Article 141. Rape

1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

c) The offence is committed by more than one person against one person;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) The offence is of an incestuous nature;

g) The offence results in the victim's pregnancy;

h) The offence causes 31% - 60% WPI for the victim;

i) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

k) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offence results in the death or suicide of the victim.

4. The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

5. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 142. Rape of a person under 16

1. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

a) Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

b) Engaging in sexual intercourse or other sexual activities with a person under 13.

2. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence causes 31% - 60% WPI for the victim;

d) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

dd) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

e) The offence has been committed more than once;

g) The offence is committed against 02 or more people;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence is committed by an organized group;

b) The offence is committed by more than one person against one person;

c) The offence is committed against a person under 10;

d) The offence causes ≥ 61% WPI for the victim.

dd) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

e) The offender commits the offence in the knowledge of his HIV infection;

g) The offence results in the death or suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 143. Sexual abuse

1. Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is of an incestuous nature;

dd) The offence results in the victim's pregnancy;

e) The offence causes 31% - 60% WPI for the victim;

g) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The victim suffers from ≥ 46% mental and behavioral disability;

c) The offender commits the offence in the knowledge of his HIV infection;

d) The offence results in the death or suicide of the victim.

4. If this offence is committed against a person aged from 16 to under 18, the offender shall face a penalty of 02 - 07 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

5. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 144. Sexual abuse of a person aged from 13 to under 16

1. Any person who employs trickery to make a person aged from 13 to under 16 who is his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 05 - 10 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence causes 31% - 60% WPI for the victim;

d) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

dd) The offence has been committed more than once;

e) The offence is committed against 02 or more people;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence causes ≥ 61% WPI for the victim;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offender commits the offence in the knowledge of his HIV infection;

dd) The offence results in the death or suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16

1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence is of an incestuous nature;

d) The offence results in the victim's pregnancy;

dd) The offence causes 31% - 60% WPI for the victim;

e) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 146. Molestation of a person under 16

1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 147. Employment of a person under 16 for pornographic purposes

1. Any person aged 18 or over who persuades, entices, forces a person under 16 to participate in a pornographic performance or watch a pornographic performance in any shape or form shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The offence is committed for commercial purposes;

e) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

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