Judgment No. 15261/2023: Child Corruption and Video Chats, a New Legal Horizon

Judgment No. 15261 of March 23, 2023, by the Court of Cassation represents an important benchmark in the field of legislation on child corruption. Specifically, the Court ruled that the crime of child corruption, provided for by Article 609-quinquies of the Criminal Code, can be established even when sexual acts are performed and shared remotely, via video chat, in the presence of a minor under fourteen years of age.

The Legal Context of the Judgment

The Court's decision is based on a broad interpretation of the notion of "presence" in relation to sexual acts. The judgment clarifies that the use of telecommunication means, such as video chat, does not exempt the perpetrator from criminal liability, as it allows the acts to be considered as committed in the presence of the victim. This position aligns with the growing attention of jurisprudence towards the protection of minors in the context of new technologies.

Crime of child corruption – Performance of sexual acts in the presence of a minor under fourteen years of age for the purpose of having them witness – Performance via video chat – Configurability of the crime – Reasons. The crime of child corruption, committed by performing sexual acts in the presence of a person under fourteen years of age for the purpose of having them witness, as referred to in Article 609-quinquies, first paragraph, of the Criminal Code, is also applicable when such acts, although performed remotely, are shared with the minor via video chat during their commission, given that the telecommunication means, intentionally used by the perpetrator, allows the acts to be considered committed in the presence of the victim.

Practical Implications of the Judgment

This ruling has several practical implications, including:

• An intensification of responsibilities for those who use technology to commit crimes against minors.
• Greater protection for minors, who can be exposed to risky situations even in digital environments.
• An invitation for legislators to reflect on existing regulations, in order to include specific provisions for cybercrimes.

Conclusions

Judgment No. 15261/2023 marks a significant step in the fight against child corruption offenses, highlighting how modern technologies can be used to perpetrate illicit acts. It is crucial for society and institutions to work in synergy to ensure the protection of minors, even in the digital context, and for jurisprudence to continue evolving to address the challenges posed by this new reality.