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)

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10 AVRIL 2014. - Protection of minors against solicitation for the purpose of perpetration of sexual offences (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Book II, Title VII, Chapter V, of the Criminal Code, an article 377ter is inserted as follows:
"Art. 377ter. In the cases provided for in this chapter or in chapters VI and VII of this title, the minimum of the penalties imposed by the articles concerned is doubled if it is a term of imprisonment, and increased by two years if it is a matter of imprisonment, where the offence or offence has been committed against a minor under the age of sixteen years and that before this offence or offence, the perpetrator had applied for this title to the offence.
In the cases referred to in section 377, paragraphs 4 to 6, the increase in the minimum penalty provided for in paragraph 1er is limited in such a way that, combined with the increase in the penalties provided for in section 377bis, it does not exceed the maximum of the penalty provided.".
Art. 3. In Book II, Part VII, Chapter V, of the same Code, an article 377quater is inserted as follows:
"Art. 377quater. A person who, through information and communication technologies, proposes a meeting with a minor under the age of sixteen years in the intention of committing an offence referred to in this chapter or in chapters VI and VII of this title, shall be punished by imprisonment from one year to five years, if this proposal has been followed by material acts leading to the meeting."
Art. 4. In article 382bis, paragraph 1er, of the same Code, inserted by the law of 13 April 1995, replaced by the law of 28 November 2000 and last amended by the law of 14 December 2012, the word "377quater," is inserted between the words "372 to 377," and the words "379 to 380ter".
Art. 5. In article 382quater of the same Code, inserted by the law of December 14, 2012, the word "377quater," is inserted between the words "372 to 377," and the words "379 to 380ter".
Art. 6. In article 458bis of the same Code, inserted by the law of November 28, 2000 and amended by the law of November 30, 2011 and the law of February 23, 2012, the word "377quater," is inserted between the words "372 to 377," and the words "392 to 394".
Art. 7. In article 10ter, paragraph 1er, 2°, of the law of 18 April 1878 containing the preliminary title of the Code of Criminal Procedure, inserted by the law of 13 April 1995, replaced by the law of 28 November 2000 and last amended by the law of 6 February 2012, the word ", 377quater" is inserted between the words "372 to 377" and the words "and 409".
Art. 8. In section 21, paragraph 3, of the Act, last amended by the Act of November 30, 2011, the word "377quater," is inserted between the words "372 to 377," and the word "379."
Art. 9. In article 21bis, paragraph 1er, of the same law, inserted by the law of 13 April 1995 and amended by the laws of 28 November 2000 and 30 November 2011, the word "377quater," is inserted between the words "372 to 377," and the word "379."
Art. 10. In article 91bis of the Code of Criminal Investigation, inserted by the law of 13 April 1995 and amended by the laws of 28 November 2000 and 10 August 2005, the word "377quater," is inserted between the words "372 to 377," and the word "379."
Art. 11. In Article 92, § 1erParagraph 1er, of the same Code, last amended by the law of November 30, 2011, the word "377quater," is inserted between the words "372 to 377," and the word "379."
Art. 12. In Article 20, paragraph 2, of the Law of 9 April 1930 on Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, last amended by the Law of 27 December 2006, the words "and 377quater" are inserted between the words "372 to 377" and the words "of the Criminal Code".
Art. 13. Article 20 bis, paragraph 1er, of the same law, inserted by the law of November 28, 2000, the words "and 377quater" are inserted between the words "372 to 377" and the words "of the Criminal Code".
Art. 14. In article 9bis, paragraph 1er, of the law of 29 June 1964 concerning suspension, probation and probation, inserted by the law of 28 November 2000 and amended by the law of 27 December 2006, the words "and 377quater" are inserted between the words "372 to 377" and the words "of the Criminal Code".
Art. 15. In article 25, paragraph 2, (d), first dash, of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, last amended by the Act of 17 March 2013, the words "377ter, 377quater," are inserted between the word "377bis," and the word "379,".
Art. 16. In article 26, § 2, d), the first dash, of the same law, last amended by the law of March 17, 2013, the words "377ter, 377quater," are inserted between the word "377bis," and the word "379."
Art. 17. In Article 5, § 4, 2°, (b), of the law of June 8, 2006 regulating economic and individual activities with weapons, last amended by the law of July 25, 2008, the word "377quater," is inserted between the words "372 to 377," and the words "392 to 410".
Art. 18. Article 15, § 1er, of the Act of April 21, 2007 relating to the interning of persons with mental disorder, the word "377quater," is inserted between the words "at sections 372 to 377," and the words "379 to 380ter."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3449
Full report: 3 and 4 April 2014.
Senate (www.senate.be):
Documents: 5-1823
Annales du Senate: February 27, 2014 and March 13, 2014.