Online sexual crimes are sexual crimes committed using the internet, social media, chat apps, or other information and communication technologies: distributing nude images without consent, secretly filming via a webcam, approaching minors in a chat environment, or possessing and viewing images of child sexual abuse. Since September 1, 2026, these offenses have been included in the new Penal Code of February 29, 2024, which replaces the Penal Code of 1867. The core principle remains the same: a sexual act or a sexually suggestive image without the free consent of the person involved is a criminal offense, and the internet is considered the location of the crime, not a mitigating circumstance.
This page serves as a starting point. Each crime is discussed in greater detail on its own page; the links are provided under the relevant section.
The wew Penal Code, effective September 1, 2026
The sexual offenses were first rewritten by the Act of March 21, 2022, which placed consent at the center and inserted Articles 417/1 through 417/64 into the old code. The Criminal Code of February 29, 2024 (hereinafter: CC.) incorporated those provisions into Book 2, Chapter 3 (Articles 132 through 189 of the CC.) and moved the offense of cybergrooming to Chapter 8 (Article 340 of the CC.). The Act of March 30, 2026 set the effective date as September 1, 2026, the day on which the Criminal Code of June 8, 1867 (hereinafter: former CC.) was repealed.
The definitions have hardly changed. What has changed, however, are the section numbers and the penalties. The new code does not specify prison terms ranging from X months to Y years, but rather uses penalty levels from 1 to 8 (Art. 36 of the Criminal Code). Level 2 is six months to three years, Level 3 is more than three to five years, Level 4 is more than five to ten years, Level 5 is more than ten to fifteen years, and Level 6 is more than fifteen to twenty years; in cases of mitigating circumstances, the judge may reduce the penalty by one or more levels in each instance, down to community service or a fine.
| Crime | Former CC. (through August 31, 2026) | CC. (effective September 1, 2026) |
|---|---|---|
| Assault on sexual integrity | Art. 417/7: 6 months to 5 years | Art. 134: Level 3 |
| Voyeurism | Art. 417/8: 6 months to 5 years | Art. 135: Level 3 |
| Non-consensual distribution of sexually explicit content | Art. 417/9: 6 months to 5 years | Art. 136: Level 3 |
| The same, committed with malicious intent or for financial gain | Art. 417/10: 1 to 5 years and a fine | Art. 137: Level 3 |
| Rape | Art. 417/11: Imprisonment for 10 to 15 years | Art. 138: Level 4 |
| Grooming | Art. 417/24: 3 to 5 years | Art. 151: Level 3 |
| Cyberlocking | Art. 433bis/1: 3 months to 5 years | Art. 340: Level 3 |
| Producing or distributing images of the sexual abuse of minors | Art. 417/44: Imprisonment for 5 to 10 years and a fine | Art. 171: Level 3 |
| Possession and acquisition of those images | Art. 417/46: 1 to 5 years and a fine | Art. 173: Level 3 |
| Gaining access to those images | Art. 417/47: 1 to 3 years and a fine | Art. 174: Level 2 |
For offenses committed before September 1, 2026, the more lenient of the two laws applies (Art. 2 of the Criminal Code). That is not always the older one: a rape committed in 2025 is currently punishable by a Level 4 sanction—that is, more than five to ten years—rather than ten to fifteen years of imprisonment. In the judgment, the judge must cite both the old and the new provisions (Court of Cassation, May 5, 2026, P.25.1753.N).
Consent as a common thread
Consent is the voluntary agreement to a sexual act, assessed in light of all the circumstances (Art. 132 of the Criminal Code). It cannot be inferred from the mere absence of resistance, may be withdrawn at any time, and is deemed to be lacking in cases of threat, coercion, deceit, abuse of a vulnerable situation, or when the victim is unconscious. A minor under the age of sixteen is not deemed capable of giving consent, with an exception for 14- to 16-year-olds where the age difference is no more than three years (Art. 133 of the Criminal Code). Consenting to the creation of an image does not constitute consent to its distribution: new consent is required for any further distribution (Court of Cassation, November 7, 2023, P.23.1030.N).
An overview of online sexual crimes
Assault on sexual integrity
Sexual assault is the intentional performance of a sexual act on a person who does not consent to it, or causing such an act to be performed by a person who does not consent to it (Art. 134 of the Criminal Code). Physical contact is not required. Anyone who pressures another person via a video call to perform sexual acts on themselves, or who sends unsolicited explicit images and thereby causes the recipient to witness sexual acts, falls under this provision. Penalty: Level 3.
Voyeurism
Voyeurism is the intentional observation or recording of a person, without consent or without their knowledge, while they are naked or engaging in a sexual act and can reasonably expect to be shielded from unwanted gazes (Art. 135 of the Criminal Code). Online, this involves hacked webcams, hacking into cloud storage, or secretly recording a video call. Penalty: Level 3. Read more about voyeurism.
Non-consensual distribution of sexually explicit content (revenge porn)
This offense consists of intentionally displaying, making available, or distributing images or audio of a nude person or a person performing a sexual act without that person’s consent, even if that person consented to the creation of the material (Art. 136 of the Criminal Code). If this is done with malicious intent or for financial gain, Article 137 of the Criminal Code applies. Both: Level 3.
A sexual deepfake of an adult is not currently covered by this provision; Directive (EU) 2024/1385 requires Belgium to close that gap by June 14, 2027, at the latest. Read more about the non-consensual distribution of sexually explicit content, including how to take the images offline.
Remote rape
Rape is any intentional act of sexual penetration committed against a person or with the assistance of a person who does not consent to it (Art. 138 of the Criminal Code). The phrase “with the aid of a person” means that anyone who coerces, blackmails, or manipulates a victim online into penetrating themselves or a third party is also a rapist. Penalty: Level 4, and Level 6 if the victim is under sixteen (Art. 143 of the Criminal Code).
Grooming
Soliciting a minor for sexual purposes means making a proposal to a minor to meet with the intent to commit a sexual offense, followed by concrete actions that could lead to such a meeting (Art. 151 of the Criminal Code). Penalty: Level 3. Read more about grooming.
Cyberlocking
Cyberlocking is when an adult communicates with a person who is apparently or presumably a minor, or with a person in a vulnerable situation, via information or communication technology, in order to facilitate the commission of a crime against that victim, while concealing their identity, age, or status, with an emphasis on discretion, using a gift or some other ruse (Art. 340 of the Criminal Code). The intended crime does not have to be sexual, and since its codification, the provision has also protected vulnerable adults. Penalty: Level 3. Read more about cyberlocking.
Images of sexual abuse of minors (child pornography)
The law refers to images of the sexual abuse of minors and includes realistic depictions of non-existent minors within this definition, meaning that material generated by artificial intelligence is a criminal offense (Art. 170 of the Criminal Code). Production and distribution (Art. 171 of the Criminal Code) and possession and acquisition (Art. 173 of the Criminal Code) are classified as Level 3 offenses; knowingly accessing such material via information and communication technology is classified as Level 2 (Art. 174 of the Criminal Code). Young people over the age of sixteen who share images of themselves with each other by mutual consent do not commit a crime as long as no third party sees the images (Art. 176 of the Criminal Code). Read more about child porn.
Taking the images offline
For the victim, what matters most is how quickly the images are removed. In cases of extreme urgency, the public prosecutor may order that images referred to in Articles 136, 137, and 171 of the Criminal Code be made inaccessible (Art. 39bis, § 6 of the Code of Criminal Procedure). Furthermore, the victim may seek an order for removal in summary proceedings against the distributor or the platform, no later than six hours after service of the order (Art. 584, paragraph 5, 7° of the Judicial Code); any distribution is presumed to be non-consensual until proven otherwise.
How our lawyers can assist you
ICT Legal Guide is the knowledge platform of the Intellectual Property, IT Law, AI Law, Data Protection, and Media Law department at Everest Attorneys, led by Joris Deene, Esq. Our lawyers assist victims and defendants in cases involving online sexual offenses, from the removal of images to court arguments, and collaborate with the firm’s criminal law specialists to achieve this.
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