Cap. 9 чл. 208DOffences relating to extreme pornographic images.

(1) Whosoever, for gain, distribution, or for display in a public place or in a place accessible to the public, manufactures, prints, or otherwise makes, or introduces into Malta, or acquires, keeps, puts into circulation or exports, any extreme pornographic image shall, on conviction, be liable to imprisonment for a term from eighteen months to three years or to a fine (multa) of not less than three thousand euro (€3,000) and not more than six thousand euro (€6,000), or to both such imprisonment and fine.

(2) Whosoever trades in any image mentioned in sub-article (1), even if such trade is clandestine, or distributes any such image or displays any such image in public or in a place accessible to the public, shall, on conviction, be liable to the punishment prescribed in sub-article (1).

(3) It is a defence for a person charged with an offence under this article to show that:

(a) he had a legitimate reason for being in possession of the image concerned;

(b) he had not seen the image concerned in any material, article or communication obtained or received by him and did not know, nor had any cause to suspect that such material, article or communication contained an extreme pornographic image;

(c) he was sent the image concerned without any prior request having been made by him or on his behalf: Provided that it shall not be a defence under this paragraph if such person has seen, or is reasonably suspected to have seen the image, and kept the image concerned for an unreasonable amount of time;

(d) he directly and consentingly participated in the act depicted in the image: Provided that it shall not be a defence under this paragraph if such person shows, gives or offers for sale the image to any person who was not a direct participant in the act depicted:

Provided further that it shall neither be a defence under this paragraph if the act depicted in the image involves:

(i) an act of rape or other non-consensual penetrative activity;

(ii) an act of necrophilia or bestiality;

(iii) a sexual act or image involving a minor.

(4) For the purposes of this article an image shall be regarded as an extreme pornographic image if it is so described or defined by regulations made under sub-article (5) or is otherwise to be so regarded in accordance with any regulation made as aforesaid.

(5) The Minister responsible for justice shall make regulations for the purpose of describing or defining or otherwise establishing what is to be regarded as an extreme pornographic image for the purposes of this article and may by such regulations make provision regarding the criteria to be followed for that purpose and may make different provisions for different circumstances and different purposes.