What penalties exist in Germany for using underage actors in porn?
Executive summary
Germany prohibits sexual content involving real minors and has recently changed penalties: possession, acquisition and distribution of child pornography remain illegal but were reclassified in 2024–2025 with reduced minimum sentences — possession’s statutory minimum fell from one year to three months and distribution’s minimum fell from one year to six months [1] [2] [3]. Separate youth- and media-protection laws bar making pornographic material available to those under 18 and require age‑verification and platform reporting duties [4] [5] [6].
1. What the Criminal Code actually outlaws: real-child sexual material
German criminal law specifically outlaws child pornography involving real minors: distribution, acquisition and possession of such material are criminal offences under Section 184b StGB (as discussed across reporting) and remain illegal even after the 2024 parliamentary changes [7] [3]. The Federal Criminal Police Office and prosecutors continue to treat these offences seriously and platforms have deletion and reporting obligations for such material [6] [8].
2. Penalties changed — lower minimum sentences, but not “decriminalisation”
Parliament voted in 2024 to reduce statutory minimum sentences for offences under the child‑pornography provision: the minimum for possession was lowered from one year to three months, and for distribution from one year to six months, and some offences were downgraded from a crime (Verbrechen/felony) to a misdemeanor in classification and penalties [1] [2] [9]. Multiple fact‑checks warn that calling this a “decriminalisation” is inaccurate: the acts remain unlawful and still carry custodial and other penalties [3] [10].
3. Distinguishing “child” from “youth” porn and legal nuances
German law draws legal distinctions between material involving children and material involving older adolescents; the law’s historical reforms and court decisions have produced a nuanced, sometimes complex, regime. Some reporting notes that “youth pornographic content” involving persons over 14 can be treated differently, with narrower rules about mere possession for private use, while material clearly depicting children remains absolutely prohibited [7] [4]. Available sources do not outline every evidentiary threshold courts use to determine age or consent.
4. Media- and platform-level rules: age verification and reporting
Beyond the criminal code, Germany’s Youth Protection Act and the Interstate Treaty on the Protection of Minors in the Media prohibit making pornographic material available to under‑18s and create administrative obligations for platforms and broadcasters [4] [5]. Since 2022 platforms have deletion and reporting duties for offences including child pornography, and state media authorities can impose access blocks or fines for non‑compliance [6] [11].
5. Enforcement and practical consequences for producers and platforms
For producers, distributors or platform operators who use underage performers or make pornographic content available to minors, consequences can include criminal prosecution under Section 184b with the penalties described above, plus administrative sanctions such as site blocking or fines under media‑protection rules; law enforcement coordination at the BKA level treats online child‑pornography investigations as a priority [8] [4] [11]. Reporting and deletion duties mean platforms face operational obligations even when criminal prosecutions are pursued [6].
6. How the public debate and reporting has framed the reform
News outlets and fact‑checkers emphasize that the 2024/2025 legal adjustments sparked confusion and disinformation: social posts claiming Germany “decriminalised” possession were debunked by Reuters, Snopes and others; those sources stress the legal effect was lower minimum sentences and reclassification, not abolition of penalties [1] [3] [10]. Critics and defenders offered competing frames: some welcomed proportionality and prosecutorial discretion; others warned the change risks weaker deterrence [9] [2].
7. Limitations in available reporting and outstanding questions
Available sources describe statutory minimums and administrative duties but do not detail sentencing practice after the reform, how prosecutors will apply the new misdemeanor framing in borderline cases, nor the full scope of non‑custodial sanctions [1] [9]. Sources also do not provide a comprehensive list of recent convictions or empirical data showing whether the legal change altered enforcement outcomes — those details are not found in current reporting [1] [3].
8. Practical takeaway for producers, platforms and the public
Using underage actors in porn involving real minors remains a criminal offence in Germany and carries prison exposure and administrative penalties; the statutory minimums were reduced in recent legislation but the acts are not legal or tolerated [1] [2] [3]. Platforms and businesses must comply with age‑verification, deletion, and reporting duties or face administrative sanctions and cooperation with law enforcement [5] [6] [11].