German Criminal Code

German: Gesetze

Spanish: El Código Penal alemán

Türkish: Alman Ceza Kanunu

French: Code pénal allemand

Finnish: Saksan rikoslaki

 

 

German Criminal Code

(Strafgesetzbuch – StGB)

Quelle: https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html

 

 

 

Chapter 13
Offences against sexual self-determination


 

Section 174
Sexual abuse of persons in one’s charge

(1) Whoever performs sexual acts

1.  on a person under 16 years of age who is entrusted to them for upbringing, education or care,

2.  on a person under 18 years of age who is entrusted to them for upbringing, education or care, or who is their subordinate within a service or employment relationship, by abusing the dependence associated with the educational, care, service or employment relationship or

3.  on a person under 18 years of age who is their biological or adopted descendant or the biological or adopted descendant of their spouse, life partner or a person with whom they live in a quasi-marital relationship or quasi-life partnership

or has the person in their charge perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.

(2) Whoever is entrusted with the upbringing, education or care of persons under 18 years of age in an institution specified for this purpose and who

1.   performs sexual acts on a person under 16 years of age who has a legal relationship with the institution which serves this person’s upbringing, education or care, or who has that person perform sexual acts on them or

2.   exploits their position in order to perform sexual acts on a person under 18 years of age who has a legal relationship with the institution which serves this person’s upbringing, education or care, or who has that person perform sexual acts on them

incurs a penalty of imprisonment for a term of between three months and five years.

(3) Whoever, under the conditions of subsection (1) or (2),

1.  performs sexual acts in the presence of the person in their charge or

2.  causes the person in their charge to perform sexual acts in their presence

for the purpose of their own sexual arousal or that of the person in their charge incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(4) The attempt is punishable.

(5) In the cases under subsection (1) no. 1, subsection (2) no. 1 or subsection (3) in conjunction with subsection (1) no. 1 or with subsection (2) no. 1, the court may dispense with imposing a penalty pursuant to this provision if the wrongfulness of the act is minor.


Section 174a
Sexual abuse of prisoners, persons detained by official order, or sick or vulnerable institutionalised persons

(1) Whoever abuses their position to perform sexual acts on a prisoner or a person detained by official order, a person who is entrusted to them for upbringing, education, supervision or care, or has the prisoner or person detained perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.

(2) Whoever abuses a person who has been admitted to an institution for sick or vulnerable persons and is entrusted to them for supervision or care and performs sexual acts on that person, thereby exploiting said person’s illness or vulnerability, or whoever has that person perform sexual acts on them incurs the same penalty.

(3) The attempt is punishable.


Section 174b
Sexual abuse exploiting official position

(1) Whoever, in the capacity as a public official charged with participating in criminal proceedings or proceedings whose aim is to impose a measure of reform and prevention involving deprivation of liberty or detention imposed by official order, exploits the dependency caused by the proceedings to perform sexual acts on the person against whom the proceedings have been instituted or has said person perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.

(2) The attempt is punishable.


Section 174c
Sexual abuse exploiting counselling, treatment or support relationship

(1) Whoever performs sexual acts on a person entrusted to them for counselling, treatment or support due to a mental illness or disability, including an addiction, or due to a physical illness or disability, and exploits the counselling, treatment or support relationship or has said person perform sexual acts on them incurs a penalty of imprisonment for a term of between three months and five years.

(2) Whoever performs sexual acts on a person entrusted to them for psychotherapeutic treatment, thereby exploiting the treatment relationship, or has said person perform sexual acts on them incurs the same penalty.

(3) The attempt is punishable.

Section 175
(repealed)

 

Section 176
Sexual abuse of children

(1) Whoever performs sexual acts on a person under 14 years of age (child) or has the child perform sexual acts on them incurs a penalty of imprisonment for a term of between six months and 10 years.

(2) Whoever causes a child to perform sexual acts on a third person or has a third person perform sexual acts on the child incurs the same penalty.

(3) In especially serious cases, the penalty is imprisonment for a term of at least one year.

(4) Whoever

1.  performs sexual acts in the presence of a child,

2.  causes the child to perform sexual acts, unless the act is subject to a penalty under subsection (1) or subsection (2),

3.  influences a child by way of material (section 11 (3)) or information and communication technologies

a)  in order to cause the child to perform sexual acts on or in the presence of the offender or a third person or to have the offender or a third person perform sexual acts on the child or

b)  in order to commit an offence under section 184b (1) no. 3 or under section 184b (3) or

4.  influences a child by showing pornographic images or depictions, by playing pornographic audio recordings, making pornographic content available by way of information and communication technologies or pornographic speech

incurs a penalty of imprisonment for a term of between three months and five years.

(5) Whoever offers or promises to supply a child for an offence under subsections (1) to (4) or who arranges with another to commit such an offence incurs a penalty of imprisonment for a term of between three months and five years.

(6) The attempt is punishable; this does not apply to offences under subsection (4) nos. 3 and 4 and subsection (5).

Section 176a
Aggravated sexual abuse of children

(1) The sexual abuse of children in the cases under section 176 (1) and (2) incurs a penalty of imprisonment for a term of at least one year if the offender has been convicted of such an offence by final judgment within the previous five years.

(2) The sexual abuse of children in the cases under section 176 (1) and (2) incurs a penalty of imprisonment for a term of at least two years if

1.  a person over 18 years of age has sexual intercourse with the child, or performs similar sexual acts on the child or has similar sexual acts performed on them by the child which involve penetration of the body,

2.  the offence is committed jointly by more than one person or

3.  the offender, by committing the offence, places the child at risk of serious damage to health or substantial impairment of his or her physical or emotional development.

(3) Whoever, in the cases under section 176 (1) to (3), (4) no. 1 or 2 or section 176 (6), acts as an offender or another party to an offence with the intention of making the act the subject of pornographic material (section 11 (3)) which is to be disseminated as per section 184b (1) or (2) incurs a penalty of imprisonment for a term of at least two years.

(4) In less serious cases under subsection (1), the penalty is imprisonment for a term of between three months and five years, in less serious cases under subsection (2) imprisonment for a term of between one year and 10 years.

(5) Whoever, in the cases under section 176 (1) to (3), seriously physically abuses the child or places the child in danger of death incurs a penalty of imprisonment for a term of at least five years.

(6) Any period during which the offender was detained in an institution by official order is not taken into account when calculating the time indicated in subsection (1). An offence resulting in a conviction abroad is equivalent, in the cases under subsection (1), 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).

Section 176b
Sexual abuse of children resulting in death

If, by committing sexual abuse (sections 176 and 176a), the offender causes the child’s death at least recklessly, the penalty is imprisonment for life or imprisonment for a term of at least 10 years.

 

Section 177
Sexual assault; sexual coercion; rape

(1) Whoever, against a person’s discernible will, performs sexual acts on that person or has that person perform sexual acts on them, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs a penalty of imprisonment for a term of between six months and five years.

(2) Whoever performs sexual acts on another person or has that person perform sexual acts, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs the same penalty if

1.   the offender exploits the fact that the person is not able to form or express a contrary will,

2.   the offender exploits the fact that the person is significantly impaired in respect of the ability to form or express a will due to said person’s physical or mental condition, unless the offender has obtained the consent of that person,

3.   the offender exploits an element of surprise,

4.   the offender exploits a situation in which the victim is threatened with serious harm in case of offering resistance or

5.   the offender has coerced the person to perform or acquiesce to the sexual acts by threatening serious harm.

(3) The attempt is punishable.

(4) The penalty is imprisonment for a term of at least one year if the inability to form or express a will is due to the victim’s illness or disability.

(5) The penalty is imprisonment for a term of at least one year if the offender

1.   uses force against the victim,

2.   threatens the victim with a present danger to life or limb or

3.   exploits a situation in which the victim is unprotected and at the mercy of the offender’s influence.

(6) In especially serious cases, the penalty is imprisonment for a term of at least two years. An especially serious case typically occurs where

1.  the offender has sexual intercourse with the victim or has the victim have sexual intercourse or commits such similar sexual acts on the victim or has the victim commit them on them which are particularly degrading for the victim, especially if they involve penetration of the body (rape), or

2.   the offence is committed jointly by more than one person.

(7) The penalty is imprisonment for a term of at least three years if the offender

1.   carries a weapon or other dangerous implement,

2.   otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person by force or threat of force or

3.   places the victim at risk of serious damage to health.

(8) The penalty is imprisonment for a term of at least five years if

1.   the offender uses a weapon or other dangerous implement during the commission of the offence or

2.   the offender

a)  seriously physically abuses the victim during the offence or

b)  by committing the offence places the victim in danger of death.

(9) In less serious cases under subsections (1) and (2), the penalty is imprisonment for a term of between three months and three years, in less serious cases under subsections (4) and (5) imprisonment for a term of between six months and 10 years, and in less serious cases under subsections (7) and (8) imprisonment for a term of between one year and 10 years.

Section 178
Sexual assault, sexual coercion and rape resulting in death

If, by committing sexual assault, sexual coercion or rape (section 177), the offender causes the victim’s death at least recklessly, the penalty is imprisonment for life or imprisonment for a term of at least 10 years.

Section 180
Promotion of sexual acts by minors

(1) Whoever aids and abets the performance of sexual acts by a person under 16 years of age on or in the presence of a third person or aids and abets the performance of sexual acts by a third person on a person under 16 years of age

1.  by acting as an intermediary or

2.  by affording or providing the opportunity

incurs a penalty of imprisonment for a term not exceeding three years or a fine. Sentence 1 no. 2 does not apply if the offender is the person having the duty of care and custody of the person under 16 years of age; this does not apply if the person having the duty of care and custody thereby grossly violates his or her duty of care and upbringing.

(2) Whoever causes a person under 18 years of age to perform sexual acts on or in the presence of a third person or to acquiesce to sexual acts being performed by a third person for a consideration, or whoever aids and abets such acts by acting as an intermediary incurs a penalty of imprisonment for a term not exceeding five years or a fine.

(3) Whoever causes a person under 18 years of age who is entrusted to them for upbringing, education or care, or who is their subordinate within a service or employment relationship by abusing the dependence associated with the educational, care, service or employment relationship to perform sexual acts on or in the presence of a third person or to acquiesce to sexual acts being performed by a third person incurs a penalty of imprisonment for a term not exceeding five years or a fine.

(4) In the cases under subsections (2) and (3), the attempt is punishable.

Section 180a
Exploitation of prostitutes

(1) Whoever maintains or manages a business on a commercial basis in which persons engage in prostitution and in which they are held in personal or financial dependency incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(2) Whoever

1.  furnishes a person under 18 years of age with accommodation, or premises or a particular place on a commercial basis for the exercise of prostitution or

2.  urges another person whom they have furnished with accommodation for the exercise of prostitution to engage in prostitution or exploits said person in that respect

incurs the same penalty.

Section 181a
Pimping

(1) Whoever

1.  exploits another person engaging in prostitution or

2.  for their own pecuniary benefit controls another person’s exercise of prostitution, determines the place, time, extent or other circumstances of the exercise of prostitution, or takes measures to prevent the person from giving up prostitution,

and to that end maintains a general relationship with the person beyond a particular occasion, incurs a penalty of imprisonment for a term of between six months and five years.

(2) Whoever undermines another person’s personal or financial independence by promoting, on a commercial basis, that person’s exercise of prostitution by procuring sexual relations, and to that end maintains a general relationship with the person beyond a particular occasion, incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(3) Whoever commits the offences referred to in subsection (1) nos. 1 and 2 or promotes the activities referred to in subsection (2) in relation to their spouse or life partner incurs the penalty indicated in subsections (1) and (2).

 

Section 181b
Supervision of conduct

In the cases under sections 174 to 174c, 176 to 180, sections 181a and 182, the court may make an order for the supervision of conduct (section 68 (1)).

 

Section 181c
(repealed)

 

Section 182
Sexual abuse of juveniles

(1) Whoever abuses a person under 18 years of age by taking advantage of a predicament by

1.  performing sexual acts on that person or having said person perform sexual acts on them or

2.  causing the person to perform sexual acts on a third person or to have sexual acts performed on them by a third person

incurs a penalty of imprisonment for a term not exceeding five years or a fine.

(2) A person over 18 years of age who abuses a person under 18 years of age by performing sexual acts on that person or having that person perform sexual acts on them for a consideration incurs the same penalty.

(3) A person over 21 years of age who abuses a person under 16 years of age by

1.  performing sexual acts on that person or having that person perform sexual acts on them or

2.  causing that person to perform sexual acts on a third person or to have a third person perform sexual acts on that person,

and thereby exploits the victim’s lack of capacity for sexual self-determination, incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(4) The attempt is punishable.

(5) In the cases under subsection (3), the offence is prosecuted only upon request, unless the prosecuting authority deems there to be a special public interest in prosecution which calls for ex officio intervention.

(6) In the cases under subsections (1) to (3), the court may dispense with imposing a penalty pursuant to these provisions if, having regard to the conduct of the person against whom the offence was committed, the wrongfulness of the act is minor.

 

Section 183
Acts of exhibitionism

(1) A man who vexes another person by committing an act of exhibitionism incurs a penalty of imprisonment for a term not exceeding one year or a fine.

(2) The offence is prosecuted only upon request, unless the prosecuting authority deems there to be a special public interest in prosecution which calls for ex officio intervention.

(3) The court may even suspend a sentence of imprisonment on probation if there is reason to believe that the offender will only cease to commit acts of exhibitionism after lengthy medical treatment.

(4) Subsection (3) also applies if a man or a woman is convicted of an act of exhibitionism

1.  under another provision which imposes a maximum sentence of imprisonment not exceeding one year or a fine or

2.  under section 174 (3) no. 1 or section 176 (4) no. 1.

 

Section 183a
Causing public nuisance

Whoever performs sexual acts in public and thereby intentionally or knowingly offends common decency incurs a penalty of imprisonment for a term not exceeding one year or a fine, unless the act is liable to a penalty under section 183.

 

Section 184
Dissemination of pornography

(1) Whoever, in respect of pornographic material (section 11 (3)),

1.  offers, supplies or makes it available to a person under 18 years of age,

2.  makes it available at a place which is accessible to persons under 18 years of age or which can be seen by them,

3.  offers or supplies it to another in retail trade outside of business premises, in kiosks or other points of sale which customers do not customarily enter, through a mail-order business or in commercial lending libraries or reading circles,

3a.  offers or supplies it to another by means of commercial rental or comparable commercial supply for use, except in shops which are not accessible to persons under 18 years of age and which cannot be seen by them,

4.  undertakes to import it by means of a mail-order business,

5.  publicly offers or advertises it at a place which is accessible to persons under 18 years of age or which can be seen by them, or by disseminating material outside business transactions through the relevant trade outlets,

6.  allows another to obtain it without having been requested by them to do so,

7.  shows it at a public film showing for a fee which is demanded entirely or predominantly for this showing,

8.  produces, obtains, supplies, stocks or undertakes to import it or parts thereof in order to use it within the meaning of nos. 1 to 7 or to facilitate such use by another or

9.  undertakes to export it in order to disseminate it or parts thereof abroad in violation of the criminal provisions applicable there or to make it available to the public or to facilitate such use

incurs a penalty of imprisonment for a term not exceeding one year or a fine.

(2) Subsection (1) no. 1 does not apply if the offender has the duty of care and custody of the person; this does not apply if the person having the duty of care and custody violates his or her duty of care and upbringing by offering, supplying or making available the material. Subsection (1) no. 3a does not apply if the act takes place in business transactions with commercial borrowers.

(3) to (7) (repealed)

Section 184a
Dissemination of pornography depicting violent acts or sexual acts with animals

Whoever, in respect of pornographic material (section 11 (3)) depicting violent acts or sexual acts being committed by people with animals,

1.  disseminates such pornographic material or makes it available to the public or

2.  produces, obtains, supplies, stocks, offers, advertises or undertakes to import or export such pornographic material in order to use it or parts thereof within the meaning of no. 1 or section 184d (1) sentence 1, or in order to facilitate such use by another person

incurs a penalty of imprisonment for a term not exceeding three years or a fine. In the cases under sentence 1 no. 1, the attempt is punishable.

 

Section 184b
Dissemination, procurement and possession of child pornography

(1) Whoever

1.  disseminates child pornographic material or makes it available to the general public, whereby pornographic material (section 11 (3)) is deemed to be child pornography if it relates to

a)   sexual acts performed by, on or in the presence of a person under 14 years of age (child),

b)   the reproduction of a child in a state of full or partial undress in an unnaturally sexual pose or

c)   the sexually provocative reproduction of a child’s bare genitalia or bare buttocks,

2.  undertakes to procure, for another, child pornographic material which reproduces actual or realistic acts,

3.  produces child pornographic material which reproduces actual acts or

4.  produces, obtains, supplies, stocks, offers, advertises or undertakes to import or export such child pornographic material in order to use it or parts thereof within the meaning of no. 1 or 2 or of section 184d (1) sentence 1, or to facilitate such use by another, unless the offence is subject to a penalty under no. 3,

incurs a penalty of imprisonment for a term of between three months and five years.

(2) In the cases under subsection (1), the penalty is imprisonment for a term of between six months and 10 years if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences and if, in the cases under subsection (1) nos. 1, 2 and 4, the material reproduces actual or realistic acts.

(3) Whoever undertakes to procure child pornographic material which reproduces actual or realistic acts, or whoever possesses such material incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(4) The attempt is punishable; this does not apply to offences under subsection (1) nos. 2 and 4 and subsection (3).

(5) Subsection (1) no. 2 and subsection (3) do apply to acts which exclusively serve the performance of

1.  state functions,

2.  tasks resulting from agreements with a competent government agency or

3.  official or professional duties.

(6) Objects to which an offence under subsection (1) no. 2 or 3 or subsection (3) relates are to be confiscated. Section 74a applies.

Section 184c
Dissemination, procurement and possession of youth pornography

(1) Whoever

1.  disseminates youth pornography or makes it available to the general public, whereby pornographic material (section 11 (3)) is deemed to be youth pornography if it relates to

a)  sexual acts performed by, on or in the presence of a person over 14 years of age but under 18 years of age or

b)  the reproduction of a person over 14 years of age but under 18 years of age in a state of full or partial undress in an unnaturally sexual pose,

2.  undertakes to procure, for another, youth pornography which reproduces actual or realistic acts,

3.  produces youth pornography which reproduces actual acts or

4.  produces, obtains, supplies, stocks, offers, advertises or undertakes to import or export youth pornography in order to use it or parts thereof within the meaning of no. 1 or 2 or of section 184d (1) sentence 1, or to facilitate such use by another, unless the offence is subject to a penalty under no. 3,

incurs a penalty of imprisonment for a term not exceeding three years or a fine.

(2) In the cases under subsection (1), the penalty is imprisonment for a term of between three months and five years if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences and if, in the cases under subsection (1) nos. 1, 2 and 4, the material reproduces actual or realistic acts.

(3) Whoever undertakes to obtain possession of youth pornography which reproduces actual acts or whoever possesses such material incurs a penalty of imprisonment for a term not exceeding two years or a fine.

(4) Subsection (1) no. 3, also in conjunction with subsection (5), and subsection (3) do not apply to acts by persons relating to such youth pornography which they have produced exclusively for their personal use with the consent of the persons depicted.

(5) The attempt is punishable; this does not apply to offences under subsection (1) nos. 2 and 4 and subsection (3).

(6) Section 184b (5) and (6) applies accordingly.

 

Section 184d
Making pornographic content available through broadcasting or telemedia services; accessing child or youth pornographic content via telemedia

(1) Whoever makes pornographic content available to another person or to the public through broadcasting or telemedia services incurs a penalty under sections 184 to 184c. In the cases under section 184 (1), sentence 1 does not apply to dissemination via telemedia if technical or other measures are in place to ensure that the pornographic content is not accessible to persons under 18 years of age. Section 184b (5) and (6) applies accordingly.

(2) Whoever undertakes to access child pornography via telemedia also incurs a penalty under section 184b (3). Whoever undertakes to access youth pornography via telemedia also incurs a penalty under section 184c (3); section 184c (4) applies accordingly. Section 184b (5) and (6) sentence 1 applies accordingly.

Section 184e
Organisation and attendance of presentations of child and youth pornography

(1) Whoever organises a presentation of child pornography incurs a penalty under section 184b (1). Whoever organises a presentation of youth pornography also incurs a penalty under section 184c (1).

(2) Whoever attends a presentation of child pornography also incurs a penalty under section 184b (3). Whoever attends a presentation of youth pornography also incurs a penalty under section 184c (3). Section 184b (5) no. 1 and no. 3 applies accordingly.

 

Section 184f
Unlawful prostitution

Whoever persistently contravenes a prohibition, enacted by statutory instrument, against engaging in prostitution in specific places in general or at specific times of the day incurs a penalty of imprisonment for a term not exceeding six months or a fine not exceeding 180 daily rates.

 

Section 184g
Prostitution likely to corrupt juveniles

Whoever engages in prostitution

1.  in the vicinity of a school or other place which is intended to be visited by persons under 18 years of age or

2.  in a house in which persons under 18 years of age are living

in a manner which is likely to morally corrupt those persons incurs a penalty of imprisonment for a term not exceeding one year or a fine.

 

Section 184h
Definitions

Within the meaning of this statute,

1.  ‘sexual acts’ are only those which are of some relevance to the protected legal interest in question,

2.  ‘sexual acts in the presence of a third person’ are only those which are performed by a person other than the person observing them.

Section 184i
Sexual harassment

(1) Whoever touches another person in a sexual manner, and thereby harasses that person, incurs a penalty of imprisonment for a term not exceeding two years or a fine, unless the offence is subject to a more severe penalty under other provisions.

(2) In especially serious cases, the penalty is imprisonment for a term of between three months and five years. An especially serious case typically occurs where the offence is committed jointly by more than one person.

(3) The offence is prosecuted only upon request, unless the prosecuting authority deems there to be a special public interest in prosecution which calls for ex officio intervention.