Chapter 19 Felonies against public morals
Section 192
Any person who by force or by inducing fear for any person's life or health compels any
person to commit an act of indecency or is accessory thereto shall be guilty of rape and
liable to imprisonment for a term not exceeding ten years , but not less than one year if
the act of indecency was sexual intercourse.
If as a consequence of the act the aggrieved person dies or sustains serious injury to
body or health, or the offender has previously been convicted and sentenced pursuant to
this section or section 195, a sentence of imprisonment for a term not exceeding 21 years
may be imposed. Venereal disease shall always be regarded as serious injury to body or
health pursuant to this section.
Section 193
Any person who commits or is accessory to another person's committing an act of indecency
with any person who is unconscious or for any other reason incapable of resisting the act
shall be liable to imprisonment for a term of not less than a year.
Any person who exploits or is accessory to another person's exploiting, any person's
mental illness, lack of intelligence, or morbid disturbance of mental faculties in order
to commit an act of indecency with any such person shall be liable to imprisonment for a
term not exceeding five years. Section 194
Any person who commits or is accessory to another person's committing an act of indecency
with any person by means of threats, especially underhand conduct, or misuse of a
dependent relationship shall be liable to imprisonment for a term not exceeding five
years.
A public prosecution will only be instituted when requested by the aggrieved person unless
it is required in the public interest.
Section 195
Any person who commits or is accessory to another person's committing an act of indecency
with a child under 14 years of age shall be liable to imprisonment for a term not
exceeding 10 years, but not less than one year if the act of indecency was sexual
intercourse.
If as an result of the act the aggrieved person dies or sustains serious injury to body or
health, or the offender has previously been convicted and sentenced pursuant to this
section or section 192, or the act has been committed in a particularly painful or
particularly offensive manner, or has been committed against a child under ten years of
age and there have been repeated assaults, a sentence of imprisonment for a term not
exceeding 21 years may be imposed. Venereal disease shall always be deemed to be serious
injury to body or health pursuant this section.
A mistake as regards the child's age shall not exclude criminal liability.
A penalty pursuant to this provision may be remitted or be imposed below the minimum
specified in the first paragraph if those who have committed the act of indecency are
about equal in age and development.
Section 196
Any person who commits or is accessory to another person's committing an act of indecency
with any person who is under 16 years of age shall be liable to imprisonment for a term
not exceeding five years.
If as a result of the act the aggrieved person dies or sustains serious injury to body or
health, or the offender has previously been convicted and sentenced pursuant to this
section or pursuant to section 192 or 195, or the act is committed in a particularly
painful or particularly offensive manner, a term of imprisonment not exceeding 15 years my
be imposed. Venereal disease shall always be deemed to body or health pursuant to this
section.
A mistake as regards a person's shall not exclude criminal liability unless no negligence
can be attributed to the offender in this respect. A penalty pursuant to this provision
may be remitted f those who have committed the act of indecency are about equal in age and
development.
Section 197
Any person who commits an act of indecency with any person under 18 years of age who is
subject to the offender's authority or supervision shall be liable to imprisonment for a
term not exceeding one year.
Section 196, second and third paragraphs, shall apply.
Section 198
Any person shall be liable to imprisonment for a term not exceeding five years who commits
and act of indecency with another person by misuse of his position as a public servant or
has an employee at a hospital, sanatorium, or nursing home, or by misuse of the position
he occupies as doctor, spiritual adviser, teacher, superior, nurse, or supervisor of the
person concerned. Any person who by misuse of any such position aids or abets another
person to commit an act of indecency shall be similarly liable.
Section 199
Any person who commits an act of indecency with any person who is an inmate of any
institution under the charge of the child welfare authorities, the prison administration,
or the police, and who is subject to his authority or supervision, shall be liable to
imprisonment for a term not exceeding five years.
Any person who aids or abets another person to commit an act of indecency with any person
with whom he has such a relationship as is specified in the first paragraph shall be
similarly liable.
Section 206
Any person who misleads another person into engaging in prostitution or continuing such an
occupation, or who is accessory thereto, shall be liable to imprisonment for a term not
exceeding five years.
Any person who aids and abets or exploits another person's engaging in prostitution shall
be liable to fines or imprisonment for a term not exceeding five years. The same applies
to any person who for the sake of gain aids and abets or exploits another person's
commission of acts of indecency.
A man who wholly or partly lives on the earnings of a woman who is engaged in prostitution
shall be liable to imprisonment for a term not exceeding two years.
Section 207
Any person who commits an act of indecency with a blood relation in the descending line
shall be liable to imprisonment for a term not exceeding five years, but if it is a case
of sexual intercourse for a term not exceeding eight years. An accomplice shall be liable
to the same penalty.
Section 208
Any person who has sexual intercourse with a brother or a sister or who is accessory to
such intercourse taking place shall be liable to imprisonment for a term not exceeding two
years.
No penalty shall be imposed, however, on persons under 18 years of age. Section 209
Any person who commits or is accessory to another person's committing an act of indecency
with a foster-child, child in his care, step-child, or any persons under 18 years of age
who is under his care or subject to his authority or supervision shall be liable to
imprisonment for a term not exceeding five years. Any person who aids or abets another
person to commit an act of indecency with any person with whom he has such a relation ship
as specified above shall be liable to the same penalty.
Section 211
Any person shall be liable to fines or imprisonment for a term not exceeding two years or
to both who
a) give a public lecture or arranges a public performance or exhibition of an indecent or
pornographic nature,
b) publishes, offers for sale or hire or in any other way attempts to disseminate, or with
intent to disseminate, imports indecent or pornographic writings, pictures, films,
videocassettes or the like.
c) delivers indecent or pornographic writings, pictures, films, videocassettes or the like
to persons under 18 years of age,
d) possesses or imports pictures, films, videocassettes or the like in which any person
who is, must be considered to be or is presented as being under 16 years of age is shown
in an indecent or pornographic manner.
In this section indecent or pornographic depiction means sexual depiction that seem
offensive or in any other way are likely to have a humanly degrading or corrupting effect,
including sexual depiction showing children, animals, violence, duress, and sadism.
An accomplice shall be liable to the same penalty.
Any person who negligently commits any such act as is referred to in his section shall be
liable to fines or imprisonment for a term not exceeding six months or both.
Any person who negligently commits any such act as is referred to in this section. shall
be liable to fines or imprisonment for a term not exceeding six months or both.
Any proprietor or superior who wilfully or negligently omits to prevent the commission in
his business of any such act as is referred to in this section shall be liable to the same
penalty.
In passing sentence the fact that the indecent or pornographic depiction include the use
of children, animals, violence, duress, and sadism shall be treated as an aggravating
circumstance.
This section shall not apply to any film or video that the National Board of Film Censors
has by prior control approved for commercial exhibition or sale.
Section 212
Any person shall be liable to fines or imprisonment for term not exceeding one year who by
indecent conduct in word or deed offends against modesty or is accessory thereto if the
offence has occurred
in public in the presence of or against any person who has not consented thereto, or in
the presence of or against any child under 16 years of age. Any person who commits an
indecent act with any person under 16 years of age or misleads any person under 16 years
of age into indecent conduct shall be liable to imprisonment for a term not exceeding
three years. If the offender has previously been convicted and sentenced pursuant to
sections 192,195, 196 or 197, or if the act is committed under especially aggravating
circumstances, imprisonment for a term not exceeding six years may be imposed. In deciding
whether especially aggravating circumstances exists, special importance shall be attached
to how long the relationship has continued, whether the act is a misuse of relationship
based on family ties, care, dependency or close trust, and whether the act is committed in
a particularly painful or humiliating manner.
Section 196, second and third paragraphs, shall apply correspondingly.
Section 213
When the provisions of this chapter use the term sexual intercourse, both vaginal and anal
intercourse are meant. Insertion of the penis into the mouth and insertion of an object
into the vagina or rectum shall be equated with sexual intercourse.
A summary of the Polish Criminal Code
Prostitution is not a punishable offence, neither for adults nor for minors. The Criminal
Code currently in force prohibits sexual intercourse with a minor under the age of 15, or
making the minor consent to or perform another sexual act. The same age limit has been
retained in the new Criminal Code which will come into effect as of January 1, 1998.
Any other activities related to prostitution, i.e. pandering and procurement are
punishable irrespective of the age of the prostitute. Also punishable are: traffic in
women and children and their provision, enticement or abduction for the purpose of
prostitution, even with their consent.
The current Criminal Code penalises in general terms the dissemination of magazines,
prints, photographs and other objects of pornographic character.
Under the new Criminal Code, the following acts are punishable:
recording pornographic materials depicting a minor under the age of 15; presenting
pornographic materials to a minor below the age of 15, or making available to him/her
objects of the said character;
manufacture for the purpose of dissemination, import and dissemination of pornographic
materials depicting a minor below the age of 15; public presentation of pornographic
materials in such a manner that their reception may be forced upon a person.
The Russian Penal Code (FBIS-SOV-96-159-S)
Crimes against freedom, honour and dignity of the individual
Abduction of a person is punishable by imprisonment. The same action, performed in regard
to one who is known to be a minor is deemed as an aggravated crime which imposes a heavier
penalty. The crime is also deemed as an aggravated crime if the actions are performed by
an organized group, or by negligence, lead to death.
Unlawful imprisonment of a person, which is not associated with his abduction is
punishable by limitation of freedom or imprisonment. The same action performed in regard
to someone who is known to be a minor is deemed as an aggravated crime which imposes a
heavier penalty.
Crimes against the sexual inviolability and sexual freedom of the individual
Rape is punishable by imprisonment for a term of from 3 to 6 years. Rape entailing the
infection of the victim with venereal disease or rape of a person known to be a minor is
punishable by imprisonment for a term of from 4 to 6 years.
Rape of a victim known be under the age of 14 is punishable by imprisonment for a term of
from 8 to 15 years.
Forced actions of sexual character
Homosexuality, lesbianism and other actions of a sexual character with application of
force or with threat of its application to the victim (male or female), or to other
persons, or making use of the helpless state of the victim (male or female) are punishable
by imprisonment. If the same action is performed in regard to a person who is known to be
a minor it is deemed as a more aggravated crime. The same applies if the actions were
performed in regard to a person known to be under the age of 14. Compulsion to actions of
a sexual character
Compulsion of a person to engage in sexual relations, homosexuality, lesbianism or to
perform other actions of a sexual character by means of blackmail, threat of destruction,
damage or seizure of property or with the use of the material or other dependence of the
victim is punishable by a fine or by imprisonment.
Sexual relations and other actions of a sexual nature with a person under the age of 16
Sexual, homosexual or lesbian acts, performed by a person who has reached the age of 18
with a person who is known to be under the age of 16 are punishable by limitation of
freedom or by imprisonment.
Lewd conduct
Performance of lewd actions without the application of force in regard to a person known
to be under the age of 14, is punishable by fine or by limitation of freedom or by
imprisonment.. Involvement in engaging in prostitution
Involvement in engaging in prostitution by means of application of force or threat of its
application, blackmail, destruction or damage to property , or by means of fraud, are
punishable by a fine or by imprisonment. The same action performed by an organised group
is deemed as an aggravated crime.
Organisation or maintenance of dens for engaging in prostitution is punishable by fines or
by imprisonment.
Unlawful distribution of pornographic materials or objects.
Unlawful preparation for purposes of distribution or advertisement of pornographic
materials or objects, and likewise the unlawful trade in printed matter or films are
punishable by fines or imprisonment.