Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 204C
204C. (1) Whosoever takes part in sexual activities with a
person who has not completed the age of sixteen years shall, on
conviction, be liable to imprisonment for a term from five to t en
years.
(2) The punishment for the offence in sub-article (1) shall be
increased by one or two degrees if any one or more of the follo wing
circumstances results:
(a) if the offence is committed on a person who has not
completed the age of sixteen years with violence,
coercion, force or threats;
(b) where money or other forms of remuneration or
consideration is given as payment in exchange for a
person who has not attained the age of sixteen years
taking part in sexual activities; or
(c) when the offender abuses of a recognised position of
trust, authority, influence or during his duties as a
professional in the possession of an official
qualification and, or warran t to practice as counsellor,
educator, family therapist, medical practitioner, nurse,
pathologist, psychiatrist, psychologist,
psychotherapist, social worker and, or youth worker
over the person who has not completed the age of
sixteen years and one of the circumstance referred to
below occurs:
(i) the offender wilfully or recklessly endangered
the life of the person who has not completed the
age of sixteen years;
(ii) the offence involves violence or grievous bodily
harm to such person;
(iii) the offence is committed with the involvement
of a criminal organisation within the meaning of
article 83A(1).
(3) When the act is consensual b etween peers who are close in
age and in the level of development and provided that the acts do
not involve physical and, or psyc hological abuse, the punishmen t
shall be decreased by one or two degrees.
Unlawful sexual
activities.
Added by:
VII.2010.9.
Amended by:
IV .2014.9;
XIII.2018.24;
LXIV .2021.13.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.