YOUTH CORRUPTION AND PROSTITUTION
LexInter | September 3, 2014 | 0 Comments

YOUTH CORRUPTION AND PROSTITUTION

Section VII

Youth corruption and prostitution

(Articles 497 to 504)

Article 497

(Modified and complemented by the Law n ° 24.03)

 Anyone who excites, promotes or facilitates debauchery or prostitution of minors under the age of eighteen is punished with imprisonment of two to ten years and a fine of twenty thousand to two hundred thousand dirhams.

Article 498

(Modified and complemented by the Law n ° 24.03)

 Is punished by imprisonment of one to five years and a fine of five thousand to one million dirhams, unless the fact constitutes a more serious offense, anyone who knowingly: 1 ° in any way, helps , assists or protects the prostitution of others or soliciting for the purpose of prostitution;

2 ° in any form, knowingly, collects a share of the proceeds of prostitution or debauchery from others or receives subsidies from a person habitually engaged in prostitution or debauchery;

3 ° knowingly lives with a person habitually engaged in prostitution;

4 ° hires, trains, delivers, protects, even with his consent or exerts pressure on a person with a view to prostitution or debauchery or with a view to continuing to practice prostitution or debauchery;

5 ° acts as an intermediary, in any capacity whatsoever, between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others;

6 ° helps those who exploit the prostitution or debauchery of others to provide false justifications for their financial resources;

7 ° is unable to justify the source of his income, considering his standard of living while living with a person habitually engaged in prostitution or debauchery or having suspicious relations with one or more persons engaged in prostitution. prostitution or debauchery;

80 hinders preventive, control, assistance or re-education actions undertaken by the sectors, bodies or organizations empowered for this purpose vis-à-vis people who engage in prostitution or debauchery or who do so. are exposed.

Article 499

(Modified and complemented by the Law n ° 24.03)

 The penalties enacted in the preceding article are increased to imprisonment from two to ten years and a fine of ten thousand to two million dirhams when:

1 ° the offense was committed against a minor under the age of eighteen;

2 ° the offense was committed against a person in a difficult situation due to his age, illness, handicap or physical or mental weakness, or against a pregnant woman, whether her pregnancy is apparent or known to the culprit;

3 ° the offense was committed against several people j

4 ° the offender is one of the spouses or belongs to one of the categories listed in article 487 of this code j

5 ° the offense was provoked by constraint, abuse of authority, or fraud, or when means which made it possible to photograph, film or record were used.

6 ° the offense is committed by a person charged, by virtue of his position, to participate in the fight against prostitution or debauchery, the protection of health and youth or the maintenance of public order j

7 ° the perpetrator of the offense was carrying an apparent or hidden weapon j

8 ° the offense was committed by several people as authors, co-authors or accomplices without constituting a gang j

9 ° the offense was committed by means of messages sent through the means of communication either to an undetermined public or to specific persons.

Article 499 – 1

(Added by the Law No. 24.03)

The offenses provided for in article 499 above are punishable by imprisonment of ten to twenty years and a fine of one hundred thousand to three million dirhams if they are committed by a criminal association.

Article 499 – 2

(Added by the Law No. 24.03)

 The offenses provided for in articles 499 and 499-1 are punished with life imprisonment if they are committed by torture or acts of barbarism.

Article 500

The penalties provided for in Articles 497 to 499 are incurred even though some of the acts which constitute the constitutive elements of the offense have been carried out outside the Kingdom.

Article 501

(Modified and complemented by the Law n ° 24.03)

 Anyone who has committed himself or, through a third party, one of the following acts is punished by imprisonment from four years to ten years and a fine of five thousand to two million dirhams:

1 ° own, manage, operate, direct, finance or participate in the financing of premises or an establishment usually intended for debauchery or prostitution j

2 ° own, manage, operate, direct, finance or participate in the financing of any

establishment open to the public or usually frequented by the public accepting the usual presence of a person or group of persons indulging in debauchery or prostitution or seeking clients for this purpose within this establishment or its annexes, by tolerating these practices, or by encouraging sex tourism

3 ° make premises or sites not used by the public available to one or more persons knowing that they will be intended for debauchery or prostitution. (*)

The same penalty is applicable to assistants of the aforementioned persons in the previous paragraphs of this article.

In all cases, the judgment must order the withdrawal of the license from which the convicted person is the beneficiary. He can also pronounce the temporary or permanent closure of the premises.

Article 501 – 1

(Added by the Law No. 24.03)

 When the author of the acts provided for in articles 497 to 503 is a legal person, it is punished by a fine of ten thousand to three million dirhams. The additional penalties and security measures provided for in article 127 of this code are applicable to it, without prejudice to the penalties to which its managers are liable.

Article 502

(Modified and complemented by the Law n ° 24.03)

 Is punished by imprisonment from one month to one year and a fine of twenty thousand to two hundred thousand dirhams whoever, by gestures, words, writing or by any other means publicly soliciting people from one or of the other sex in order to provoke them to debauchery.

Article 503

(Amended and compl e t ed by the law n ° 24.03)

 Is punished by imprisonment from one month to two years and a fine of twenty thousand to two hundred thousand dirhams, unless the fact constitutes a more serious offense, anyone who tolerates the habitual and clandestine exercise of debauchery by persons engaged in prostitution in premises or places not used by the public, which they have in any capacity whatsoever.

Article 503 – 1

(Added by the Law No. 24.03)

 Is guilty of sexual harassment and punishable by imprisonment ‘from one to two years and a fine of five thousand to fifty thousand dirhams, anyone who, by abusing the authority which confers his duties, harasses others in using orders, threats, coercion or any other means, in order to obtain favors of a sexual nature.

Article 503 – 2

(Added by the Law No. 24.03)

 Anyone who causes, incites or facilitates the exploitation of children under the age of eighteen years of age in pornography by any portrayal, by any means, of a real, simulated or perceived sexual act or any portrayal of the sexual organs of a child for purposes of a sexual nature, is punished by imprisonment from one year to five years and a fine of ten thousand to one million dirhams.

The same penalty is applicable to anyone who produces, disseminates, publishes, imports, exports,

Exhibits, sells or owns similar pornographic material.

These acts are punished even if their elements are committed outside the Kingdom.

The penalty provided for in the first paragraph of this article is doubled when the perpetrator is one of the ascendants of the child, a person responsible for his protection or having authority over him.

The same penalty is applicable to the attempts of these acts.

The judgment of conviction orders the confiscation and destruction of pornographic material.

The court may order the publication or display of the judgment.

In addition, the judgment may order, if necessary, the withdrawal of the license of which the convicted person is the beneficiary. It can also order the temporary or permanent closure of the premises.

Article 504

In all cases, those guilty of the offenses provided for in this section may, in addition, be struck for at least five years and at most ten years with the prohibition of one or more of the rights mentioned in article 40 and of the stay ban.

The attempt of these offenses is punished with the same penalties as the consummated offense.

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