Naked photos via IM
April 11th, 2008, Tomasz RychlickiThe Polish newspaper Gazeta Wyborcza published an article on its website www.gazeta.pl about Polish teenager who was sentenced for sending naked photos of his friend through the IM (Gadu-Gadu).
The boy (now 19 years old) pleaded guilty and was convicted for 1,5 year of jail time. As a probation the sentence is in the stay of execution for 3 years. The girl was living in a small town of Chełmża and she said she just wanted to impress her friend from a school - Paweł G. She took her naked pictures in 2006 (she was 14 years old) and sent them to him via Gadu-Gadu. After couple of days all town was talking about those pictures. Students were sending these photos to each others via cellphones and over the Internet. The principal of the school where those students were attending has informed a prosecuting attorney and the local department of education about this issue.
My dear English readers, I have to admit that I’d like to write more about this case but the biggest problem is with Polish courts (and my English skills ;) which do not publish such judgments. It is also hard to say on which grounds the prosecution based its charges. It was probably the Polish Penal Code of 6 June 1997 (Kodeks Karny z dnia 6 czerwca 1997 r. Dziennik Ustaw Nr 88, poz. 553), Article 202:
§ 3. Whoever produces, for the purpose of dissemination or imports or propagates pornographic material in which minors under the age of 15 participate, or pornographic material associated with the use of violence or the use of an animal shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
§ 4. Whoever records pornographic material in which minors under the age of 15 participate, shall be subject to the penalty of the deprivation of liberty for a term of between one year and 10 years
§ 4a. Whoever gets, keeps or owns pornographic material in which minors under the age of 15 participate, shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.