130. Federal law with which the Criminal Code is amended (Criminal Code 2011)

The National Council has decided:

table of contents

Art.	Subject matter
1	Amendment of the Criminal Code
2	entry into force

Article 1

Amendments to the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I No 103/2011, shall be amended as follows:

1. In § 33, the previous content shall be given the sales designation "(1)" ; the following paragraph 2 is added:

"(2) In addition to the cases of Section 39a (1), it is also a reason why a full-year perpetrator has committed the act using force or a dangerous threat against an immutable person."

2. In accordance with § 39, the following § 39a and heading is inserted:

" Changes in the threat of punishment in the case of punishable acts against unculpable persons

§ 39a. (1) If a full-year offender has committed an intentional criminal offence against an immutable person, using force or a dangerous threat, the threat shall be replaced by the threat of

1.		a term of imprisonment of up to one year or the threat of such a custodial sentence or a fine the threat of a term of imprisonment of two months to one year,
2.		a custodial sentence which does not provide for a minimum amount and which exceeds a maximum of one year, the threat of a minimum term of three months ' imprisonment,
3.		a custodial sentence of a minimum of six months, the threat of a minimum sentence of one year's imprisonment,
4.		a term of imprisonment, the minimum of which is one year, the threat of a minimum of two years ' imprisonment.

(2) In the case of the application of § § 36 and 41, the criminal threats as amended in accordance with paragraph 1 shall be presumed. "

3. § 64 (1) Z 4 reads:

" 4.		Falsification of money (§ 232), the criminal organisation (§ 278a), criminal organisation (§ 278a) and the acts punishable under Articles 28a, 31a and 32 (3) of the Law on Narcotic Drugs in accordance with § 232 of the Act of Criminal Law, if by the act Austrian interests have been violated or the offender cannot be extradited; "

4. § 64 (1) (4a):

" 4a.		Genital mutilation in the sense of § 90 (3), extortion (§ 102), extradition to a foreign power (§ 103), slave trade (§ 104), trafficking in human beings (§ 104a), severe coercion according to § 106 para. 1 Z 3, prohibited adoption agency (§ § 104a). 194), sexual abuse of a defenceless or psychologically impaired person (§ 205), serious sexual abuse of inconsals (§ 206), sexual abuse of inconsals (§ 207), pornographic representations of minors pursuant to § 207a (1) and 2, sexual abuse of young people (§ 207b), abuse of a Authority relationship pursuant to Section 212 (1), Promotion of prostitution and pornographic performances of minors (§ 215a), Cross-border Prostitution Trading (§ 217), if:
a)			the perpetrator or victim is an Austrian or has his habitual residence at home,
b)			have been infringed by the act of other Austrian interests, or
c)			the perpetrator, at the time of the act, was a foreigner, is in Austria and cannot be extradited; "

5. According to § 208, the following § 208a is inserted:

" Initiation of sexual contacts to incapacials

§ 208a. (1) Anyone who intends to commit an unmutable person with the intention of committing a criminal act in accordance with § § 201 to 207a (1) (1) (1) (1) (1) (1))

1.		by means of a telecommunications system, using a computer system, or
2.		in any other way, under deception of his intention
a personal meeting or an agreement with it and a concrete preparatory action to carry out the personal meeting with this person shall be punishable by imprisonment for up to two years.

(2) According to paragraph 1, 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. "

(6) In § 215a, the following paragraph 2a is inserted after paragraph 2:

" (2a) Anyone who knowingly considers a pornographic presentation to which an oral underage person is involved shall be punished with imprisonment of up to one year. By imprisonment of up to two years is to be punished, who knowingly considers a pornographic performance on which an unmutable person participates. "

Article 2

entry into force

This federal law comes with 1. Jänner 2012 in force.

Fischer

Faymann