Cod penal, Art. 374, Pornografia infantilă (Child Pornography, Including Simulated or Computer-Generated Depictions of Minors)
Codul penal (Legea nr. 286/2009) art. 374, alin. (4) astfel cum a fost modificat prin Ordonanța de urgență nr. 18/2016, publicată în Monitorul Oficial nr. 389 din 23 mai 2016
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 23 May 2016.
An AI prohibited practices rule binding public and private bodies.
As of 7 September 2026.
What it requires
- Do not produce, possess, procure, store, exhibit, promote, distribute, or make available material that credibly simulates a minor in sexually explicit conduct, including a synthetic or computer-generated image with no real person behind it, per Cod penal art. 374(1) and (4).
- Do not access such material through a computer system or another electronic communications means; the penalty rises where the material is produced, stored, or distributed through a computer system, per Cod penal art. 374(2)-(3).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Producing, possessing, procuring, storing, exhibiting, promoting, distributing, or making available prohibited material, including a synthetic or computer-generated image that credibly simulates a minor in sexually explicit conduct, carries 1 to 5 years' imprisonment (art. 374(1)), rising to 2 to 7 years where committed through a computer system or another means of storing computer data (art. 374(2)). Accessing such material through a computer system or electronic communications carries 3 months to 3 years' imprisonment or a fine (art. 374(3)). Inducing or recruiting a minor for a pornographic performance, profiting from one, or otherwise exploiting a minor for one carries the same 1 to 5 years (art. 374(1^1)); watching such a performance carries 3 months to 3 years' imprisonment or a fine (art. 374(1^2)). Where the offender is a family member, a person responsible for the minor's care or education, or a person who abused a position of trust or authority over the minor, or where the act endangered the minor's life, the special limits rise by one third (art. 374(3^1)). Attempt is punishable (art. 374(5)).
What it reaches
Obligation class
Prohibition
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Cod penal art. 374 defines prohibited child-pornography material to include, since a 2016 amendment, an image that does not depict a real person but credibly simulates a minor in sexually explicit conduct, bringing AI-generated, deepfake or otherwise synthetic material within the same ban that reaches real-person depictions. The same definition reaches any representation of a child's genitals for a sexual purpose.
Producing, possessing, storing, exhibiting, promoting, distributing, or making such material available carries 1 to 5 years' imprisonment. That penalty rises to 2 to 7 years where the offence is committed through a computer system or another means of storing computer data. Accessing such material through a computer system or electronic communications carries 3 months to 3 years' imprisonment or a fine.
When LexLint raises it
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