Law On The Protection Of Minors Against Solicitation For Purposes Of Committing Sexual Offences (1)

Original Language Title: Loi relative à la protection des mineurs contre la sollicitation à des fins de perpétration d'infractions à caractère sexuel (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009191&caller=list&article_lang=F&row_id=700&numero=797&pub_date=2014-04-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-30 Numac: 2014009191 FEDERAL JUSTICE PUBLIC SERVICE April 10, 2014. -Law on the protection of minors against solicitation for purposes of committing sexual offences (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
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2. in book II, title VII, chapter V, of the penal Code, it is inserted an article 377ter as follows: "article . 377ter in the cases provided by this chapter or by chapters VI and VII of this title, the minimum of the punishment borne on the articles concerned is doubled if it is a term of imprisonment, and increased by two years if it comes to life, when the crime or offence was committed against a minor under sixteen years of age and prior to this crime or offence the author sought this minor with the intention of subsequently commit the acts referred to in this chapter or chapters VI and VII of this title.
In the cases referred to article 377, paragraphs 4 to 6, the increase of the minimum of the penalty provided for in the paragraph 1 is limited in such a way that, combined with the increase of the penalties provided for in article 377bis, it does exceed not the maximum of sentencing expected. "."
S. 3. in book II, title VII, chapter V, of the same Code, it is inserted an article 377quater as follows: "article 377quater. the major person who, through information and communication technologies, offers a meeting to a minor under sixteen years made with intent to commit an offence referred to in this chapter or chapters VI and VII of this title, shall be punished by imprisonment of one to five years, if this proposal has been followed by material acts leading to that meeting. "."
S. 4. in article 382bis, paragraph 1, of the same Code, inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and last amended by the Act of December 14, 2012, the word "377quater", is inserted between words "372 to 377", and the words "380ter 379".
S. 5. in article 382quater of the same Code, inserted by the law of December 14, 2012, the word "377quater", is inserted between words "372 to 377", and the words "380ter 379".
S. 6. in article 458bis of the Code, inserted by the Act of 28 November 2000 and amended by the Act of November 30, 2011 and the law of February 23, 2012, the word "377quater", is inserted between the words "372-377", and the words "392-394".
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7. in article 10B, paragraph 1, 2 °, of the law of April 18, 1878 containing the preliminary of the Code of criminal procedure, inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and as amended by the Act of 6 February 2012, the word ", 377quater" is inserted between the words "372-377" and the words "and 409".
S. 8. in article 21, paragraph 3, of the Act, as amended by the Act of November 30, 2011, the word "377quater", is inserted between words "372 to 377", and the word "379".
S. 9. in article 21bis, paragraph 1, of the Act, inserted by the Act of 13 April 1995 and amended by the law of 28 November 2000 and 30 November 2011, the word "377quater", is inserted between the words "372-377", and the "379" Word.
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10. in article 91bis of the Code of criminal procedure, inserted by the Act of 13 April 1995 and amended by the acts of 28 November 2000 and 10 August 2005, the word "377quater", is inserted between the words "372-377", and the "379" Word.
S. 11. in article 92, § 1, paragraph 1, of the same Code, as last amended by the Act of November 30, 2011, the word "377quater", is inserted between the words "372-377", and the word "379".
S. 12. at article 20, paragraph 2, of the Act of April 9, 1930, of social against the abnormal defense, habitual offenders and perpetrators of certain sexual offences, as amended by the Act of 27 December 2006, the words "and 377quater" are inserted between the words "372-377" and the words "of the penal Code".
S. 13 in article 20A, paragraph 1, of the Act, inserted by Act of 28 November 2000, the words "and 377quater" are inserted between the words "372-377" and the words "of the penal Code".
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14. in article 9A, paragraph 1, of the Act of 29 June 1964 on suspension, suspension and probation, inserted by the Act of 28 November 2000 and amended by the Act of 27 December 2006, the words "and 377quater" are inserted between the words "372-377" and the words "of the penal Code".
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15. in article 25, § 2, d), first indent, of the Act of 17 May 2006 relating to the legal status external persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing rules of the penalty, as amended by the Act of March 17, 2013, the words "377ter, 377quater", shall be inserted between the words "377bis "and the word"379".
S. 16. in article 26, § 2, d), first indent, of the Act, as last amended by the Act of March 17, 2013, the words "377ter, 377quater", shall be inserted between the word "377bis", and the word "379".
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17. at article 5, § 4, 2 °, b), of the Act of June 8, 2006, setting economic and individual with weapons activities, as last amended by the law of July 25, 2008, the word "377quater", is inserted between words "372-377", and the words "392-410".
S. 18. at article 15, § 1, of the Act of April 21, 2007 the internment of people with a mental disorder, the word "377quater", is inserted between the words "in articles 372-377", and the words "380ter 379".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 10, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 53-3449: 3 and April 4, 2014.
Senate (www.senate.be): Documents: 5-1823 annals of the Senate: 27 February 2014 and March 13, 2014.