Section 2 bis: Recourse to prostitution of minors or particularly vulnerable persons
(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002)(Law nº 2003-239 of March 18, 2003 art. 50 3º, 4º Official Journal of March 19, 2003) Soliciting, accepting or obtaining, in exchange for remuneration or a promise of remuneration, relations of a sexual nature from a minor who engages in prostitution, including by occasional, is punished by three years’ imprisonment and a fine of 45,000 euros. The same penalties apply to soliciting, accepting or obtaining, in exchange for remuneration or a promise of remuneration, sexual relations from a person who engages in prostitution, including included occasionally, when this person presents a particular vulnerability, apparent or known to the perpetrator, due to illness, infirmity, physical or mental impairment or a state of pregnancy.
The penalties are increased to five years imprisonment and a 75,000 euro fine:1 ° When the offense is committed in the usual way or against several people;
2 ° When the person has been put in contact with the author of the facts through the use, for the dissemination of messages intended for an undetermined audience, of a communication network;
3 ° When the acts are committed by a person who abuses the authority conferred on him by his functions;
4 ° When the perpetrator has deliberately or recklessly endangered the life of the person or has committed violence against him.
The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros in the case of a minor of fifteen years.
(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002)(Law nº 2003-239 of March 18, 2003 art. 50 3º Official Journal of March 19, 2003) In the event that the offenses provided for in Articles 225-12-1 and 225-12-2 are committed abroad by a French person or by a person habitually residing on French territory, French law is applicable by way of derogation from the second paragraph of article 113-6 and the provisions of the second sentence of article 113-8 are not applicable.
(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002) (Law nº 2003-239 of March 18, 2003 art. 50 3º Official Journal of March 19, 2003)
Legal persons may be declared criminally liable under the conditions provided for in article 121-2 for the offenses provided for in this section.
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.
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.