Sexual Criminal Law Amendment Act 2013

Original Language Title: Sexualstrafrechtsänderungsgesetz 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_116/BGBLA_2013_I_116.html

116. Federal law, with the Penal Code and the code of criminal procedure 1975 to improve the criminal-law protection of the sexual integrity and self-determination are changed (sexual criminal law amendment Act 2013)

The National Council has decided:

Table of contents



Art. 



              

Subject



1



              

Amendment of the Penal Code



2



              

Amendment of the code of criminal procedure 1975



3



              

Transposition of directives



4



              

Entry into force



Article 1

Amendment of the Penal Code

The criminal code, Federal Law Gazette No. 60/1974, as last amended by Federal Law Gazette I no. 120/2012 and the by-laws Federal Law Gazette I no. 25/2013, is amended as follows:

1 in § 53 para 1, the second sentence is omitted.

2 in § 53 para 2, the last sentence reads:

"Para 1 sentence 2 shall apply accordingly."

3. in the section 64 para 1 Z 4a is inserted "forbidden adoption agency (§ 194)" the phrase "Rape (article 201), sexual coercion (article 202)" after the turn.

3A. § 65a and heading is:

"Extended scope of decline and recovery in foreign acts

§ 65a. The decline and recovery meet also at home. owned assets and objects in relation to actions which are threatened also by the laws of the crime scene with punishment, but after the sections 62 to 65 are not the Austrian criminal"

4. Article 74 paragraph 1 Z 9 is:



"(9. prostitution: die Vornahme geschlechtlicher Handlungen oder die Duldung geschlechtlicher Handlungen andem an eigenen Körper gegen Entgelt durch a) an underage person or b) an adult person in the intention to provide a continuous dose himself or a third party; by the recurring carrying out or tolerating"

5. paragraph 104a:

"section 104a. (1) a person who offers an adult person with intent, exploited will (para. 3), advertises using unfair means (para. 2) against this person, hosts or otherwise takes, carries or another or passes, is punishable by six months to punish up to five years.

(2) unfair means are the use of violence or dangerous threat, the illusion of facts, the use of a position of authority, a predicament, a mental illness or a condition which makes the person defenceless, the intimidation and the granting or accepting an advantage for passing the dominion over the person.

(3) exploitation includes sexual exploitation, the exploitation of removal of organs, exploitation of labour, the exploitation of begging and the exploitation to commit punishable acts of threatened.

(4) if the Act in the framework of a criminal organisation, using severe violence or commits that by the Act of the person's life is endangered intent or gross negligence or the fact has a particularly severe disadvantage for the person to the sequence, is to be punished by imprisonment from one to ten years.

(5) with imprisonment from one to ten years is too punishing, who promoted an underage person with the intent that she become exploited (para. 3), enlists, houses or otherwise takes, or offered another, passes."

5a. In section 165 paragraph 1 the quote "308" by the quote will be replaced "309".

6 paragraph 194 paragraph 1:

'(1) who



1 causes that an approval authorized person against granting an advantage for oneself or a third party agrees to the adoption of an underage person by any other person, or 2 otherwise as an intermediary the consent of a person entitled to consent to the adoption of a minor person contrary to article 4 of the Hague Convention on protection of children and cooperation in respect of intercountry adoption, BGBl. III No. 145/1999 ", cause, is to punish up to two years imprisonment."

7. in the section 201, paragraph 1, the words 'six months' are replaced "one" by.

8 paragraph 202 paragraph 2:

"(2) the offence has serious injury (§ 84 para 1) or a pregnancy--person of consequence or is the compelled person by the Act time round moved to a painful condition or humiliated in a special way, the perpetrators with imprisonment from five to fifteen years, is so the fact but the death of the person--result" ", to be punished by imprisonment from ten to twenty years or with life imprisonment."

9 paragraph 205:

"Section 205 (1) who is a defenseless person or a person who due to a mental illness, because of a mental disability, a profound disturbance of consciousness or due another severe, one of these States is unable to see the importance of the process or to act according to this insight equivalent mental disorder, taking advantage of this state this abused, that he makes the intercourse or an action to be equal intercourse with her or them to carry out or toleration by sleep or a sexual act to be equal intercourse with" another person or oneself or a third party to excite sexual or to satisfy, on himself to perform a sexual act to be equal intercourse, is tempted to do so, to be punished by imprisonment from one to ten years.

(2) led to a sexual act with another person or oneself or a third party sexual to attract who abused a defenseless or mentally impaired person (para 1) taking advantage of this condition as a result except for the case of paragraph 1, that he perform a sexual act on her or make her itself can be or she or to satisfy this , a sexual act on himself to perform, is punishable by six months to punish up to five years.

(3) has the fact a grievous bodily harm (section 84 subsection 1) or a pregnancy abused the person result or is the abused person by the Act time round moved to a painful condition or humiliated in a special way, the perpetrators with imprisonment from five to fifteen years, is so has the fact but the death of the abused person resulted ", to be punished by imprisonment from ten to twenty years or with life imprisonment."

10 paragraph 206 para 3 and 4:

"(3) the offence has serious injury (§ 84 para 1) or a pregnancy of the under-age person result or is the minor person by the Act time round moved to a painful condition or humiliated in a special way, the perpetrators with imprisonment from five to fifteen years, is so she's got the death of the minor person result" , to be punished by imprisonment from ten to twenty years or with life imprisonment.

(4) exceeds the age of the offender the age of the minor person not more than three years, the minor person is not longer through place in a painful State or humiliated in a special way by the Act and has the fact neither serious injury (§ 84 para 1) yet the death of the minor person resulted in something is not to punish the perpetrators according to paragraphs 1 and 2 ", unless the minor person would have the 13 still not reached age."

11 paragraph 207 para 3 and 4:

"(3) the offence has serious injury (§ 84 para 1) result or is the minor person by the Act time round moved to a painful condition or humiliated in a special way, the perpetrators with imprisonment from five to fifteen years, is so she has the death of the minor person result but, to punish with imprisonment from ten to twenty years or with life imprisonment."

(4) exceeds the age of the offender the age of the minor person not more than four years, the minor person by the Act will not put time into a painful State or humiliated in a special way and occurred any of the consequences of paragraph 3, so the perpetrator according to paragraphs 1 and 2 is not to punish, unless ", minors who had not yet completed the twelfth year of life."

12. in paragraph 207, the expression "16 years of age" para 2 is replaced by the expression "18 years of age".

13 paragraph 208 subsection 2:

"(2) as well is to punish, who, except the case of paragraph 1, to oneself or a third party to excite sexual or to satisfy, causes that a minor person performs a sexual act."

14 the § 208 following paragraphs 3 and 4 are added:

"(3) a person who, sexual arouse or satisfy, causes to oneself or a third party, that a minor person § 201 to 207 or 207 b perceives a criminal offence under the section, is to punish up to two years imprisonment.

(4) exceeds the age of the offender in the first case of paragraph 1 and in paragraph 2 that not yet completed the twelfth year of life age which under-age person not more than four years, is not to punish, unless the minor person the perpetrator according to paragraphs 1 and 2."

15. in section 208a, after paragraph 1 of the following paragraph 1a is inserted:


"(1a) who is a minor person in the intention to commit a criminal act, according to § 207a section 3 or 3a on a pornographic representation (§ 207a section 4) that person establishes contact through a telecommunication or by using a computer system, with imprisonment to punish up to one year or a fine of up to 360 daily rates."

16 section 208a para 2 is as follows:

"(2) after paragraph 1 and 1a is not to punish, who voluntarily and before the Authority (article 151 par. 3) by his fault has undergone, abandons his plan and his fault of reveals the authority."

17 in the section 215a, paragraph 1, the phrase is replaced "up to three" by the phrase "from six months up to five".

18 § 215a para 2 is as follows:

"(2) if the Act against a minor person in the framework of a criminal organisation, using severe violence or commits that by the Act of the person's life is endangered intent or gross negligence or the fact has a particularly severe disadvantage for the person to the sequence, is to be punished by imprisonment from one to ten years."

19. in the section 216, paragraph 1, the phrase "one year" is replaced by the phrase "two years".

20. in the section 216, paragraph 2 is replaced "two" by the word "three".

21. in section 216 paragraph 3 and paragraph 4, the phrase is replaced "up to three" by the phrase "from six months up to five".

22. in paragraph 220, b paragraph 1 is inserted after the word "Minor" the phrase "or otherwise intensive contacts with minors".

Article 2

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 2/2013, is amended as follows:

1. in article 66, paragraph 2, the following sentence is inserted after the first sentence:

"Victims who could be injured in their sexual integrity and have not yet completed their fourteenth year is anyway, psycho-social support to grant."

2. in section 514, the following paragraph 23 is attached pursuant to paragraph 22:

"(23) section 66 paragraph 2 as amended by Federal Law Gazette I no. 116/2013 1 January 2014 into force."

Article 3

Transposition of directives of the European Union

(1) article 1 Z 3, 4, 12 to 18, as well as 22 and article 2 Z 1 of this federal law meant to transpose 2011/93/CE directive on combating the sexual abuse, sexual exploitation of children and child pornography, as well as the replacement of the framework decision 2004/68/JHA, OJ No. L 335 of 12 p. 1, as amended by the amending OJ No. L 18 of the 21.1.2012 p. 7.

(2) article is 1 Z 5 of this federal law implementing the directive 2011/36/EU to prevent and combat trafficking in human beings and to protect of its victims, as well as to the replacement of the framework decision 2002/629/JHA, OJ No. L 101 of the 15.4.2011 p. 1.

Article 4

Entry into force

              Article 1 of this federal law shall enter into force August 1, 2013.

Fischer

Faymann