Standardization vs. perversion: some words about the concept of child pornography

Abstract

The concept of child pornography included in the Criminal Code responds to the approaches of Directive 2011/92/EU, incorporating the so-called virtual pornography and technical pornography. This decision represents a significant setback in the characterization of sexual crimes as crimes against sexual freedom, assuming the protection of a certain sexual morality. In this research, we will resort to the classification of paraphilic disorders included in the DSM 5 to find out if there is a scientific basis on which to base the pathological character of all behavior related to pedophilia, even in the face of low risk material, or on the contrary, the danger of injury to the sexual integrity of minors should not be considered in these cases.