(1) Whosoever engages in sexual activity with a person entrusted to him for counselling, treatment or care because of a mental illness or disability include ing an addiction, or because of a physical illness or disability, and abuses the counselling, treatment or care relationship, or allows the person to engage in sexual activity with himself shall be liable to imprisonment from three months to five years.

(2) Whosoever engages in sexual activity with a person entrusted to him for psychotherapeutic treatment by abusing the treatment relationship or allows them to engage in sexual activity with himself shall incur the same penalty.

(3) The attempt shall be punishable.