Swiss Criminal Code

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 act, or

in­volves a child in a such an act,

shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.²⁶⁶

1^bis. If the child is un­der the age of 12 and if the of­fend­er en­gages in a sexu­al act with the child or causes the child to en­gage in a sexu­al act with an­oth­er per­son or with an an­im­al, a cus­todi­al sen­tence of between one and five years shall be im­posed.²⁶⁷

2. No pen­alty may be im­posed if the dif­fer­ence in age between the per­sons in­volved does not ex­ceed three years.

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, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to court or the im­pos­i­tion of a pen­alty.²⁶⁸

4. If the of­fend­er acts un­der the mis­con­cep­tion that the child is 16 years of age or older, but they would not have made this er­ror had they ex­er­cised due care, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty shall be im­posed.

5. ...²⁶⁹

6. ...²⁷⁰