(1) Whosoever abuses a person under eighteen years of age by taking advantage of an exploitative situation by

1.  engaging in sexual activity with the person or suffering the person to engage actively in sexual activity with him or

2.  inducing the person to engage in sexual activity with a third person or to suffer sexual acts committed on their own body by a third person,

shall be liable to imprisonment not exceeding five years.

(2) The same penalty shall apply to a person over eighteen years of age who abuses a person under eighteen years of age by engaging in sexual activity with him or to by inducing the person to suffer sexual acts committed by him on their own body for a financial reward.

(3) A person over twenty-one years of age who abuses a person under sixteen years of age by

1.  engaging in sexual activity with the person or causing the person to engage actively in sexual activity with him or

2.  inducing the person to engage in sexual activity with a third person or to suffer sexual acts committed on their own body by a third person,

and thereby exploits the victims lack of capacity for sexual self-determination shall be liable to imprisonment not exceeding three years or a fine.

(4) The attempt shall be punishable.

(5) In cases under subsection (3) above the offence may only be prosecuted upon request unless the prosecuting authority considers propio motu that prosecution is required out of special public interest.

(6) In cases under subsections (1) to (3) above the court may order a discharge under these provisions if in consideration of the conduct of the person against whom the offence was committed the harm of the offence is of a minor nature.