130. Federal law that modifies the Penal Code (Penal Code amendment to 2011)
The National Council has decided:
Table of contents
Item 1 amendment of the Penal Code 2 entry into force of article 1
Amendments to the criminal code
The criminal code, Federal Law Gazette No. 60/1974, amended by Federal Law Gazette I no. 103/2011, is amended as follows:
1. in article 33, the previous content is paragraph named (1); the following paragraph 2 is added:
"(2) an aggravating is it except in the cases of § 39a para 1 also, if an adult offender has committed the offence using violence or dangerous threat against a minor person."
2. According to article 39, the following article 39a and heading shall be inserted:
"Change the threat of punishment for criminal offences against minors
Article 39a. (1) an adult offender committed an intentional criminal offence using violence or dangerous threat against a minor person, so the threat of a prison sentence of two months replaces up to year one, 2. a term of imprisonment, which foresees a minimum and their Höchstmaß a year exceeds the threat 1 of imprisonment up to one year or the threat of such a term of imprisonment or a fine , the threat of a minimum of three months imprisonment, 3. a term of imprisonment, which Mindestmaß six months is, the threat of a minimum of one year imprisonment, 4. a term of imprisonment, which Mindestmaß a year is, the threat of a minimum of two years imprisonment.
(2) in the application of articles 36 and 41 is to proceed from the sanctions as referred to in paragraph 1.
3. § 64 para 1 No. 4 is: "4. counterfeiting (article 232), punishable according to article 232 counterfeit of specially protected securities (article 237), criminal organization (§ 278a) and according to the sections 28a, 31a and 32 para 3 of the narcotic substances Act offences, when Austrian interests have been injured by the offence or the offender not can be extradited"
4. § 64 paragraph 1 Z 4a is: '4a.
Female genital mutilation within the meaning of article 90, par. 3, extortionate kidnapping (section 102), tradition to a foreign power (§ 103), slave trade (paragraph 104), trafficking in human beings (Article 104a), severe coercion according to article 106, paragraph 1 Z 3, prohibited Adoption Agency (article 194), sexual abuse of a helpless or mentally impaired person (article 205), severe sexual abuse of minor (§ 206), sexual abuse of a minor (article 207), pornographic representations of minors § 207a para 1 and 2, sexual abuse of young people (§ 207 b) ", Missbrauch eines Autoritätsverhältnisses nach § 212 Abs. 1, Förderung der Prostitution und pornographischer Darbietungen Minderjähriger (§ 215a), cross-border trade of prostitution (§ 217), if a) the perpetrator or the victim of Austrians is or has his habitual residence in Germany, b) other Austrian interests have been injured by the offence or c) the perpetrator at the time of the deed was a foreigner, resides in Austria and not be served;"
5. According to the § 208, 208a the following section is inserted:
"Initiation of sexual contacts to babes
section 208a. (1) If a minor person in the intention of committing a criminal offense Z 1, her after the §§ 201-207a para 1
by way of a telecommunications, using a computer system or
otherwise see deception about his intention proposes a personal meeting or agreed this with her, and a concrete action of the preparation for the implementation of the personal meeting with this person is, is to punish up to two years imprisonment.
(2) according to paragraph 1 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."
6. in § 215a, after paragraph 2 of the following paragraph 2a is inserted:
"(2a) who knowingly is a pornographic performance of a consenting minor person participates, considered, to punish up to one year imprisonment. With imprisonment up to two years to punish, who knowingly a pornographic performance, are involved in a minor person, considered."
Entry into force
This federal law shall enter into force January 1, 2012.