Edwin and Leah are a young adventurous couple in their mid-20s.

Wanting to add spice to their sex life, they decided to venture into role playing. Enjoying this fetish, the couple took photos and videos of themselves in various state of undress and having sex. In some of the photos depicting sexual intercourse, Leah was presented as a scantily- dressed teenage school girl. These sexual adventures continued until Edwin caught Leah with another man. He was so enraged that he shared Leah’s nude photos and their sexual encounter with his friends: Bobby, Rommel and Jerry via MMS and email. Included were photos of Leah role-playing as a teenage school girl. When Leah knew about that her nude photos were shared and already in the possession of Edwin’s friends, she alerted the National Bureau of Investigation (NBI) Cyber Crime Division. Soon an entrapment operation was hatched and Edwin and his friends were caught with Leah’s nude photos in their cellular phones and computers.

The public prosecutor charged Edwin, Bobby, Rommel and Jerry with Syndicated Child Pornography as defined by Republic Act 9775 or the “Anti-Child Pornography Act of 2009.” In their defense, all the respondents reasoned that Leah was no longer a minor when her nude photos were taken. She was already 24 years old.

Is this a valid defense?

No. Even if the person whose nude photos are subject of the crime, is no longer a minor at the time it was taken, it may still be considered child pornography. This is because Section 3 (a) 1 of RA 9775 provides when a person regardless of age is presented, depicted or portrayed as a child in photos or videos, he or she is still considered a child for intents and purposes of said law. If these photos or videos depicts or shows said person engaged or involved in real or simulated explicit sexual activities like sexual intercourse, these can be considered as child pornography .

As for Edwin, Bobby, Rommel and Jerry, they are liable for child pornography under Section 4 paragraphs c, j and l, for sharing, willfully accessing and possessing child pornography. To make matters worse, since the violation was carried out by a group of three (3) or more persons conspiring or confederating with one another, it is deemed syndicated child pornography under Section 5. This carries a penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00).