Bill specifies child porn offences

It may sound surprising, but the Cayman Islands heretofore has not set down specific offences for production and possession of child pornography. A bill set to come before the Legislative Assembly, possibly later this year, seeks to change that and “curtail the sexual exploitation of children”.  

Proposed amendments to the Cayman Islands Penal Code and also to the territory’s Criminal Procedure Code make specific criminal offences related to child porn and also set down how those offences should be tried before a court.  

A child in the Cayman Islands is anyone under the age of 17. “Child pornography” refers to material that visually depicts a child or someone who appears to be a child engaged in sexually explicit conduct, or “realistic images” representing a child engaged in such conduct.  

Under the bill, if it is approved, newly amended sections of the Penal Code would make it illegal to possess an indecent photograph of a child and makes it an offence to make or be in possession of child porn.  

The publication of child pornography through a computer system, as well as the possession of child pornography on a computer system and accessing such material using a computer system is an offence under the proposed amendments.  

“A defence may be raised in certain specific circumstances involving legitimate research,” the bill reads.  

It would also be illegal to distribute, publish or show such offensive material, according to the bill.  

All such offences related to child pornography are defined under the Criminal Procedure Code as “class B” criminal offences and all 10 separate criminal charges carry a maximum sentence of 12 years imprisonment upon conviction. The same sentence could potentially be given for accessing and possessing child porn as would be given for importation and distribution of that material.  

Cayman has a number of statutes that prohibit the importation and distribution of pornography in general. It also prohibits injury to a child through abuse or neglect.  

Penal Code sections also prohibit statutory rape, but there are no specific provisions that address child pornography specifically. 

Cayman Islands Courthouse - palm tree

Cayman Islands courthouse
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1 COMMENT

  1. This is so ridicules that this has not been done yet! We really need to have this in place asap! It is not surprising to hear that we are so behind in many area’s compared to other First World Country’s! Politicians stop fighting and deal with our over all problems in this Country!