2024/0391/NL
EC/EFTA
NL Niederlande
  • X00M - GÜTER, VERSCHIEDENE PRODUKTE
2024-10-11
2024-07-16

These are objects, with an external appearance of a child or of a body part of a child, intended to performsexual acts with.

Criminalisation of sex paraphernalia with the appearance of a child.

A new penal provision is added to the Criminal Code [Wetboek van Strafrecht], namely Article 253a, whichcriminalises: the distribution, offering, public display, manufacture, import, transit, export, acquisition or possession of an object intended to perform sexual acts with and which has an external appearance of a childor a body part of a child who has not reached the age of 16 years. This offence is punishable by a statutorymaximum penalty of 4 years of imprisonment or a fifth-category fine (EUR 103 000). If committing the offencebecomes a profession or habit, the statutory maximum penalty is 7 years of imprisonment or a fifth-categoryfine.

Article 253a of the Criminal Code is a technical regulation because it bans the import, marketing, use,possession, etc. of a product that meets the definition in the provision, such as a child sex doll or a child sexrobot. This total ban also makes it possible to exclude from the Dutch market such products which have beenlawfully placed on the market in another Member State. The Mutual Recognition of Goods Regulation appliesin this case.
The addition of Article 253a to the Criminal Code is part of the Online Child Pornographic Material(Administrative Law Approach) Act [Wet bestuursrechtelijke aanpak online kinderpornografisch materiaal],which establishes an Authority which is responsible for making online child pornography material inaccessible.The remainder of that Act does not contain any notifiable regulations. Article 253a shall not enter into forceuntil the notification procedure is completed.