SCC Art. 197 -

Einleitung zur Rechtsnorm SCC:

Art. 197 SCC from 2025

Art. 197 Pornography ⁽¹⁾

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 lis 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 lis or recordings 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 lis or recordings as described in paragraph 1 above that contain sexual acts involving animals 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 lis or recordings contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty. ⁽²⁾

⁵ Any person who consumes or who for their own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise lis or recordings as described in paragraph 1 above that contain sexual acts involving animals 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 lis or recordings contain genuine sexual acts with minors, a custodial sentence not exceeding three years or a monetary penalty shall be imposed. ⁽²⁾

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

⁷ … ⁽⁴⁾

⁸ Any person who produces, possesses or consumes lis or recordings as described in paragraph 1 above involving a minor or makes such lis or recordings accessible to the person shown shall not commit an offence provided:

8bis It shall not be an offence for a minor to produce, possess or consume lis or recordings as described in paragraph 1 or to make the same accessible to another person with that person’s consent.The person who makes these lis or recordings accessible shall not commit an offence by possessing and consuming them provided:

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.