Swiss Criminal Code

1. Any per­son who com­mits a sexu­al act by ex­ploit­ing his or her re­la­tion­ship with a minor over the age of 16 who is de­pend­ent on him due to a re­la­tion­ship arising from the minor's edu­ca­tion, care or em­ploy­ment or an­oth­er form of de­pend­ent re­la­tion­ship,

any per­son who en­cour­ages such a minor to com­mit a sexu­al act by ex­ploit­ing such a re­la­tion­ship,

shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2. If the minor is the spouse or re­gistered part­ner of the of­fend­er, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to the court or the im­pos­i­tion of a pen­alty.²²⁸