However, Article 209 mentions a "juvenile" who is defined in Article 2(9) as a person under 18, although it is not clear if this article refers only to sexual acts performed in view of a minor under 18 or if it can be used also to punish sexual acts performed with the minor: The age of consent in Bulgaria is 14, as specified by Articles 149 and 151 (1). (1) A person who performs an act for the purpose of arousing or satisfying sexual desire, without copulation, with a person under 14 years of age, shall be punished for lewdness by deprivation of liberty for one to six years.
However Article 151 (2) has a provision for those who are over 14 and do "not understand the characteristics or the importance of the act." Art. (1) A person who has sexual intercourse with a person who has not completed the age of 14 years, insofar as the act does not constitute a crime under Article 152, shall be punished by deprivation of liberty for two to six years. (1) Whoever performs sexual intercourse with a child under fifteen years of age or induces a child to commit sexual intercourse with a third person, shall be liable to a term of imprisonment of one to ten years.
Austria, Denmark, Germany, Liechtenstein, Portugal). These laws can be found mostly in the countries which have a lower age of consent.
As of 2014, 15 is the most common age of consent in the European Union.
Section 209 came into force when homosexuality between males became legal in 1971.
On 24 June 2002, the Austrian Constitutional Court ruled that Section 209 was unconstitutional. On 9 January 2003, the European Court of Human Rights held, in L & V v Austria, that Section 209 violated Articles 8 and 14 of the European Convention on Human Rights. Article 152 Sexual intercourse with the person below the age of 16 years, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be punished by imprisonment up to 3 years.
(2) Whoever commits lewd act with a child under fifteen years of age or induces a child to commit lewd act on itself or with a third person, shall be punished by imprisonment for a term between six months and five years.
Armenia, Azerbaijan, Belarus, Belgium, Finland, Georgia, Kazakhstan, Kosovo, Latvia, Lithuania, Luxembourg, Moldova, Netherlands, Northern Cyprus, Norway, Russia, Spain, Switzerland, Ukraine, United Kingdom Some of these countries, however, have laws which offer increased protection for children who have reached the age of consent, but are still minors, for example by enacting laws which stipulate that it is illegal to engage in sexual acts with such children under exploitative circumstances (such laws exist in e.g.
The age of consent in Belarus is 16, as specified by Articles 168 and 169, which read: "Sexual relations, sodomy, lesbian acts or other actions of sexual character of an adult, reached eighteen years of age, with a person who obviously has not reached sixteen years of age, at absence of attributes of the crimes stipulated by articles 166 and 167 present codes, are punished by restriction of freedom of two years to four years or by imprisonment of two years to five years." and "Dissolute actions accomplished by a person, reached eighteen years of age, concerning a person who obviously has not reached sixteen years of age, at absence of attributes of the crimes stipulated by articles 166, 167 and 168 present codes, are punished by arrest of about six months or imprisonment of one year to three years." The age of consent in Belgium is 16, as specified by Article 372 of the Criminal Code (Code pénal/Strafwetboek), which reads: "Any indecent assault committed without violence or threat on the person or with the assistance of the person of a child of either sex, aged less than sixteen, shall be punished by imprisonment (of five years to ten years).
The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex.
In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; but the vote ended in a draw, and the amendment failed to pass.
In July 1998, a similar amendment was put forward; it was voted down by the conservative majority.