Aggravated Child Abuse

Aggravated Child Abuse in Europe

Aggravated Child Abuse in Germany

Provisions relating to aggravated child abuse in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 176a Aggravated child abuse, which reads: (1) The sexual abuse of children under section 176 (1) and (2) shall entail a sentence of imprisonment of not less than one year if the offender was convicted of such an offence by final judgment within the previous five years. (2) The sexual abuse of children under section 176 (1) and (2) shall entail a sentence of imprisonment of not less than two years if a person over eighteen years of age performs sexual intercourse or similar sexual acts with the child which include a penetration of the body, or allows them to be performed on himself by the child; 1. the offence is committed j 2. ointly by more than one person; or the offender by the offence places the child in danger of serious injury or substantial impairment of his physical or emotional development. 3. (3) Whosoever under section 176 (1) to (3), (4) Nos 1 or 2 or section 176 (6) acts as a principal or secondary participant with the intent of making the act the object of a pornographic medium (section 11 (3)) which is to be disseminated pursuant to section 184b (1) to (3) shall be liable to imprisonment of not less than two years. (4) In less serious cases under subsection (1) above the penalty shall be imprisonment from three months to five years, in less serious cases under subsection (2) above imprisonment from one to ten years. (5) Whosoever under section 176 (1) to (3) seriously physically abuses the child or places the child in danger of death shall be liable to imprisonment of not less than five years. (6) Any period during which the offender was detained in an institution pursuant to an order of a public authority shall not be credited to the term indicated in subsection (1) above. An offence resulting in a conviction abroad shall be equivalent, under subsection (1) above, to an offence resulting in a domestic conviction if under German criminal law it would have been an offence under section 176 (1) or (2).

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Notes

  1. The content of the translated German penal code in relation to aggravated child abuse is current as of 2010

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