38 Amendments of Tiziano MOTTI related to 2010/0064(COD)
Amendment 44 #
Proposal for a directive
Recital 8
Recital 8
(8) Investigating offences and, bringing charges in criminal proceedings and identifying the offender should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace; the anonymity of offenders in cyberspace must not be allowed to obstruct investigations and prevent the offender from being traced without delay. Member States should therefore take steps to ensure that cyberspace users remain anonymous in public but may be identified immediately in the event of an offence being committed, in particular in the online spaces in which there is the highest risk of grooming, such as social networks, forums, social platforms and blogs. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations.
Amendment 49 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should foster open dialogue and communication with countries outside the Union and work in a collaborative manner to ensure that offenders from the Union who travel outside its borders for purposes of sex tourism are, wherever possible, dealt with in a manner equivalent to that used for child abusers in their Member State of origin.
Amendment 52 #
Proposal for a directive
Recital 11
Recital 11
(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measures, including of an irreversible nature, on a voluntary basis.
Amendment 60 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 61 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Effective investigation tools and full cross-border cooperation to ensure rapid and efficient access to criminal records and international child abuse databases should be made available to those responsible for the investigation and prosecution of such offences, since children are entitled, as confirmed by the European Court of Human Rights, to State protection, in the form of effective deterrence, from such grave types of interference with essential aspects of their private lives. Such tools may include rapid detection of data traceable to internet users, in particular in the online spaces where grooming is most likely to take place and which guarantee users public anonymity, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or transfers or other financial investigations, taking into account the principle of proportionality and subject to judicial review.
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 63 #
Proposal for a directive
Article 3 – paragraph 4 – point i
Article 3 – paragraph 4 – point i
(i) abuse is made of a recognised position of trust, authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight years; oryears and a ban on engaging in occupations involving any form of contact with children. In the case of parents who have abused their children, the sentence shall be adequate to protect the children against any repetition of the offence;
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 4 – point ii
Article 3 – paragraph 4 – point ii
(ii) abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years; or and a ban on engaging in occupations involving any form of contact with children;
Amendment 66 #
Proposal for a directive
Article 3 – paragraph 4 – point iii
Article 3 – paragraph 4 – point iii
(iii) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 68 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years. and a ban on engaging in occupations involving any form of contact with children.
Amendment 69 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 70 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 71 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 72 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 74 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 77 #
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.
Amendment 79 #
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
11. Coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 89 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable investigative units or services to attempt to identify without delay the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 91 #
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 a (new)
Article 14 – paragraph 4 – subparagraph 1 a (new)
Amendment 100 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall enintroduce preventive measures that, where the age of a person subject to the offences referred to in Articles 3 to 7 is uncertain and there are reasons to believe that the person is a child, the person is presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with Article 18 and 19, po protect children. These shall include: (i) campaigns to raise awareness of and teach people how to recognise the signs of child sex abuse in both online and offline environments. The general public should be provided with information and support in order to help people to protect children; (ii) awareness-raising programmes in schools and children's activity groups, to educate children to recognise and avoid high-risk situations; (iii) measures to ensure that internet social networking services include a ‘panic button’ application so that children may alert the relevant authorities to any inappropriate sexual behaviour, since grooming of children on the internet, via chat rooms and social networking sites, is on the increase; to this end, clear and coherent follow-up procedures laying down whom the report will go to, how it will be processed and what support and assistance will be given to the child need to be put in place; (iv) robust criminal checks for all types of employment, whether paid or voluntary, which involve contact with children and young people below the age of 18; (v) measures exploring the possibility of implemendting verification of the age. a ‘red alert’ system whereby information/data on the most dangerous child sex offenders is communicated between Member States as the offender travels through the EU; this information/data shall be subject to all current EU and national data protection laws.
Amendment 108 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 110 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 112 #
Proposal for a directive
Article 3 – paragraph 4 – point iii
Article 3 – paragraph 4 – point iii
(iii) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 114 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years. and a ban on engaging in occupations involving any form of contact with children.
Amendment 132 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly attendCausing a child to participate ing pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.
Amendment 137 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 142 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 147 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 152 #
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.
Amendment 159 #
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.
Amendment 163 #
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.
Amendment 168 #
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
11. Coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.
Amendment 325 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking of access by Internet users ensure the secure and timely taking down of web pages containing or disseminating child pornography. Pending their territory to Internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking isat taking-down, Member States shall take steps to ensure that access to the web pages containing or disseminating child pornography is blocked to users on their territory. The blocking of access must satisfy the relevant technical characteristics and be limited to what isere necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are inform. The Commission and Member States shall coordinate rapid intervention (European Early Warning System) by the public authorities of the Member States in cases where the host website server or search engine is located ofn the possibility of challenging itterritory of a Member State other than the one in which the case was reported.