Definition
(1) Any person who abuses a child sexually is sentenced to an imprisonment from eight
years to fifteen years. If the said sexual abuse ceases at the level of sexual importunity, the
term of imprisonment shall be from three years to eight years. If offender of the offence
ceased at the level of importunity is a child, commencement of an investigation and
prosecution depends on the complaint of the victim’ parents or guardian.
Sexual molestation covers the following acts;
a) All kinds of sexual attempt against children who are under the age of fifteen or against
those attained the age of fifteen but lack the ability to understand the legal consequences of
such act,
b) Sexual behaviours committed against other children by force, threat, fraud or another
reason affecting the willpower.
(2) In case of performance of sexual abuse by inserting an organ or instrument into a body,
the offender is sentenced to a term of imprisonment no less than sixteen years.
(3) If the offense is committed;
a) by participation of more than one person in the offense,
b) by using the advantage of the environment where people have to live together
collectively,
c) against a person with whom he or she has third degree blood relation or kinship, or by
stepfather, stepmother, half-sibling or adopter,
d) by his/her guardian, tutor, instructor, caregiver, custodial parents or by those who
provide him/her with health care or are under an obligation to protect, look after or supervise
him/her,
e) by undue influence based on public office or employment relationship, the punishment
to be imposed according to the above subparagraphs is increased by one half.
(4) In cases where the sexual abuse is conducted against the children identified under subparagraph
(a) of the first paragraph by use of force or threat, or against the children identified
under sub-paragraph (b) therein by use of arms, the punishment to be imposed according to
the above paragraphs is increased by one half.
(5) In case of use of force and violence during sexual assault in such a way to result in
serious consequences of intentional injury, the offender is additionally punished for
intentional injury.
(6) In case of vegetative state or death of a person as a result of the offense, the offender is
sentenced to aggravated life imprisonment.