LexInter | August 23, 2013 | 0 Comments

RECOURSE TO THE PROSTITUTION OF MINORS OR PARTICULARLY VULNERABLE PERSONS

PENAL CODE
(Legislative Part)

Section 2 bis: Recourse to prostitution of minors or particularly vulnerable persons

Article 225-12-1

(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.

 

                                                                                                             Article 225-12-2

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.

                                                                                                                   .Article 225-12-3

(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.
                                                                                                             Article 225-12-4

(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.

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