Sexual Criminal Law Amendment Act 2013

Original Language Title: Sexualstrafrechtsänderungsgesetz 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

116. Federal law amending the Criminal Code and the Code of Criminal Procedure for the Improvement of the Criminal Protection of Sexual Integrity and Self-Determination in 1975 (Sexual Criminal Law Change Act 2013)

The National Council has decided:

table of contents

Art.

Subject matter

1

Amendment of the Criminal Code

2

Amendment of the Code of Criminal Procedure in 1975

3

Implementation of policies

4

entry into force

Article 1

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I n ° 120/2012 and the BGBl demonstration. N ° 25/2013, is amended as follows:

1. The second sentence is deleted in § 53 (1).

2. In § 53 (2) the last sentence is:

" 1 sentence 2 shall apply accordingly. '

3. In § 64 (1) (4a), after the turn of the "prohibited adoption mediation (§ 194)" the twist "Rape (§ 201), sexual coercion (§ 202)" inserted.

(3a) § 65a together with the headline reads:

" Extended scope of the decay and the confiscation of foreign stators

§ 65a. The decay and confiscation also affect assets and objects located in the country in relation to deeds, which are also punishable by the laws of the crime scene, but in accordance with § § 62 to 65 not the Austrian criminal law "

4. § 74 (1) Z 9 reads:

" 9.

Prostitution: the take-up of sexual acts or the culpation of sexual acts on the body's own body against payment by

a)

an underage person, or

b)

a full-year person with the intention of providing himself or a third party with a continuous intake by means of recurrent taking or culpation; "

§ 104a reads:

" § 104a. (1) Anyone who has a full-year person with the attachment that it is exploited (para. 3), with the use of unfair means (para. 2) acquires, hosts, or otherwise offers, offers or offers to another person against this person, is punishable by imprisonment of six months to five years.

(2) Unfair means are the use of violence or a dangerous threat, deception of facts, the use of a position of authority, a compulsive situation, a mental illness or a condition which makes the person defenceless, the Intimidation and the granting or acceptance of a benefit for the surrender of the rule over the person.

(3) Exploitation includes sexual exploitation, exploitation through the removal of organs, the exploitation of labour, exploitation for begging, and exploitation of the perpetuity of acts that are under threat.

(4) Anyone who acts in the framework of a criminal organisation, using serious violence or in such a way that the life of the person is intentionally or grossly negligently endangered or the act has a particularly serious disadvantage for the person. as a result, is punishable by imprisonment of one to ten years.

(5) By imprisonment of one to ten years is also to be punished who an underage person with the attachment that it is exploited (para. 3), advertise, host or otherwise receive, promote or offer to another. "

5a. In § 165 (1), the quote shall be: "308" by quoting "309" replaced.

6. § 194 (1) reads:

" (1) Who

1.

causes a person entitled to vote to agree to the adoption by another person of a benefit for himself or a third party for the adoption of an under-age person, or

2.

otherwise acting as an intermediary, the consent of a person entitled to consent to the adoption of an underage person, contrary to Article 4 of the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption, BGBl. III No 145/1999,

is punishable by imprisonment for up to two years. "

(7) In § 201 (1), the words shall be: "six months" by the word "one" replaced.

8. § 202 (2) reads:

" (2) Does the act result in a serious bodily injury (§ 84 para. 1) or a pregnancy of the person being coerced or becomes the coerced person through the act extended for a longer period of time into an agonising condition or in a special way The perpetrator is punishable by imprisonment of five to fifteen years, but has the effect of punishing the death of the person with imprisonment, with imprisonment of ten to twenty years, or with a life sentence of imprisonment. "

9. § 205 reads:

" § 205. (1) Anyone who is a defenceless person or a person who has a mental illness, a mental disability, a profound disturbance of consciousness or a serious mental disorder of equal value to that condition is incapable of viewing the meaning of the operation or acting on the basis of this insight, by using it in such a way as to make use of it or to act as an act of assimilation or to take action on an equal footing with it, or to take it to the or culling of the condolce or of any of the assays to be equivalent to the ascilment sex act with another person or, in order to attract or satisfy himself or a third party, to carry out a sex act on the same basis as the supplement, is to be carried out with Imprisonment of one to ten years to be punished.

(2) Who, in addition to the case of paragraph 1, has a defenseless or mentally impaired person (para. (1) misuse of this condition by making it possible for him to carry out a sex act or to make it to himself, or to act as a sexual act with another person or, in order to become himself or a third party, by the use of such a sex act. It is to be punished with imprisonment of six months to five years for the purpose of making a sexual act on its own, and it is tempted to punish or satisfy itself.

(3) If the act has a serious bodily injury (§ 84 para. 1) or a pregnancy of the abused person, or if the abused person is transferred through the act for a longer period of time into an agonisable condition or in a special way The perpetrator is punished with imprisonment of five to fifteen years, but has the effect of punishing the death of the abused person, with imprisonment of ten to twenty years, or with life imprisonment. "

10. § 206 (3) and (4) reads:

" (3) Does the act result in a serious bodily injury (§ 84 para. 1) or a pregnancy of the incompetent person or becomes the unmutable person through the act extended for a longer period of time into an agonisable condition or in a special way The perpetrator is punishable by a custodial sentence of five to fifteen years, but has the effect of punishing the death of the inresponsible person, with imprisonment of ten to twenty years, or with life imprisonment.

(4) The age of the perpetrator does not increase the age of the inresponsible person for more than three years, the unmuddy person is not, in fact, transferred to an agonisable condition for a prolonged period of time nor in a special way humiliated and has the deed. Neither a serious bodily injury (§ 84 para. 1) nor the death of the incompetent person results, the offender according to para. 1 and 2 shall not be punished, unless the incompetent person would have the 13. Life year is not yet complete. "

11. § 207 (3) and (4) reads:

" (3) If the act has resulted in a serious bodily injury (Section 84 (1)) or if the unmuddy person is put into an agonisable condition for a long period of time, or is reduced in a special way, the perpetrator shall be punishable by imprisonment of five to fifteen years, but has the effect of punishing the death of the inresponsible person, with imprisonment of ten to twenty years, or with life imprisonment.

(4) The age of the offender does not increase the age of the inresponsible person for more than four years, the unmuddy person is not, in fact, transferred to an agonisable condition for a long period of time, nor is humiliated in a special way, and is not the consequences of paragraph 3 have occurred, the offender shall not be punished in accordance with paragraphs 1 and 2 unless the innocent person has not yet completed the twelfth year of life. "

12. In § 207b (2), the expression " 16. Life Year " by the expression " 18. Life Year " replaced.

Section 208 (2) reads as follows:

"(2) It is also necessary to punish who, in addition to the case of para. 1, in order to attract or satisfy himself or a third party, has the effect that an innocent person perceives a sex act."

(14) The following paragraphs 3 and 4 are added to section 208:

" (3) Anyone who, in order to attract or satisfy himself or a third party, has the effect that an immature person performs a punishable act in accordance with § § 201 to 207 or 207b shall be punished with imprisonment of up to two years.

(4) If the age of the perpetrator exceeds the age of the incompetent person by more than four years in the first case of para. 1 and in paragraph 2, the offender shall not be punished in accordance with paragraphs 1 and 2 unless the incompetent person would have been the twelfth year of life not yet completed. "

15. In § 208a, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

" (1a) Anyone who is an incompetent person with the intention of committing a criminal offence pursuant to Section 207a (3) or (3a) with regard to pornographic representation (Section 207a (4)) of that person by means of a telecommunications or by using a Computer system makes contact, is punishable by imprisonment up to a year or a fine of up to 360 daily rates. "

16. § 208a (2) reads:

"(2) According to paragraphs 1 and 1a, it is not necessary to punish who voluntarily and before the authority (Section 151 (3)) has been informed of its fault, to give up its project and to disclose its fault to the authority."

17. In § 215a (1), the word order shall be "up to three" through the phrase "from six months to five" replaced.

18. § 215a (2) reads:

" (2) Anyone who acts against an immutable person, in the context of a criminal organisation, in the use of serious violence or in such a way that the life of the person is deliberately or grossly negligently endangered or the deed is a special one. has a serious disadvantage for the person, is punishable by imprisonment of one to ten years. "

19. In § 216 (1) the word order shall be "One Year" through the phrase "two years" replaced.

(20) In § 216 (2), the word shall be: "two" by the word "Three" replaced.

21. In § 216 (3) and (4), the word order shall be "up to three" through the phrase "from six months to five" replaced.

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

Article 2

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I n ° 2/2013, shall be amended as follows:

(1) In § 66 (2), the following sentence shall be inserted after the first sentence:

"Victims who may have been injured in their sexual integrity and who have not yet completed the fourteenth year of their life are in any case subject to psycho-social process accompaniment."

2. § 514 shall be referred to in paragraph 22 of the following paragraph 23. attached:

" (23) § 66 (2) in the version of the Federal Law BGBl. I n ° 116/2013 is 1. Jänner 2014 in force. "

Article 3

Implementation of European Union directives

(1) Articles 1 Z 3, 4, 12 to 18 and 22 and Article 2 Z 1 of this Federal Act are used to implement Directive 2011 /93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, as well as on child pornography and child pornography. Replacement of Framework Decision 2004 /68/JHA, OJ L 206, 22.7.2004 No. 1., as amended by the corrigendum OJ L 327, 28.12.2011, p. No. OJ L 18, 21.1.2012 p. 7.

(2) Article 1 (5) of this Federal Act provides for the implementation of Directive 2011 /36/EU on preventing and combating trafficking in human beings and protecting its victims, and replacing Framework Decision 2002 /629/JHA, OJ L 206, 22.7.2002, p. No. OJ L 101, 15.4.2011 p. 1.

Article 4

entry into force

Art. 1 of this Federal Law will enter into force on 1 August 2013.

Fischer

Faymann