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(valid from April 1 1998) Section 5. Offences committed
abroad against domestic legal interests.
German criminal law shall apply, regardless of the law of the place of commission, to the
following offences committed abroad:
1. ... 6.
6a. abduction of a child in the cases referred to under section 235 subsection 2 no.2
where the act is directed against a person who has his or her domicile or place of
habitual residence in Germany;
7. ...
8. offences against sexual self-determination in the cases referred to under section 174
subsections 1 and 3, if at the time of the act both the perpetrator and the person against
whom the act was committed are Germans whose basis of existence is in Germany, and
b) in the cases referred to under sections 176 to 176b and section 182, if the perpetrator
is German; trafficking in organs (section 18 of the Transplantation Act) if the
perpetrator is German at the time of the offence.
Section 6. Offences committed abroad against internationally protected interests. German
criminal law shall also apply, regardless of the law of the place of commission, to the
following offences committed abroad:
1. ...3.
4. trafficking in human beings (section 180b) and aggravated trafficking in human beings
(section 181);
5. ....
6. dissemination of pornographic writings in the cases referred to under section 184
subsections 3 and 4;
7....
Section 173. Sexual intercourse between relatives. (1) Whoever has
full sexual intercourse with a consanguine descendant shall be punished by imprisonment
not exceeding three years or by a fine.
(2) Whoever has sexual intercourse with a consanguine relative in the ascending line shall
be punished by imprisonment not exceeding two years or by a fine; this shall apply even if
the legal family relationship has ceased to exist. Siblings who have full sexual
intercourse with each other shall be punished in the same way.
(3) Descendants and siblings who had not reached the age of eighteen at the time of the
offence shall not be punished under this provision.
Section 174. Sexual abuse of persons in another's charge. (1) Whoever performs sexual
acts.
1 . on a person of less than sixteen years of age who has been entrusted to him or her for
upbringing, education or care concerning that person's way of life,
2. on a person of less than eighteen years of age who either has been entrusted to him or
her for upbringing, education or care concerning that person's way of life or who is
subordinate to him or her in a service or employment relationship, by abusing a dependency
in connection with the relationship of upbringing, education, care, service or employment,
or
3. on his or her own natural or adopted child of less than eighteen years of age or allows
such a person in his or her charge to perform sexual acts on him or her, shall be punished
by imprisonment not exceeding five years or by a fine.
(2) Whoever, under the prerequisites laid down in subsection 1 nos.1 to 3
1. performs sexual acts in the presence of the person in his or her charge or
2. allows the person in his or her charge to perform sexual acts in his or her presence
in order to thereby sexually arouse either him- or herself or the person in his or her
charge, shall be punished by imprisonment not exceeding three year's or by a fine.
(3) An attempt shall incur criminal liability.
(4) In the cases referred to under subsection 1 no.1 or subsection 2 in conjunction with
subsection 1 no.1, the court may refrain from imposing punishment pursuant to this
provision if, taking the behaviour of the person in his or her charge into consideration,
the wrongfulness of the act is insignificant.
Section 174a. Sexual abuse of prisoners, those in authorised custody or sick persons and
persons in need of care in institutions. (1) Whoever, by abusing his or her position,
performs sexual acts on a prisoner or on a person who has been ordered to authorised
custody and who has been entrusted to him or her for upbringing, education, supervision or
care, or allows the prisoner or person in authorised custody to perform such acts on him
or her, shall be punished by imprisonment not exceeding five years or by a fine.
(2) The same punishment shall be imposed on anyone who abuses a person who has been
admitted on an in-patient basis into an institution for the sick or persons in need of
care and entrusted to him or her for supervision or care, by exploiting this person's
sickness or need of care by performing sexual acts on him or her or allowing him or her to
perform sexual acts on the perpetrator.
(3) An attempt shall incur criminal liability.
Section 174b. Sexual abuse by exploitation of an official position. (1) Whoever, as a
public official professionally engaged in criminal proceedings or in proceedings to order
either a measure of correction and prevention involving deprivation of liberty or to order
official custody, performs sexual acts on the person against whom the proceedings are
directed, or allows this person to perform sexual acts on him or her, abusing the
dependency arising from the proceedings, shall be punished by imprisonment not exceeding
five years or by a fine.
(2) An attempt shall incur criminal liability.
Section 174c. Sexual abuse exploiting a counselling, treatment or care relationship(1)
Whoever, by abusing the counselling, treatment or care relationship, performs sexual acts
on a person entrusted to him or her because of a mental or emotional disorder or
disablement, including diseases of addiction, for counselling, treatment or care, or
induces such person to perform such acts on him or her, shall be punished by imprisonment
not exceeding five years or by a fine.
(2) The same punishment shall be imposed on anyone who performs sexual acts on a person
entrusted to him or her for psychotherapeutic treatment, thereby abusing the treatment
relationship, or allows such person to perform such acts on him or her.
(3) An attempt shall incur criminal liability.
Section 175. (repealed)
Section 176. Sexual abuse of children. (1) Whoever performs sexual acts on a person under
fourteen years of age (a child) or allows a child to perform such acts on him or her shall
be punished by imprisonment from six months to ten years or, in less serious cases, by
imprisonment not exceeding five years or by a fine.
(2) The same punishment shall be imposed on anyone who induces a child to perform sexual
acts on a third person or to allow a third person to perform such acts on the child.
(3) A punishment of imprisonment not exceeding five years or a fine shall be imposed on a
person who
1. performs sexual acts in the child's presence
2. induces a child to perform sexual acts on itself, or
influences a child by showing the child pornographic illustrations or representations, by
playing recordings having a pornographic content or by speech of a similar nature.
(4) An attempt shall incur criminal liability; this shall not apply to offences pursuant
to subsection 3 no. 3.
Section 176a. Aggravated sexual abuse of children. (1) Sexual abuse of children in the
cases referred to under section 176 subsections 1 and 2 shall be punished by imprisonment
of not less than one year where
1 . a person of more than eighteen years of age has full sexual intercourse with the child
or performs similar sexual acts on the child or allows the child to perform such acts on
him or her which involve physical penetration,
2. the offence is committed jointly by several persons,
3. the perpetrator through the offence exposes the child's health to the risk of severe
impairment or exposes the child's physical or emotional development to the risk of serious
damage, or
4. the perpetrator has been convicted of such a criminal offence with legal force in the
past five years.
(2) Imprisonment of not less than two years shall be imposed on anyone who, in the cases
referred to under section 176 subsections 1 to 4, acts as an perpetrator or other
participant with intent to make the offence the subject of a pornographic writing (section
1 1 sub- section 3) which is intended to be disseminated pursuant to section 184
subsection 3 or 4.
(3) In less serious cases referred to under subsection 1, the punishment shall be
imprisonment from three months to five years; in less serious cases referred to under
subsection 2, the punishment shall be imprisonment from one year to ten years.
(4) Imprisonment of not less than five years shall be imposed on anyone who, in the cases
referred to under section 176 subsections 1 and 2
1. seriously physically maltreats the child in committing the offence, or
2. through the offence places the child in mortal danger.
(5) The time during which the perpetrator has been ordered to authorised custody in an
institution shall not be counted against the period specified in subsection 1 no. 4. In
the cases referred to in subsection 1 no. 4, an offence in respect of which a conviction
has been issued abroad shall be deemed equivalent to an offence in respect of which a
conviction has been issued in Germany, if it would be such an offence under German
criminal law pursuant to section 176 subsection 1 or 2.
Section 176b. Sexual abuse of children resulting in death. If, through the sexual abuse
(sections 176 and 176a), the perpetrator at least recklessly causes the child's death, the
punishment shall be life imprisonment or imprisonment of not less than ten years.
Section 177. Sexual coercion; Rape. (1) Whoever coerces another person
1. by force,
2. by the threat of immediate danger to life or limb, or
3. by exploiting a situation in which the victim is defenceless and at the mercy of the
actions of the perpetrator
into submitting to sexual acts performed by the perpetrator or by a third person or into
performing such acts on the perpetrator or on the third person, shall be punished by
imprisonment of not less than one year.
(2) In particularly serious cases, the punishment shall be imprisonment of not less than
two years. A particularly serious case shall normally be deemed to exist if
1 . the perpetrator has full sexual intercourse with the victim or performs similar sexual
acts on the victim or allows the victim to perform such acts on him or her, which are
particularly degrading to the victim, especially if they involve physical penetration
(rape), or
2. the offence is committed jointly by several persons.
(3) Imprisonment of not less than three years shall be imposed in cases where the
perpetrator
1 . carries a firearm or another dangerous implement,
2. otherwise carries an implement or device in order to prevent or overcome the resistance
of another person by force or the threat of force, or
3. through the offence exposes the victim's health to the risk of severe impairment.
(4) Imprisonment of not less than five years shall be imposed in cases where the
perpetrator
1. in committing the offence uses a firearm or another dangerous implement, or
2. a) in committing the offence seriously physically maltreats the victim, or
b) through the offence places the victim in mortal danger.
(5) In less serious cases referred to under subsection 1, the punishment shall be
imprisonment from six months to five years; in less serious cases referred to under
subsections 3 and 4, the punishment shall be imprisonment from one year to ten years.
Section 178. Sexual coercion and rape resulting in death. (1) Where, through the sexual
coercion or rape (section 177), the perpetrator at least recklessly causes the victim's
death, the punishment shall be life imprisonment or imprisonment of not less than ten
years.
Section 179. Sexual abuse of persons incapable resistance. (1) Whoever abuses another
person who
1. because of a mental or emotional disorder or disablement, including diseases of
addiction, or because of a profound disturbance of consciousness, or
2. physically
is incapable of resistance, by performing sexual acts on him or her or allowing him or her
to perform such acts on the perpetrator, thereby exploiting the victim's incapacity to
resist, shall be punished by imprisonment from six months to ten years.
(2) The same punishment shall be imposed on anyone who abuses a person incapable of
resistance (subsection 1) by inducing him or her to perform sexual acts on a third person
or allowing such acts to be performed by a third person on him or her, thereby exploiting
the victim's incapacity to resist.
(3) An attempt shall incur criminal liability.
(4) Imprisonment of not less than one year shall be imposed in cases where
1 . the perpetrator has full sexual intercourse with the victim or performs similar sexual
acts on him or her involving physical penetration,
2. the offence is perpetrated jointly by several persons, or
3. the perpetrator through the offence exposes the victim's health to the risk of severe
impairment or exposes the victim's physical or emotional development to the risk of
serious damage.
(5) In less serious cases referred to under subsections 1, 2 and 4, the punishment shall
be imprisonment from three months to five years.
(6) Section 176a subsection 4 and section 176b shall apply mutatis mutandis.
Section 180. Promotion of sexual acts of minors. (1) Whoever promotes sexual acts by a
person of less than sixteen years of age on or in the presence of a third person or sexual
acts by a third person on a person of less than sixteen years of age
1. by his or her mediation or
2. by affording or creating an opportunity
shall be punished by imprisonment not exceeding three years or by a fine. Sentence 1 no. 2
shall not be applied if the person who acts is entitled to custody of the other; this
shall not apply if the person entitled to custody grossly violates his or her obligations
with respect to the upbringing of the other person by his or her act of promotion.
(2) Whoever incites a person of less than eighteen years of age to perform sexual acts for
remuneration on or in the presence of a third person, or to allow a third person to
perform such acts on him or her, or whoever serves as intermediary in promoting such
conduct, shall be punished by imprisonment not exceeding five years or by a fine.
(3) Whoever, by abusing a dependency in connection with the relationship of upbringing,
education, care, service or employment, induces a person of less than eighteen years of
age who either has been entrusted to him or her for upbringing, education or care
concerning that person's way of life, or who is subordinate to him or her in a service or
employment relationship, to perform sexual acts on or in the presence of a third person,
or to allow a third person to perform such acts on him or her, shall be punished by
imprisonment not exceeding five years or by a fine.
(4) An attempt shall incur criminal liability in the cases referred to under subsections 2
and 3.
Section 180a. Encouraging prostitution. (1) Whoever, on a commercial basis, runs or
manages a facility in which persons engage in prostitution and where
1. these persons are kept in personal or economic dependency or
2. engagement in prostitution is encouraged by measures which go beyond simply providing
quarters, lodging or abode and the incidental services usually associated therewith; shall
be punished by imprisonment not exceeding three years or by a fine.
(2) The same punishment shall be imposed on anyone who
1. provides a person of less than eighteen years with quarters, or, on a commercial basis,
lodging or abode, for the purpose of engaging in prostitution or
2. encourages a person, whom he or she provides with quarters for the purpose of engaging
in prostitution, to engage in prostitution, or exploits this person with respect to this.
(3)-(5) (repealed)
Section 180b. Trafficking in human beings. (1) Whoever, for his or her, own pecuniary
gain, exercises an influence over another person in the knowledge of a coercive situation,
in order to induce him or her to take up or continue prostitution, shall be punished by
imprisonment not exceeding five years or by a fine. The same punishment shall be imposed
on anyone who exercises an influence on another person, for his or her own pecuniary gain,
in order to cause this person to perform sexual acts on a third party or allow a third
party to perform such acts on this person, knowing of this person's vulnerability
associated with the person's sojourn in a foreign country.
(2) Punishment of imprisonment from six months to ten years shall be imposed on whoever
exercises an influence
1. on another person in the knowledge of his or her vulnerability associated with the
person's sojourn in a foreign country, or
2. on a person of less than 21 years of age
in order to induce him or her to take up or continue prostitution, or causes him or her to
take up or continue the latter.
(3) In the cases referred to under subsection 2, an attempt shall incur criminal
liability.
Section 181. Aggravated trafficking in human beings. (1) Whoever
1 . by force, by threat of grievous harm or by deceit, induces another to take up or
continue prostitution,
2. recruits another by deceit or abducts another against his or her will by force, by
threat of grievous harm or by deceit, knowing of that person's vulnerability associated
with his or her sojourn in a foreign country, in order to induce him or her to perform
sexual acts on or in the presence of a third person or to allow a third person to perform
such acts on him or her, or
3. commercially recruits another, knowing of that person's vulnerability associated with
his or her sojourn in a foreign country, in order to induce him or her into taking up or
continuing prostitution,
shall be punished by imprisonment from one year to ten years.
(2) In less serious cases, the punishment shall be imprisonment for six months to five
years.
Section 181a. Pimping. (1) Imprisonment from six months to five years shall be imposed on
anyone who
1. exploits another person engaging in prostitution, or
2. for his or her own pecuniary gain supervises another's practice of prostitution,
determines
the location, time, extent or other circumstances relating to the practice of
prostitution, or takes measures designed to prevent such person from giving up
prostitution and, with regard thereto, maintains relations with him or her which extend
beyond an isolated instance.
(2) Imprisonment not exceeding three years or a fine shall be imposed on anyone who, on a
commercial basis, acts as an intermediary to promote the practice of prostitution by
another person by providing sexual intercourse and, with regard thereto, maintains
relations with him or her which extend beyond an isolated instance.
(3) Whoever commits the acts designated in subsection 1 nos. 1 and 2 or promotion as
designated in subsection 2 with respect to his or her spouse shall also be punished
pursuant to subsections 1 and 2.
Section 181 b. Supervision of conduct. The court may order supervision of conduct (section
68 subsection 1) in the cases failing under sections 174 to 174c, 175 to 180, 180b to 181a
and 182.
Section 181 c. Property fine and extended forfeiture. Sections 43a and 73d shall be
applied in the cases referred to under sections 181 and 181 a subsection 1 no. 2, where
the perpetrator is acting as a member of a gang which has been formed in order to commit
such acts repeatedly. Section 73d shall also be applied where the perpetrator is acting on
a commercial basis.
Section 182. Sexual abuse of juveniles. (1) A person of more than eighteen years of age
who abuses a person of less than sixteen years of age
1. by performing sexual acts on him or her or allowing him or her to perform such acts on
the perpetrator, taking advantage of a coercive situation or in return for remuneration or
2. by inducing him or her, taking advantage of a coercive situation, into performing
sexual acts on a third person or into allowing a third person to perform such acts on him
or her, shall be punished by imprisonment not exceeding five years or by a fine.
(2) A person of more than twenty-one years of age who abuses a person of less than sixteen
years of age
1. by performing sexual acts on him or her or by allowing him or her to perform such acts
on the perpetrator, or
2. by inducing him or her into performing sexual acts on a third person or allowing the
third person to perform such acts on him or her, and in doing so exploits the victim's
inability to assert his or her sexual self-determination, shall be punished by
imprisonment not exceeding three years or by a fine.
(3) In the cases referred to under subsection 2, the offence shall be prosecuted only upon
application, unless the criminal prosecution authority considers ex officio intervention
to be imperative due to the particular interest of the public in the criminal prosecution
of the offence.
(4) In the cases referred to under subsections 1 and 2, the court may refrain from
imposing punishment pursuant to these provisions if, after taking the behaviour of the
person against whom the offence was directed into consideration, the wrongfulness of the
act is insignificant.
Section 183. Exhibitionistic conduct. (1) Any man who harasses another by exhibitionistic
acts shall be punished by imprisonment not exceeding one year or by a fine.
(2) The offence shall be prosecuted only upon application, unless the criminal prosecution
authority considers ex officio intervention to be imperative due to the particular public
interest in the criminal prosecution of the offence.
(3) The court may suspend execution of a sentence of imprisonment on probation even where
it is anticipated that lengthy therapeutic treatment will be necessary before the
perpetrator will cease to commit exhibitionistic acts.
(4) Subsection 3 shall also apply where a man or a woman is punished for exhibitionistic
conduct
1. pursuant to another provision which provides for a maximum punishment of up to one
year's imprisonment or a fine, or
2. pursuant to section 174 subsection 2 no. 1 or section 176 subsection 3 no. 1.
Section 183a. Creating a public nuisance. Whoever performs sexual acts in public and
thereby intentionally or knowingly creates a nuisance shall be punished by imprisonment
not exceeding one year or by a fine, provided the offence is not punishable pursuant to
section 183.
Section 184. Dissemination of pornographic writings. (1) Whoever
1. offers, hands over or makes accessible to a person of less than eighteen years of age,
2. displays, puts up, presents or otherwise makes accessible at a place accessible or
visible to persons of less than eighteen years of age,
3. offers to or hands over to another in retail trade outside business premises, in kiosks
or other sales outlets which the customer does not usually frequent, by mail order, or
through commercial lending libraries or magazine loan services,
3a. offers to or hands over to another, by means of a commercial lease or by comparable
commercial granting of use, except in stores which are not accessible and not visible to
persons of less than eighteen years of age, 4. undertakes to import by means of mail
order,
5. publicly offers, announces, or commends at a place accessible or visible to persons of
less than eighteen years of age, or by the dissemination of writings outside the normal
course of business,
6. without being requested beforehand to do so, allows a person to acquire,
7. shows in a public film presentation for a fee which is demanded entirely or primarily
for this presentation,
8. produces, obtains, supplies, keeps in stock or undertakes to import, in order to use or
to enable another to use them or copies made from them within the meaning of nos.1 to 7,or
9. undertakes to export, in order to disseminate them or copies made from them, or make
publicly accessible, or make such use possible, abroad, in violation of the criminal law
provisions in force there,
pornographic writings (section 1 1 subsection 3), shall be punished by imprisonment not
exceeding one year or by a fine.
(2) The same punishment shall be imposed on anyone who disseminates a pornographic
presentation by radio broadcasting.
(3) Whoever
1 . disseminates,
2. publicly displays, puts up, presents or otherwise makes accessible, or
3. produces, obtains, supplies, keeps in stock, offers, announces, commends or undertakes
to import or to export, in order to use or enable another to use them or copies made from
them within the meaning of nos. 1 and 2,
pornographic writings (section 1 1 subsection 3), the subject of which are violent acts,
sexual abuse of children or sexual acts between human beings and animals, shall, where the
pornographic writings have the sexual abuse of children as their subject, be punished by
imprisonment from three months to five years, otherwise be punished by imprisonment not
exceeding three years or by a fine.
(4) Where the pornographic writings (section 1 1 subsection 3) in the cases referred to
under subsection 3 have the sexual abuse of children as their subject matter, and where
they show real or realistic action, the punishment shall be imprisonment from six months
to ten years if the perpetrator is acting on a commercial basis or as a member of a gang
which has been formed in order to commit such acts repeatedly.
(5) Whoever undertakes to obtain pornographic writings (section 1 1 subsection 3) for him
or herself or for a third person, which have sexual abuse of children as their subject
matter, shall be punished by imprisonment not exceeding one year or by a fine if the
writings show real or realistic action. The same punishment shall be imposed on anyone who
is in possession of such writings as described under sentence 1.
(6) Subsection 1 no. 1 shall not be applied where the person who acts is entitled to
custody of the other person. Subsection 1 no. 3a shall not apply where the act is
committed in the course of business with commercial borrowers. Subsection 5 shall not
apply to acts which exclusively serve the purpose of fulfilling legal official or
professional obligations.
(7) Section 73d shall be applied in the cases referred to under subsection 4. Items to
which a criminal offence pursuant to subsection 5 relates shall be confiscated. Section
74a shall be applied.
Section 184a. Engaging in prohibited prostitution. Whoever persistently contravenes a
prohibition, imposed by an ordinance, on engaging in prostitution in certain places at all
or in certain places at certain times of the day, shall be punished by imprisonment not
exceeding six months or by a fine of up to one hundred and eighty daily units.
Section 184b. Prostitution harmful to youth. Whoever engages in prostitution
1. in the vicinity of a school or any other place intended to be visited by persons of
less than eighteen years of age, or
2. in a house in which persons less than eighteen years of age reside, in a manner which
endangers the morals of these persons, shall be punished by imprisonment not exceeding one
year or by a fine.
Section 184c. Definitions. Within the meaning of this Code,
1. "sexual acts" are only those which are of some significance in the light of
the legally protected interest involved,
2. "sexual acts in the presence of another" are only those which are performed
before a person who is aware of their performance.
Section 234. Kidnapping. (1) Whoever seizes another person by force, by threat of grievous
harm or by deceit, in order to place him or her in a helpless position or to deliver him
or her into slavery or bondage, or into service in a military or militaristic institution
abroad, shall be punished by imprisonment of not less than one year.
(2) In less serious cases the punishment shall be imprisonment from six months to five
years.
Section 235. Abduction of minors. (1) Imprisonment not exceeding five years or a fine
shall be imposed on whoever abducts or withholds from his or her parents, from a parent,
from the guardian or from the carer,
1. a person under the age of eighteen, by force, by threat of grievous harm or by deceit,
or
2. a child, without being the child's relative.
(2) The same punishment shall be imposed on whomever
1. abducts a child from his or her parents, from a parent, from the guardian or from the
carer in order to take him or her abroad, or
2. withholds a child abroad from his or her parents, from a parent, from the guardian or
from the carer, after he or she has been brought there or has gone there.
(3) In the cases referred to under subsection 1 no. 2 and subsection 2 no. 1, an attempt
shall incur criminal liability.
(4) Imprisonment from one year to ten years shall be imposed if the perpetrator
1. through the offence places the victim in mortal danger or exposes the victim's health
to the risk of severe impairment or exposes the victim's physical or emotional development
to the risk of serious damage, or
2. commits the offence for remuneration or with intent to enrich him- or herself or a
third person.
(5) Where through the offence the perpetrator causes the death of the victim, the
punishment shall be imprisonment of not less than three years.
(6) In less serious cases referred to under subsection 4, imprisonment from six months to
five years shall be imposed; in less serious cases referred to under subsection 5,
imprisonment from one year to ten years shall be imposed.
(7) The abduction of minors in the cases referred to under subsections 1 and 3 shall be
prosecuted only upon application, unless the criminal prosecution authority considers ex
officio intervention to be imperative due to the particular public interest in the
criminal prosecution of the offence.
Section 236. Trafficking in children. (1) Whoever permanently places his or her child who
has not yet reached the age of fourteen in the custody of another person, thereby grossly
neglecting his or her duty of care or upbringing, and thereby acts for remuneration or
with intent to enrich him- or herself or a third person, shall be punished by imprisonment
not exceeding five years or by a fine. The same punishment shall be imposed on anyone who
permanently takes the child into his or her home, and pays remuneration for this in the
cases referred to under the first sentence.
(2) Whoever without authorisation
1. acts as an agent in the adoption of a person under the age of eighteen, or
2. acts as an agent in order to enable a third person to permanently take a person under
the age of eighteen permanently into his or her home
and thereby acts for remuneration or with intent to enrich him- or herself or a third
person, shall be punished with imprisonment not exceeding three years or by a fine. If in
the cases referred to under the first sentence the perpetrator has the person who is the
object of the agency arrangement taken to or from Germany, the punishment shall be
imprisonment not exceeding five years or a fine.
(3) An attempt shall incur criminal liability.
(4) Imprisonment from six months to ten years shall be imposed if. the perpetrator
1. acts in the desire to enrich him- or herself, on a commercial basis or as a member of a
gang which has been formed in order to commit acts of trafficking in children repeatedly,
or
2. through the offence exposes the child or the person who is the object of the agency
arrangement to the danger of serious damage to their physical or emotional development.
(5) In the cases referred to under subsection 1, as regards participants, and in the cases
referred to under subsection 2, as regards inciters and accessories, whose guilt is minor
considering the physical or emotional welfare of the child or of the person who is the
object of the agency arrangement, the court may at its discretion reduce the punishment
(section 49 subsection 2) or refrain from imposing punishment in accordance with
subsections 1 to 3.