ENDANGERING MINORS
LexInter | June 6, 2017 | 0 Comments

ENDANGERING MINORS

Section 5: Endangering minors

Article 227-15

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2003-239 of March 18, 2003 art. 44 Official Journal of March 19, 2003)

The fact, by a legitimate, natural or adoptive ascendant or any other person exercising parental authority over him or having authority over a fifteen-year-old minor, of depriving him of support or care to the point of compromising his health is punished by seven years’ imprisonment and a fine of 100,000 euros.
The fact of keeping a child under the age of six on the public highway or in a space assigned to collective passenger transport, in order to solicit the generosity of passers-by, constitutes deprivation of care.

Article 227-16

   The offense defined in the preceding article is punished by thirty years of criminal imprisonment when it resulted in the death of the victim.

Article 227-17

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
 

(Law n ° 2002-1138 of September 9, 2002 art. 27 Official Journal of September 10, 2002)

The fact, by the legitimate father or mother, natural or adoptive, of withdrawing, without legitimate reason, from his legal obligations to the point of compromising the health, safety, morality or education of his minor child is punished by two years’ imprisonment and a fine of 30,000 euros.
The offense provided for in this article is assimilated to abandonment of the family for the application of 3 ° of article 373 of the civil code.

Article 227-17-1

(Law n ° 98-1165 of December 18, 1998 art. 5 Official Journal of December 22, 1998)
 

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

The fact, by the parents of a child or any person exercising parental authority or de facto authority over him on a continuous basis, of not enrolling him in an educational establishment, without valid excuse, in spite of ‘a formal notice from the inspector of the academy, is punished by six months’ imprisonment and a fine of 7,500 euros.
The fact, by a director of a private establishment hosting non-contracted classes, of not having taken, despite the formal notice of the academy inspector, the necessary measures to ensure that the education provided therein complies to the object of compulsory education, as it is defined by article 16 of the law of March 28, 1882 on primary education, and not having closed these classes is punishable six months’ imprisonment and a fine of 7,500 euros. In addition, the court can order against him the prohibition of directing or teaching as well as the closure of the establishment.

Article 227-17-2

(Law n ° 98-1165 of December 18, 1998 art. 5 Official Journal of December 22, 1998)
(Law n ° 2001-504 of June 12, 2001 art. 13 Official Journal of June 13, 2001)

Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in articles 227-15 to 227-17-1.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in article 131-39.

Article 227-18

(Law n ° 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Directly provoking a minor to use drugs illicitly is punishable by five years’ imprisonment and a fine of 100,000 euros.
In the case of a minor of fifteen years or that the acts are committed inside a school or educational establishment or, on the occasion of the entries or exits of the pupils, in the vicinity of such establishment, the offense defined by this article is punishable by seven years’ imprisonment and a fine of 150,000 euros.

Article 227-18-1

(Law nº 96-392 of May 13, 1996 art. 18 Official Journal of May 14, 1996)
(Law n ° 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Directly provoking a minor to transport, hold, offer or hand over narcotics is punished by seven years’ imprisonment and a fine of 150,000 euros.
In the case of a minor of fifteen years or that the acts are committed inside a school or educational establishment or, on the occasion of the entries or exits of the pupils, in the vicinity of such establishment, the offense defined by this article is punishable by ten years’ imprisonment and a fine of 300,000 euros.

Article 227-19

(Law n ° 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Directly provoking a minor to the habitual and excessive consumption of alcoholic beverages is punished by two years’ imprisonment and a fine of 45,000 euros.
In the case of a minor of fifteen years or that the acts are committed inside a school or educational establishment or, on the occasion of the entries or exits of the pupils, in the vicinity of such establishment, the offense defined by this article is punishable by three years’ imprisonment and a fine of 75,000 euros.

Article 227-21

(Law n ° 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2002-1138 of September 9, 2002 art. 28 Official Journal of September 10, 2002)

Directly provoking a minor to commit a crime or an offense is punished by five years’ imprisonment and a fine of 150,000 euros.
In the case of a minor of fifteen years, that the minor is usually provoked to commit crimes or misdemeanors or that the acts are committed within a school or educational establishment or, on occasion entry or exit of students in the vicinity of such an establishment, the offense defined by this article is punishable by seven years’ imprisonment and a fine of 150,000 euros.

Article 227-22

(Law nº 98-468 of June 17, 1998 art. 13, art. 16 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Promoting or attempting to promote the corruption of a minor is punished by five years’ imprisonment and a fine of 75,000 euros. These penalties are increased to seven years imprisonment and 100,000 euros fine when the minor is under the age of fifteen or when the minor has been put in contact with the perpetrator through the use, for dissemination messages intended for an undetermined audience, a telecommunications network or that the acts are committed inside a school or educational establishment or, on the occasion of the entries or exits of the pupils, in the vicinity of such an establishment.
The same penalties are applicable in particular to the fact, committed by an adult, of organizing meetings involving exhibitions or sexual relations in which a minor attends or participates.

Article 227-23

(Law n ° 98-468 of June 17, 1998 art. 17 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2002-305 of March 4, 2002 art. 14 Official Journal of March 5, 2002)

The fact, with a view to its dissemination, of fixing, recording or transmitting the image or representation of a minor when this image or representation is pornographic is punishable by three years’ imprisonment and 45,000 euros. fine.
The fact of disseminating such an image or representation, by any means whatsoever, of importing or exporting it, having it imported or having it exported, is punishable by the same penalties.
The penalties are increased to five years’ imprisonment and a fine of 75,000 euros when it has been used, for the dissemination of the image or representation of the minor to an undetermined audience, a telecommunications network .
Holding such an image or representation is punishable by two years’ imprisonment and a fine of 30,000 euros.
The provisions of this article are also applicable to pornographic images of a person whose physical appearance is that of a minor, unless it is established that this person was eighteen years old on the date of fixation or the recording of its image.

Article 227-24

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

The fact either of manufacturing, transporting, disseminating by any means whatsoever and whatever the medium a message of a violent or pornographic nature or likely to seriously infringe on human dignity, or of trading in such a message is punished by three years’ imprisonment and a fine of 75,000 euros when this message is likely to be seen or perceived by a minor.
When the offenses provided for in this article are submitted through the written or audiovisual press, the specific provisions of the laws governing these matters are applicable with regard to the determination of the persons responsible.

Article 227-25

(Law n ° 98-468 of June 17, 1998 art. 18 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

The fact, by a major, to exercise without violence, constraint, threat or surprise a sexual attack on the person of a minor of fifteen years is punished by five years of imprisonment and a 75,000 euros fine.

Article 227-26

(Law n ° 94-89 of February 1, 1994 art. 15 Official Journal of February 2, 1994 in force on March 1, 1994)
(Law n ° 95-116 of February 4, 1995, art. 121 Official Journal of February 5, 1995)
(Law nº 98-468 of June 17, 1998 art. 13, art. 19 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) 
(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002)

The offense defined in article 227-25 is punishable by ten years’ imprisonment and a fine of 150,000 euros:
1 ° When committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;
2 ° When it is committed by a person who abuses the authority conferred on him by his functions;
3 ° When it is committed by several people acting as perpetrator or accomplice;
4 ° When the minor has been put in contact with the perpetrator through the use, for the dissemination of messages intended for an undetermined audience, of a telecommunications network.

Article 227-27

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Sexual attacks without violence, constraint, threat or surprise on a minor over the age of fifteen and not emancipated by marriage are punishable by two years’ imprisonment and a fine of 30,000 euros:
1 ° When they are committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;
2 ° When they are committed by a person who abuses the authority conferred on him by his functions.

Article 227-27-1

(inserted by Law nº 98-468 of June 17, 1998 art. 19 Official Journal of June 18, 1998)

In the event that the offenses provided for by articles 227-22, 227-23 or 227-25 to 227-27 are committed abroad by a French person or by a person habitually residing on French territory, French law is applicable. notwithstanding the second paragraph of article 113-6 and the provisions of the second sentence of article 113-8 are not applicable.

Article 227-28

   When the offenses provided for in Articles 227-18 to 227-21 and 227-23 are committed through the written or audiovisual press, the specific provisions of the laws governing these matters are applicable with regard to the determination of the persons responsible.

Article 227-28-1

(Law n ° 98-468 of June 17, 1998 art. 20 Official Journal of June 18, 1998)
(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002)

Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses provided for in articles 227-18 to 227-26.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2º The penalties mentioned in 2º, 3º, 4º, 5º, 7º, 8º and 9º of article 131-39.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

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