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29 June 2011



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Legislation of Interpol member states on sexual offences against children

Czech Republic - République Tchèque - Rep. Checa Contents Djibouti - Djibouti - Yibuti

Denmark - Danemark - Dinamarca
Copenhague

 

I. Ages for legal purposes

Age of simple majority

The full legal age is eighteen (18) years.

Age of consent for sexual activity

When a person is fifteen (15) years old s/he can consent to sexual intercourse.

Age of consent for marriage

A person can get married without permission of the parents when s/he has reached the age of eighteen (18) years.

 

II. Rape

§ 216 of the Danish Penal Code

" (1) Any person who enforces sexual intercourse by violence or under threat of violence, shall be guilty of rape and liable to imprisonment for any term not exceeding 6 years. The placing of a person in such a position that that person is unable to resist the act shall be equivalent to violence.

(2) If the rape has been of a particularly dangerous nature, or in particularly aggravating circumstances, the penalty may be increased to imprisonment for any term not exceeding ten years. "

 

III. Other forms of child sex abuse

§ 217 of the Danish Penal Code

" Any person who by other unlawful compulsion (as described in section 260 of this Act) than violence or threat of violence, procures for himself sexual intercourse, shall be liable to imprisonment for any term not exceeding four years. "

§ 218 of the Danish Penal Code

" (1) Any person who, by exploitation of another person's mental illness or mental deficiency, procures for himself extra-marital sexual intercourse with that person shall be liable to imprisonment for any term not exceeding four years.

(2) Any person who procures for himself extra-marital intercourse with a person who is in such a position that he is unable to resist the act shall be liable to imprisonment for any term not exceeding four years, unless the act is covered by the provisions of section 216 of this act. "

§ 219 of the Danish Penal Code

" Any person who is employed in or in charge of any prison, welfarehome, children's or young person's home, hospital for treatment of mental disorders, institution for the mentally deficient or any similar institution, and who has sexual intercourse with any person who is an inmate of the same institution shall be liable to imprisonment for any term not exceeding four years. "

§ 220 of the Danish Penal Code

" Any person who, by grave abuse of the subordinate position or economic dependence of another person, has extramarital sexual intercourse with that person shall be liable to imprisonment for any term not exceeding one year or, where the person is under twenty-one (21) years of age, to imprisonment for any term not exceeding three years. "

§ 222 of the Danish Penal Code

" (1) Any person who has sexual intercourse with any child under the age of fifteen (15) shall be liable to imprisonment for any term not exceeding six years.

(2) If the child is under the age of twelve (12), or if the perpetrator has enforced the sexual intercourse by coercion or by intimidation, the penalty may be increased to imprisonment for any term not exceeding ten years. "

§ 223 of the Danish Penal Code

" (1) Any person who has sexual intercourse with a person under the age of eighteen (18) who is his adopted child, step-child or foster child, or who has been entrusted to him for instruction or education, shall be liable to imprisonment for any term not exceeding ten years.

(2) The same penalty shall apply to any person who, by gravely abusing superior age or experience, induces any person under the age of eighteen (18) to sexual intercourse. "

§ 225 of the Danish Penal Code

" The provisions in sections 216-220 and sections 222 - 223 shall similarly apply in connection with sexual relations with a person of the same sex . "

 

IV. Child prostitution

§ 228 of the Danish Penal Code

" (1) Any person who-

1) induces another to seek a profit by sexual immorality with others; or

2) for the purpose of gain, induces another to indulge in sexual immorality with

others or prevents another who engages in sexual immorality as a profession

from giving it up; or

3) keeps a brothel;

-shall be guilty of procuring and liable to imprisonment for any term not exceeding four years.

(2) The same penalty shall apply to any person who incites or helps a person under the age of twenty-one (21) to engage in sexual immorality as a profession, or to any person who abets some other person to leave the Kingdom in order that the latter shall engage in sexual immorality as a profession abroad or shall be used for such immorality, where that person is under the age of twenty-one (21) or is at the time ignorant of the purpose. "

§ 229 of the Danish Penal Code

" (1) Any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession, shall be liable to imprisonment for any term not exceeding three years or, in mitigating circumstances, to simple detention or a fine.

(2) Any person who lets a room in a hotel or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.

(3) Any man who allows himself to be maintained, in whole or in part, by a woman who makes her living by prostitution shall be liable to imprisonment for any term not exceeding four years.

(4) Any man who, in spite of warnings by the Police, lives with a woman who makes her living by prostitution shall be liable to imprisonment for any term not exceeding one year. A warning given by the Police shall be valid for five years.

(5) The penal provisions in subsections (3) and (4) above shall not apply to male persons under the age of eighteen (18) whom the woman are under a legal obligation to support. "

§ 233 of the Danish Penal Code

" Any person who incites or invites other persons to prostitution or exhibits immoral habits in a manner which is likely to annoy others or arouse public offence shall be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine. "

 

V. Child pornography

§ 235 of the Danish Penal Code

" (1) Any person who commercially sells or otherwise disseminates, or who, with such an intention, produces or procures obscene photographs, films or similar objects of children shall be liable to a fine, to simple detention or to imprisonment for any term not exceeding six months.

(2) Any person who possesses photographs, films or similar objects of children engaged in sexual intercourse or other sexual relation other than sexual intercourse shall be liable to a fine. Similarly liable to a fine is any person who possesses photographs, films or similar objects of children engaged in sexual intercourse with animals or making use of objects in a grossly obscene manner. "

 

VI. Extra-territorial legislation

§7 of the Danish Penal Code states

" (1) Acts committed outside the territory of the Danish State by a Danish national or by a person resident in the Danish State shall also be subject to Danish criminal jurisdiction in the following circumstances, namely ;

  • where the act was committed outside the territory recognised by international law as belonging to any State, provided acts of the kind in question are punishable with a sentence more severe than simple detention ; or
  • where the act was committed within the territory of a foreign State, provided that it is also punishable under the law in force in that territory. "

 

Legislation of Interpol member states on sexual offences against children

Czech Republic - République Tchèque - Rep. Checa Contents Djibouti - Djibouti - Yibuti

Last modified on 7 Jan 2003 
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