Commentary on Judgment No. 39124 of 2024: The Offense of Producing Child Pornography Material

The recent judgment No. 39124 of February 20, 2024, by the Court of Cassation has raised important issues regarding the definition and application of the offense of producing child pornography material. In particular, the Court has clarified what is meant by "utilization" of minors in the creation of pornographic content, shedding light on grooming and inducement practices that exploit deception.

The Case Examined

In the specific case, the defendant S. P.M. was accused of inducing minors to create and transfer child pornography videos, using a fake profile on a social platform. This stratagem, which involved impersonation, prevented the victims from providing free and informed consent, a central element in assessing criminal liability.

The Concept of Utilization

Offense of producing child pornography material - "Utilization" - Notion - Inducement of a minor to create child pornography material through impersonation - Inclusion - Reasons - Factual circumstances. In the context of child pornography, the inducement of individuals under eighteen to create and transfer child pornography videos, carried out through the deception of impersonation and therefore in the absence of valid and free consent from the victims, falls within the notion of "utilization" of minors for the production of pornographic material, as per Article 600-ter, paragraph one, no. 1, of the Italian Criminal Code. (Factual circumstances relating to the grooming of minors through the use of a fake "account" on "Facebook" bearing a woman's name).

The Court has established that the inducement of minors to produce child pornography material through deceptive means falls within the concept of "utilization." This clarification is fundamental, as it offers greater protection to victims, emphasizing that the absence of consent can never be considered valid in such contexts.

Legal and Moral Implications

The consequences of this judgment are manifold:

• Strengthening the protection of minors: The judgment represents a step forward in the fight against child pornography, highlighting the responsibility of adults in protecting young people.
• Legal clarity: The definition of "utilization" offers greater certainty to both legal professionals and civil society.
• Prevention of abuse: The broad interpretation of the notion of inducement can contribute to preventing future abuses by discouraging similar practices.

In conclusion, judgment No. 39124 of 2024 represents an important contribution to Italian jurisprudence on offenses against persons and, in particular, against the individual liberty of minors. Through the analysis of complex cases of inducement and exploitation, the Court has demonstrated a firm will to protect the most vulnerable and to severely punish those found guilty of such offenses.

Conclusions

In light of the foregoing, it is evident how Italian jurisprudence is evolving to ensure a safer environment for minors, addressing with seriousness the challenges posed by technology and online grooming phenomena. Institutions, legal professionals, and civil society must collaborate to prevent and combat such offenses, so that similar situations do not recur.