Swiss Criminal Code (SCC)

Art. 197SCC from 2023

Art. 197

¹ Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. Any person who exhibits in public items or performances as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence.

³ Any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

⁴ Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.

⁵ Any person who consumes or who for his or her own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

⁶ In the case offences under paragraphs 4 and 5, the items shall be forfeited.

⁷ If the offender acts for financial gain, the custodial sentence must be combined with a monetary penalty.

⁸ Minors over the age of 16 are not liable to any penalty if by mutual consent they produce items or performances as described in paragraph 1 above that involve each other, or possess or consume such items or performances.

⁹ Items or recordings as described in paragraphs 1–5 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.

²⁴⁴ Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).

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