Section 23: Child pornography and related offences

1 A person who intentionally uses any computer system or network in or for-
a producing child pornography,

b offering or making available child pornography,
c distributing or transmitting child pornography,
d procuring child pornography for oneself or for another person,

e possessing child pornography in a computer system or on a computer-data storage medium:

commits an offence under this Act and is liable on conviction-
(i) in the case of paragraphs (a), (b) and (c) of this subsection, to imprisonment for a term of 10 years or a fine of not more than =N20,000,000.00 or both, and
(ii) in the case of paragraph (d) and (e) of this subsection, to imprisonment for a term of not more than 5 years or a fine of not more than =N10,000,000.00 or both.

2 A person who knowingly makes or sends other pornographic images to another computer by way of unsolicited distribution commits an offence and is liable on conviction to imprisonment for a term of 1 year or a fine of =N250,000.00 or both.

3 A person who intentionally proposes grooms or solicits, through any computer system or network, to meet a child for the purpose of:
a engaging in sexual activities with the child;
b engaging in sexual activities with the child where-
(i) use is made of coercion, inducement, force or threats,
(ii) abuse is made of a recognized position of trust, authority or influence over the child, including within the family, or
(iii) abuse is made of a particularly vulnerable situation of the child, mental or physical disability or a situation of dependence;
c recruiting, inducing, coercing, exposing, or causing a child to participate in pornographic performances or profiting from or otherwise exploiting a child for such purposes; commits an offence under this Act and is liable on conviction-
(i) in the case of paragraph (a) of this subsection, to imprisonment for a term of not more than 10 years and a fine of not more than =N15,000,000.00, and
(ii) in the case of paragraphs(b) and (c) of this subsection, to imprisonment for a term of not more than 15 years and a fine of not more than =N25,000,000.

4 For the purpose of subsection (1) of this section, the term "child pornography" includes pornographic material that visually depicts-
a a minor engaged in sexually explicit conduct;
b a person appearing to be a minor engaged in sexually explicit conduct; and

c realistic images representing a minor engaged in sexually explicit conduct.

5 For the purpose of this section, the term "child" or "minor" means a person below 18 years of age.