Online Offences against Children
Children and teenagers are the group most exposed to strangers luring them on games and social media, asking them for pictures and then extorting them. Many parents do not know what to do when they find out. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out the provisions that protect minors in these situations.
Incitement and grooming
Article 399 of Penal Code No. 111 of 1969 punishes with detention anyone who incites a male or female under eighteen to immorality or to make vice a trade, or facilitates it. The penalty rises to imprisonment of up to ten years where the offender is a relative up to the third degree, someone responsible for the child's upbringing or supervision, someone with authority over the child, or acts for profit. Messages from an adult pushing a minor toward such conduct may fall under this article even if they never meet.
Requesting immoral acts
Article 402 punishes requesting immoral acts from another person, male or female, with a higher penalty for a repeat of the same kind within a year of the earlier judgment. Asking a child for private pictures through messaging apps is one form of this, and heavier provisions may follow depending on what comes next.
Indecent images and videos
Article 403 punishes, with detention of up to two years or a fine, anyone who makes, holds or transports for exploitation or distribution indecent pictures, films or similar material, and anyone who advertises, displays or distributes them by any means. Acting with intent to corrupt morals is an aggravating circumstance. Where the material involves a minor, that weighs in the court's assessment of gravity, and merely holding such material for distribution is punishable even if it is never published.
Extortion
Where an offender obtains pictures from a child and then threatens to publish them or send them to the family unless more are sent or money is paid, article 430 applies to the threat coupled with a demand and article 452 to forcing payment. See Online threats and extortion. Parents are better advised not to blame the child or confiscate the phone in a way that loses evidence, but to keep the phone as it is and hand it over.
Publication bans
Article 236(5) punishes publicly publishing names or pictures of victims of rape and sexual assault, and names or pictures of juvenile accused. Parents who post their child's story with a photo seeking sympathy, or pages that share it, may fall under this. See Reporter liability and publication during investigation.
Who complains
Article 1 of Criminal Procedure Code No. 23 of 1971 has the complaint made by the person harmed or whoever represents him legally, which for a minor is the guardian. Article 5 requires the investigating judge or court to appoint a representative for the victim where his interest conflicts with that of his representative or he has none, which matters when the offender is a family member. Article 48 requires any public servant who learns of an offence through his work, such as a teacher or doctor, to report it at once where proceedings do not need a complaint.
Protecting the child during investigation
Article 70 lets the investigating judge order a physical examination of the victim and requires a female to be examined by a female. Parents can ask for the child's statement to be taken in the guardian's presence and in a manner suited to the child's age, and ask that he not be questioned on the same details more often than the investigation needs.
Legal basis and sources
- Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 236, 399, 402, 403, 430 and 452
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 1, 5, 48 and 70
Frequently asked questions
Who complains for a child who was extorted?
The guardian, as the child's legal representative; the court appoints a representative where interests conflict, under articles 1 and 5 of the Criminal Procedure Code.
May I post the child victim's photo to seek help?
Article 236 punishes publishing names or pictures of sexual offence victims and juvenile accused.
Which provision protects a minor from incitement by message?
Article 399 of the Penal Code, with a heavier penalty where the offender is a relative or has authority over the child.
Related topics and articles
- 01Publishing Private Photos and ChatsPublishing private photos and chats without consent under article 438 of the Iraqi Penal Code: private life, disclosing messages and calls, professional secrets, the complaint and compensation.
- 02Online Threats and ExtortionHow the Iraqi Penal Code handles threats and extortion by phone and social media: articles 430, 431, 432 and 452, the complaint and its deadline, preserving evidence, and reconciliation.
- 03Reporter Liability and Publication during InvestigationThe limits on someone who files a complaint or posts about a case under investigation in Iraq: false reporting under article 243, protection for good-faith reporters, and banned publication under articles 235 and 236.
- 04Online Defamation and InsultDefamation, insult and smearing on Facebook, TikTok and WhatsApp under articles 433 to 436 of the Iraqi Penal Code: the difference, publicity, proving truth, the three-month complaint and compensation.
- 05Electronic FraudOnline fraud under Iraqi law: article 456 of the Penal Code, fake sellers, verification codes, mule accounts, territorial jurisdiction and recovering money.