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Art. 187
1. Endangering the development of minors Sexual acts with children 1. Any person who engages in a sexual act with a child under 16 years of age, or, incites a child to commit such an activity, or involves a child in a sexual act, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. No penalty may be imposed if the difference in age between the persons involved is three years or less. 3. If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, or if the child 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.257 4. If the offender acts under the misconception that the child is 16 years of age or older, but he would not have made this error had he exercised due care, a custodial sentence not exceeding three years or a monetary penalty shall be imposed. 5. ...258 6. ...259 257 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 258Repealed by No I of the FA of 21 March 1997, with effect from 1 Sept. 1997 (AS 1997 1626; BBl 1996 IV 13181322). 259Inserted by No I of the FA of 21 March 1997 (AS 1997 1626; BBl 1996 IV 13181322). Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children), with effect from 1 Oct. 2002 (AS 2002 2993; BBl 2000 2943). |