations with a view to combating sex tourism. Member States should foster open dialogue and communication with countries outside the Union in order to be able to prosecute perpetrators, under the relevant national legislation, who travel outside the Union borders for the purposes of the sexual exploitation of children in travel and tourism .
Amendment 126 #
Proposal for a directive
Recital 36
Recital 36
(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a specilegal representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.
Amendment 130 #
Proposal for a directive
Recital 38
Recital 38
(38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term specialized assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation.
Amendment 137 #
Proposal for a directive
Recital 43
Recital 43
(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. The initiatives aimed at society at large should include campaigns that educate on how to react when confronted with the disclosure of abuse by a victim. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.
Amendment 148 #
Proposal for a directive
Recital 57
Recital 57
(57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. Member States should work towards the prohibition of the use of terminology such as ‘teen’ or ‘child’ on all websites containing pornographic material, including those where the material itself is legal and does not consist of child sexual abuse material. _________________ 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1
Amendment 152 #
Proposal for a directive
Recital 60
Recital 60
(60) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to the protection of human dignity, the prohibition of torture and inhuman or degrading treatmentabuse or punishment, the rights of the child, the right to liberty and security, the right to freedom of expression and information, the right to the protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. This Directive seeks to ensure full respect for those rights and principles and must be implemented accordingly.
Amendment 164 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘consent’ of the child above the age of sexual consent means any freely given, specific, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances;
Amendment 173 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depiction of the sexual organs or intimate parts of a child for primarily sexual purposes;
Amendment 176 #
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 intimate parts of any person appearing to be a child, for primarily sexual purposes;
Amendment 182 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs or intimate parts of a child, for primarily sexual purposes;
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d a (new)
Article 2 – paragraph 1 – point 3 – point d a (new)
(d a) any material, including audio, that describes a child engaged in real or simulated sexually explicit conduct, for primarily sexual purposes;
Amendment 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) a child engaged in real or simulated sexually explicit act or conduct; or
Amendment 205 #
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 intimate parts of a child for primarily sexual purposes;
Amendment 225 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘hotline’ means an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State.
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
Article 3 – paragraph 4 – subparagraph 1 (new)
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 8 years where the child is above the age of sexual consent and: a) does not consent to the act with a peer; or; b) is caused to engage in sexual activities with a person who is not a peer.
Amendment 266 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities with a third party 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 287 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 9 – introductory part
Article 3 – paragraph 9 – introductory part
9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:
Amendment 293 #
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, orn act or conduct is to be considered non-consensual also where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;
Amendment 299 #
Proposal for a directive
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
(c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct cannot be considered as having given consent.
Amendment 360 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.
Amendment 364 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
These conditions mayshall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.
Amendment 366 #
Proposal for a directive
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Member States shall ensure that authorisations for an organisation acting in the public interprovide a legal framework for hotlines to harmonise their role and competencest against child sexual abuse referred to in paragraph 7 allow some ornd to ensure that authorisations for such organisations allow all of the following activities to:
Amendment 371 #
Proposal for a directive
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
b. promptly notify the reported illegal content to the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;
Amendment 374 #
Proposal for a directive
Article 5 – paragraph 8 – point d a (new)
Article 5 – paragraph 8 – point d a (new)
d a. cooperate directly with national service providers in notice and take-down procedure, with consent from the responsible national law enforcement authority.
Amendment 384 #
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), Article 4 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 1 year;
Amendment 396 #
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 1 year where use is made of coercion, force or threats, including the threat of sharing or disseminating intimate or manipulated materials.
Amendment 402 #
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 months.
Amendment 409 #
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation ofto commit sexual abuse or exploitation
Amendment 416 #
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 10 years.
Amendment 424 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 3(2) and (4) shall not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.
Amendment 430 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 4(4) shall not appliesy to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.
Amendment 434 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 438 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 6 shall not appliesy to proposals, conversations, contacts or exchanges between peers, in so far as they did not involve any abuse.
Amendment 444 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
For the purpose of paragraphs 1 to 4, where a child above the age of sexual consent can be considered as havinghas consented to an activity only where, they consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstancesan withdraw their consent at any moment.
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3
Article 10 – paragraph 5 – subparagraph 3
Amendment 453 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video, including in a manipulated or altered version.
Amendment 457 #
Proposal for a directive
Article 11 – paragraph 1 – point -a (new)
Article 11 – paragraph 1 – point -a (new)
(-a) the age of the child against whom the offence was committed;
Amendment 468 #
Proposal for a directive
Article 11 – paragraph 1 – point h a (new)
Article 11 – paragraph 1 – point h a (new)
(h a) the offender posed as a minor or a peer;
Amendment 469 #
Proposal for a directive
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(j a) the offence was committed due to a motive based on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation as per Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 473 #
Proposal for a directive
Article 11 – paragraph 1 – point j b (new)
Article 11 – paragraph 1 – point j b (new)
(j b) the offence was committed within the context of a conversion therapy practice
Amendment 482 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information from the authorities to the requesting party concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.
Amendment 501 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
(a) at least 230 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;
Amendment 510 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
(b) at least 235 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;
Amendment 515 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
(c) at least 340 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.
Amendment 556 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the offender is one of their nationals or residents.
Amendment 557 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 , 6 and 8 , and in so far as is relevant, in Articles 3 , 4, 7 and 9 , is committed by means of information and communication technology accessed from their territory, whether or not ithe intermediary service provider is based on their territory.
Amendment 558 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. For the prosecution of any of the offences referred to in Article 3(4), (5) , (6), (7), and (8), Article 4(2), (3), (5), (6) and (7) , Article 5(6) , Article 7 and Article 8 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinatedject to the condition that the acts areconduct referred to in those Articles is punishable as a criminal offence atin the placState where they were performedit was carried out.
Amendment 559 #
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. For the prosecution of any of the offences referred to in Articles 3 to 9 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinatedject to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.
Amendment 561 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child irrespective of whether they have filed a formal complaint.
Amendment 564 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article20a Specialist support for child victims of child sexual abuse or sexual exploitation 1. Member States shall provide for appropriately equipped and easily accessible referral centres for victims of child sexual abuse or exploitation that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence. The centres referred to in the first subparagraph shall provide trauma- sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims, after the offence has been committed. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner. 2. Member States shall provide for child victims of sexual abuse or exploitation to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law. 3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week. 4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State. 5. Member States may provide that these centres are attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence.
Amendment 586 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members taking into account the best interest of the child, where necessary in temporary or permanent housing, equipped with support services.
Amendment 590 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 626 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.
Amendment 633 #
Proposal for a directive
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. Paragrapghs 3 to 7 shall apply to child witnesses who are not themselves victims.
Amendment 634 #
Proposal for a directive
Article 22 – paragraph 7 b (new)
Article 22 – paragraph 7 b (new)
7 b. Member States shall ensure that all protection measures devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.
Amendment 666 #
Proposal for a directive
Article 26 – title
Article 26 – title
Amendment 667 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Each Member States shall take appropriate measures to prevent or prohibit:the necessary measures to ensure that travelling to a country other than that Member State for the purpose of committing, or contributing to the commission of any of the offences referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.
Amendment 668 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
Amendment 669 #
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 670 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article26a Organising or otherwise facilitating travelling for the purpose of sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that any act of organisation or facilitation for others, whether or not for commercial purposes, that assists any person in travelling for the purposes of committing any offences as referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.
Amendment 671 #
Proposal for a directive
Article 26 b (new)
Article 26 b (new)
Article26b Other offences related to sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children, include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8; and; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8.
Amendment 672 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed. This shall include channels with a low threshold of access such as helplines and online chats run by appropriately trained personnel. Member States shall equally ensure that resources and support groups are available for persons who fear that their family member might have committed any of the offences referred to in Articles 3 to 9.
Amendment 684 #
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 , age-appropriate sexual education focusing on the notion of consent, 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.
Amendment 687 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall promoteoffer regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation based on the guidelines as referred to in article 17(5). This training shall be made mandatory for the professionals referred to in article 17(3).
Amendment 693 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, sports clubs or religious communities.
Amendment 701 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
(c a) the creation of helplines, online chats or other channels with a low- threshold of access run by appropriately trained personnel, where children can discuss matters that are concerning to them and can be provided with advice.
Amendment 722 #
Proposal for a directive
Article 29 – paragraph 5 – point b
Article 29 – paragraph 5 – point b
(b) consentagree to their participation in the programmes or measures with full knowledge of the facts;