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Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

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diminished capacity, disorder or disability shall be punished by imprisonment <strong>of</strong> six (6)<br />

months up to five (5) years.<br />

3. Whoever induces a person with diminished mental or physical capacity, or a mental or<br />

emotional disorder or disability to expose private parts <strong>of</strong> his or her body, to masturbate<br />

or to commit an act which degrades his or her sexual integrity by exploiting such<br />

person’s diminished capacity, disorder or disability shall be punished by imprisonment <strong>of</strong><br />

up to one (1) year.<br />

4. When the <strong>of</strong>fense provided for in paragraph 1, 2 or 3 <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 to fifteen (15) years in the case <strong>of</strong> the <strong>of</strong>fense provided for in<br />

paragraph 1 or 2, or by imprisonment <strong>of</strong> up to three (3) years in the case <strong>of</strong> the <strong>of</strong>fense<br />

provided for in paragraph 3 <strong>of</strong> this Article:<br />

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

inhumane treatment;<br />

4.2. the perpetrator uses force;<br />

4.3. the perpetrator causes grievous bodily injury or serious disturbance 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 />

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

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

alcohol, drugs or other substances;<br />

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

4.7. the perpetrator knows that the person is vulnerable because <strong>of</strong> age or<br />

pregnancy;<br />

4.8. The perpetrator is the parent, adoptive parent, foster parent, step parent,<br />

grandparent, uncle, aunt or sibling <strong>of</strong> the person and such person is between the<br />

ages <strong>of</strong> sixteen (16) and eighteen (18) years;<br />

4.9. the perpetrator shares a domestic relationship with the person and such person<br />

is between the ages <strong>of</strong> sixteen (16) and eighteen (18) years; or<br />

4.10. the perpetrator is a teacher, a religious leader, a health care pr<strong>of</strong>essional, a<br />

person entrusted with such person’s upbringing or care or otherwise in a position<br />

<strong>of</strong> authority over the person.<br />

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