19.07.2013 Views

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

5. For the purposes <strong>of</strong> this Article it is irrelevant whether the perpetrator knew that the<br />

person was a victim <strong>of</strong> trafficking, unless for justifiable reasons, the perpetrator did not<br />

know and could not have known that the person was a victim <strong>of</strong> trafficking.<br />

6. For the purposes <strong>of</strong> this Article “victim <strong>of</strong> trafficking” means a person who has been<br />

trafficked according to Article 171 <strong>of</strong> this <strong>Code</strong>.<br />

Article 232<br />

Sexual assault<br />

1. Whoever touches a person for a sexual purpose or induces such person to touch the<br />

perpetrator or another person for a sexual purpose, without the consent <strong>of</strong> such person,<br />

shall be punished by a fine or by imprisonment <strong>of</strong> up to one (1) year.<br />

2. Whoever touches another person for a sexual purpose or induces another person to<br />

touch the perpetrator or a third person for a sexual purpose in one <strong>of</strong> more <strong>of</strong> the<br />

following circumstances shall be punished by imprisonment <strong>of</strong> one (1) to seven (7) years:<br />

2.1. by serious threat or the threat <strong>of</strong> violence;<br />

2.2. by threat <strong>of</strong> an imminent danger to the life or body <strong>of</strong> such person or <strong>of</strong><br />

another person; or<br />

2.3. by exploiting a situation in which such other person is unprotected and where<br />

his or her security is in danger.<br />

3. When the <strong>of</strong>fense provided for in paragraph 1 or 2 <strong>of</strong> this Article is committed under<br />

one or more <strong>of</strong> the following circumstances, the perpetrator shall be punished by<br />

imprisonment <strong>of</strong> three (3) to ten (10) years:<br />

3.1. the <strong>of</strong>fense is preceded, accompanied or followed by an act <strong>of</strong> torture or<br />

inhumane treatment;<br />

3.2. the perpetrator uses force;<br />

3.3. the perpetrator causes grievous bodily injury or serious disturbances to the<br />

mental or physical health <strong>of</strong> the person or the person attempts to commit suicide<br />

following the <strong>of</strong>fense;<br />

3.4. the perpetrator uses or threatens to use a weapon or a dangerous instrument;<br />

3.5. the perpetrator intentionally causes the person to become intoxicated by<br />

alcohol, drugs or other substances;<br />

3.6. the <strong>of</strong>fense is jointly committed by more than one person;<br />

119

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!