Skip to main content

4. Is it an offence to watch a live pornographic performance by a child?

It is an offence under section 138A of the Crimes Ordinance (Cap. 200) to use, procure or offer another person who is under the age of 18 for making pornography, or for a live pornographic performance, in which that other person is or is to be pornographically depicted.

 

If the offence is committed in relation to a person under the age of 16, the maximum penalty is a fine of $3,000,000 and imprisonment for 10 years. If the person pornographically depicted is aged 16 or above but under 18, the maximum penalty of a fine of $1,000,000 and imprisonment for 5 years.

 

It is a defence to a charge under section 138A if the person pornographically depicted is above the age of 16 but under 18, that person consented to being so depicted and the pornography was made or performed solely for the personal use of the Defendant and the person depicted.

 

Though the prohibited activities within section 138A do not cover watching a live pornographic performance by a child, depending on the extent of involvement, one who participates in watching the live performance may be guilty of the offence of aiding and abetting the commission of the section 138A offence.

Last revision date: