Sexual Activity

Sexual Activity in Europe

Causing Minors to Engage in Sexual Activity in Germany

Provisions relating to causing minors to engage in sexual activity 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 180 Causing minors to engage in sexual activity, which reads: (1) Whosoever encourages a person under sixteen years of age to engage in sexual activity with or in the presence of a third person or whosoever encourages sexual acts of a third person on a person under sixteen years of age 1. by acting as an intermediary; or 2. by creating an opportunity, shall be liable to imprisonment of not more than three years or a fine. The 1st sentence No 2 above shall not apply if the offender is the person responsible for the care of the minor unless the offender, if responsible for the care of the minor, grossly violates his duty of education. (2) Whosoever induces a person under eighteen years of age to engage in sexual activity with or in the presence of a third person or to suffer sexual acts by a third person for a financial reward, or whosoever encourages such acts by acting as an intermediary, shall be liable to imprisonment of not more than five years or a fine. (3) Whosoever induces a person under eighteen years of age who is entrusted to him for upbringing, education or care or who is his subordinate within an employment or a work relationship, by abusing the dependence associated with the upbringing, educational, care, employment or work relationship to engage in sexual activity with or in the presence of a third person or to suffer sexual acts by a third person shall be liable to imprisonment of not more than five years or a fine. (4) In cases under subsections (2) and (3) above the attempt shall be punishable.

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Notes

  1. The content of the translated German penal code in relation to causing minors to engage in sexual activity is current as of 2010

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