Iirc the intent of the past two changes was to make liable for punishment both content of sexual acts done to or by the underage victim, as well as the content where an underage victim is simply in the content in any way, posing or being unwillingly or unknowingly photographed. The latter so as to cover the problem of images (selfies, own content) being spread around, but also to cover cases of abuse that wasn't clear physical sexual abuse in the previous conception.
They did this first by adding the new b) and c) under (1.) in both 184b and 184c StBG, for posing. Subsequently they raised the minimum punishment in 2021 to make all liability under 184b a criminal liability due to the one year minimum. The only exception is the clause under ^2 that limits non-factual/non-realistic acts, think writing, art, etc. 184c remained unchanged as far as minimum punishment is concerned.
If you observe StGB 184b you'll notice that it makes it so that the liability will be imposed on anyone who distributes or otherwise makes public, obtains, offers, takes with intent or possesses that which is as described under (1.)-1-a/b/c (child content) is liable to prosecution.
Caveat here is that children (under 14) are not liable for criminal prosecution, they're Schuldunfähig. This is pretty standard EU-wide, and comes from Roman law originally.
In StGB 184c, you will find the operative clause under (1.) and the exception under (4 ), and this article is about the "youth" category, meaning underage but older than 14.
As you'll notice there, the minimum punishment is less than a year and there's the possibility of having to pay a fine.
No matter the article, in both cases, taking a selfie means you're Strafbar, liable (punishable). However, per article 12 StGB, only 184b is a crime, 184c is a misdemeanor, provided the unlawful act is punished with a sentence under 1 year or a fine, yet leaves the door open for criminal liability of a perpetrator who commits a heinous act against a 16 year old, for example. The child under 14 goes "straflos" and is criminally not liable, even in the scenario where that 14yo is a perpetrator. Those aged 14 until 18 are then subject to juvenile criminal law which focuses on rehabilitation over punishment. More importantly, remember the minimum punishment is under a year, allowing the judge to just throw it out as proportionality is nowhere to be found here, if such a case even sees the court, regardless.
So yes, technically you can take a pic of your naked self as a minor and become a criminal because of it, but only in the sense that very mundane, trivial infractions can do the same in any legal system across the world. Almost exclusively limited to it being a criminal act, as opposed to criminal charges by formal accusation from LE.
The only odd part is the broad application on self-owned content, but that seems preferable to letting abusers escape due to the previous loose application.
They did this first by adding the new b) and c) under (1.) in both 184b and 184c StBG, for posing. Subsequently they raised the minimum punishment in 2021 to make all liability under 184b a criminal liability due to the one year minimum. The only exception is the clause under ^2 that limits non-factual/non-realistic acts, think writing, art, etc. 184c remained unchanged as far as minimum punishment is concerned.
If you observe StGB 184b you'll notice that it makes it so that the liability will be imposed on anyone who distributes or otherwise makes public, obtains, offers, takes with intent or possesses that which is as described under (1.)-1-a/b/c (child content) is liable to prosecution. Caveat here is that children (under 14) are not liable for criminal prosecution, they're Schuldunfähig. This is pretty standard EU-wide, and comes from Roman law originally. In StGB 184c, you will find the operative clause under (1.) and the exception under (4 ), and this article is about the "youth" category, meaning underage but older than 14. As you'll notice there, the minimum punishment is less than a year and there's the possibility of having to pay a fine.
No matter the article, in both cases, taking a selfie means you're Strafbar, liable (punishable). However, per article 12 StGB, only 184b is a crime, 184c is a misdemeanor, provided the unlawful act is punished with a sentence under 1 year or a fine, yet leaves the door open for criminal liability of a perpetrator who commits a heinous act against a 16 year old, for example. The child under 14 goes "straflos" and is criminally not liable, even in the scenario where that 14yo is a perpetrator. Those aged 14 until 18 are then subject to juvenile criminal law which focuses on rehabilitation over punishment. More importantly, remember the minimum punishment is under a year, allowing the judge to just throw it out as proportionality is nowhere to be found here, if such a case even sees the court, regardless.
So yes, technically you can take a pic of your naked self as a minor and become a criminal because of it, but only in the sense that very mundane, trivial infractions can do the same in any legal system across the world. Almost exclusively limited to it being a criminal act, as opposed to criminal charges by formal accusation from LE. The only odd part is the broad application on self-owned content, but that seems preferable to letting abusers escape due to the previous loose application.