Age of consent in Europe

Neither the European Union nor the Council of Europe have suggested any specific age of consent, and there has not been any effort so far to standardise the age across member states. However, most countries in Europe now have binding legal obligations in regard to the sexual abuse of children under 18. The Lanzarote Convention, which was ratified, as of 2021, by all member states of the Council of Europe, and which came into effect in 2011, obliges the countries that ratify it to criminalise certain acts concerning children under 18, such as the involvement of such children in prostitution and pornography. Other acts that must be criminalised include: The age of consent is called "the legal age for sexual activities" and must be chosen by states at the age they see fit. (No specific age is recommended.) As of February 2021, the convention has been ratified by all states of the Council of Europe. In the European Union (EU 27), there is a directive regarding the sexual abuse of children under 18, known as Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. ==Albania==

Since 2001, the age of consent in Albania is 14, regardless of gender and sexual orientation. In the case of a girl, however, sex is illegal if she is over 14 but has not reached "sexual maturity", as provided by article 100 of the criminal code. ==Andorra==

The age of consent in Andorra is 14. It is also illegalregardless of agefor a person occupying a position of authority or superiority over a person to engage in sexual activity with them, or when it involves abuse of trust, or a situation of need or dependence. The penalty is more severe when the subject is below the age of 18. Sexual acts with anyone younger than 14 is punishable with imprisonment between three months and three years. If the sexual act involved sexual penetration, then the punishment is imprisonment between three and ten years. The age of consent of Andorra, its restrictions and its punishments are described in Article 147, 148 and 149 of the Penal Code. ==Armenia==

The age of consent in Armenia is 16. ==Austria==

The general age of consent in Austria is 14, as specified by § 206 of the penal code. (The term unmündig is specified in § 74 of the penal code.) § 206 (4) defines a close-in-age exception, lowering the age of consent to 13 if the other party is not more than 3 years older and some additional conditions are met. § 207 (4) increases this exception to 4 years, with a minimum age of 12, for sexual acts not amounting to sexual intercourse or other acts "that can be equated with sexual intercourse" - essentially non-penetrative sexual contact. It is subject to the same additional conditions of § 206 (for example, that the act does not cause serious bodily harm). However, § 207b of the penal code contains an exception to the general age of consent: if one of the partners is younger than 16 years of age and "not sufficiently mature to understand the significance of the act", then the act is punishable. The offence "initiating sexual contacts with minors under 14 through the use of computer system" is punishable by two years' imprisonment (§ 208a Penal Code). History The Austrian Criminal Code previously specified 18 as the age of consent for male homosexual sex in which the other partner was aged 14 to 18, while no equivalent provision existed for heterosexual sexual conduct or in regards to female homosexuality; this was Section 209 of the Criminal Code. In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; 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. 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. The Section was later repealed on 14 August 2002. 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. ==Azerbaijan==

The age of consent in Azerbaijan is 16. ==Belarus==

The age of consent in Belarus is 16, according to the Belarus Criminal Code. ==Belgium==

The age of consent in Belgium is 16, as specified by Article 417/6 of the . There is a close-in-age exemption of three years’ age difference for sexual acts where at least one of the partners is 14 or 15. History The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex. This provisionArticle 372biswas added in 1965 and repealed in 1985. ==Bosnia and Herzegovina==

Sexual activity with children younger than 14 is illegal under Article 207, which prohibits sexual acts with a "child", and a "child" is defined in Article 2(8) as a person under 14. 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: • Article 207, Sexual Intercourse with a Child: (1) Whoever performs sexual intercourse or equivalent sexual act on a child, shall be punished by imprisonment for a term between one and eight years. • Article 208, Meaning of Terms as Used in This Code: (8) A child, as referred to in this Code, is a person who has not reached fourteen years of age. • Article 209, Satisfying Lust in the Presence of a Child or Juvenile: Whoever, in the presence of a child or juvenile, performs acts aimed at satisfying his own lust or the lust of a third person, or whoever induces a child to submit to such acts in his presence or in the presence of a third person, shall be punished by imprisonment for a term between three months and three years. • Article 205: (2) prohibits sexual intercourse with a juvenile (defined as a person under 18) by "abuse of position". ==Bulgaria==

The age of consent in Bulgaria is 16. {{blockquote|(1) A person who has sexual intercourse with a person who has not completed the age of 16 years, insofar as the act does not constitute a crime under Article 152, shall be punished by imprisonment for two to six years. ==Croatia==

The age of consent for all sexual conduct in Croatia under the Criminal Code in force since 1 January 2013 is 15, regardless of gender and/or sexual orientation, and is regulated by Article 158 • (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 three to twelve years. • (2) Whoever commits a lewd act with a child under fifteen years of age or induces a child to commit a lewd act on itself or with a third person, shall be punished by imprisonment for a term between one and eight years. However there is a close-in-age exemption of three years. History Before the year 2013, the legal age of consent in Croatia was 14. Homosexual acts were illegal until 1977, when Croatia, then as a Yugoslav Federal Republic, changed its Penal Code. The age of consent was equalised in 1998. ==Cyprus==

The age of consent for all sexual conduct in Cyprus under the 2002 Criminal Code is 17, regardless of sexual orientation or gender. History Until 1998, homosexual acts between men were entirely forbidden under Section 171 (1929). In 1989, Alecos Modinos, president of the Cypriot Gay Liberation Movement, brought a case to the European Court of Human Rights. In 1993, the Court held that the prohibition of homosexual acts was a violation of Article 8. In January 1995, the Cypriot Government introduced a Bill in the Cypriot Parliament that would have abolished the ban. Strong opposition from the Eastern Orthodox Church meant the Bill stalled when referred to the Parliament's Legal Affairs Committee. The European Commission repeated its warning that Cyprus must follow the Court's ruling. In May 1997, again a government measure to repeal the ban failed because of the strength of the opposition. In April 1998, the Council of Europe set a deadline for compliance of 29 May 1998 and on 21 May 1998, the House of Representatives voted 36 to 8 in favour of legalising homosexual acts. However, it was set at 18 while heterosexual acts remained at 16. In 2002, under pressure from the EU, the parliament finally ended the disparate provisions and changed the age of consent to 17 for both heterosexual and homosexual acts, under the revised Criminal Code. Akrotiri and Dhekelia For both of these Sovereign Base Areas (British military enclaves) on the island of Cyprus, the age of consent is 16. Northern Cyprus Northern Cyprus (areas of the Republic of Cyprus that are occupied by Turkey after the Turkish invasion of Cyprus) has an age of consent of 16 as designated in the Penal Code (Ceza Yasası, Art. 153 & 154). History Prior to 2014, sodomy was illegal, the age of consent only applied to females and sexual contact with a female between the ages of 13 and 16 was a misdemeanor. As of 2014, the age of consent is 16 for both males and females, sexual contact with any child under 16 regardless of gender is a felony and the ban on sodomy is lifted, thereby legalising homosexual sex. ==Czech Republic==

The age of sexual consent in the Czech Republic is 15. Additionally, the section of the Czech penal code 40/2009 Sb. covering "crimes against family and children" contains § 202 which criminalises a "seduction to sexual intercourse" of any persons under 18 years by any promise or provision of payment, benefit, privilege or profit, for sexual intercourse, masturbation, exposure or similar behaviour. This regulation was added to the old Czechoslovak penal code (140/1961 Sb.) adopted by the Czech Republic as § 217a by the amendment Czech act No. 218/2003 Sb. effective from 2004 January 1. This also covers cases when there is any kind of trust or dependence, for example, teacher-student, employer-employee. History The age limit in the Austrian Empire was 14 years under § 128 of the Empire's Penal Code of 1852. Homosexual sexual intercourse and sexual intercourse with animals were generally grouped in as "crime against nature" by § 131.historic The Austrian Penal Code was replaced in Czechoslovakia in 1950. The Czechoslovak Penal Code 86/1950 Sb. in § 239 raised the limit to 15 years. Almost identical regulation was contained in the Czechoslovak penal code under 140/1961 Sb., which in § 242 reads: "A person who has coitus with a person under fifteen (15) years of age or who sexually abuses such a person in any other way shall be sentenced to imprisonment for at least one and at most eight years." The new Czech Penal Code (40/2009 Sb., effective from 2010 January 1) contains a similar regulation: § 187. Around 2008 and 2009, the lowering of the limits of criminal responsibility as well as sex acts age limits from 15 to 14 years was passed in Parliament in the new Penal Code 40/2009 Sb. effective from 1 January 2010. Both changes were criticised. Before coming into effect, the amendment act 306/2009 Sb. changed both limits back to 15 years. Until 1962, homosexual sexual intercourse was illegal in Czechoslovakia. The Czechoslovak 140/1961 Sb., Penal Code, introduced in that year, still contained as a crime "Sexual intercourse with a person of the same sex" (§ 244), but covered only persons older than 18 years of age who had intercourse with a person younger than 18. Between adults, payment receipt or provision and public nuisance were criminalised. In 1990, article § 244 was repealed in its entirety by the Czechoslovak Act 175/1990 Sb., from 1990-07-01. ==Denmark==

The age of consent in the Kingdom of Denmark is 15, by the Danish Penal Code. It is also illegal to have sexual intercourse with a child younger than 18, if the child is their adopted child, stepchild or foster child, or if they are responsible for their education or upbringing. This includes teachers. To grossly exploit ones age and experience based superiority to seduce a minor for intercourse is also illegal. The laws in the autonomous territories Faroe Islands and Greenland are equivalent although regulated in separate penal codes. History Male homosexual acts were legalised in Denmark (lesbianism was never illegal) with an age of consent set at 18, after a major reform of the Penal Code in 1930; At the same time, the age of consent for heterosexual acts was raised from 12 to 15. In 1976, the age of consent was harmonised at 15 for all acts. Sex with a child under the age of 12 results in double punishment, and sex with a minor under 18 is illegal for a person in charge of the child. Until 1866, "acts against nature" [anal intercourse] were punishable with the stake. Until the late 18th century, the rule was never used; when it came into effect, the convicts were always sentenced to 7 years in jail. This became the punishment introduced in the Penal Code 1866, but now only for homosexual acts. In 1969, Denmark became the first country to legalise pictorial pornography. This did not affect laws related to the age of people participating in its production. Consequently, the legal age of consent (15) equalled the limit for pornography produced within the country, but material produced in other countries (where the Danish consent law does not apply) was not covered and therefore legal. In 1980 it became illegal to sell, spread or possess pornography involving children under the age of 15, regardless of its country of origin (Danish Penal Code §235). The limit was later changed to 18 years, which is the standing law today, although it remains legal for a person over the age of 15 to take their own nude photos, as long as they are only shared with friends (for example with a boyfriend or girlfriend), the receiver explicitly has received the right to possess them, and they are not shared or spread any further. ==Estonia==

The age of consent in Estonia is 16, as specified by Section 145 of the Criminal Code of Republic of Estonia (sexual intercourse or other act of sexual nature with a child), which reads: "(1) Engaging in sexual intercourse or any other acts of sexual nature with a person under sixteen years of age by an adult person, unless the age difference between the adult person and the person between fourteen and sixteen years of age is not more than five years, is punishable by up to five years' imprisonment." Aggravated circumstances exist if the child is under 14 or if the perpetrator is a repeat offender. History Until 1992, male homosexual sex was illegal, the Estonian SSR Penal Code, Article 118, forbidding "anal intercourse between men". When regaining independence from USSR in 1991, the age of consent for male homosexual intercourse was set at 16, whereas the age for heterosexual intercourse with women was 14. There was no age of consent for heterosexual intercourse with men. The age of consent was harmonised in 2002 when Estonia adopted its first Penal Code after restoring its independence, specifying an equal age of consent at 14 years. This later being raised to 16 years, regardless of gender or sexual orientation, under a new law, which went into effect throughout Estonia, in June 2022. ==Finland==

The age of consent in Finland is 16, as specified by Section 6(1) (Sexual abuse of a child), which reads: "A person who has sexual intercourse with a child younger than sixteen years of age ... shall be sentenced for sexual abuse of a child to imprisonment for at most four years." The sexual act may not be punishable if "there is no great difference in the ages or the mental and physical maturity of the persons involved". The age is 18 when in connection with a person who has some formal power over the young person, like a school teacher. History Until 1971, homosexual acts were prohibited. After decriminalisation, the age of consent was set to 18 for homosexual acts and 16 for heterosexual acts. In 1999, the age of consent was harmonised at 16 for all sexual acts. Åland Islands According to the Åland Treaty, Finnish national law is applied as the minimum standard. The age of consent is therefore 16. ==France==

The minimum age of consent in France is 15, as specified by Article 227–25 of the Penal Code, which reads: "Except in the cases of rape or sexual assault provided for in Section 3 of Chapter II of this Title, the committing of sexual acts with a minor under the age of fifteen, for an adult, is punishable by seven years' imprisonment and a fine of €150,000." Article 222-22 defines sexual assault as "any sexual assault committed with violence, coercion, threat, or surprise". Article 222–22–1 then specifies that coercion can be either physical or moral. The moral coercion or surprise may result from the authority of law or fact that an adult has over a minor, and this de facto authority "may be characterized by a significant age difference between the minor victim and the adult perpetrator". Article 227–22 prohibits "promoting or attempting to promote the corruption of a minor", as well as "organizing meetings involving indecent exposure or sexual relations knowing that minors are present or participating". (Minors refers to under 15s; the text of the article can be subject to interpretation). Article 227–22–1 prohibits the "soliciting of a minor under the age of fifteen, or a person pretending to be such minor, for sexual purposes through the use of a computer system". Article 227–27 prohibits sexual relations with minors over age 15 (aged 15, 16 or 17) "1° where they are committed by an ascendant or by any other person having a legal or factual authority over the victim; 2° where they are committed by a person abusing the authority conferred by his functions." In 2021 the French law was amended so that any sexual activity with a person below 15 is automatically classified as rape or sexual assault, unless the other party is within five years of age as per a Romeo and Juliet clause; however, this five year exception was not extended to Article 227–25, which carries a potential 7-year sentence of imprisonment. Additionally, the law categorises as rape any sex with a relative below 15 years of age. History Male homosexual acts were illegal until 1791, when the ancient sodomy laws were dropped from the Criminal Code of that year. This continued to be the case under the Napoleonic Code of 1810. The age of consent was set at 11 in 1832 and at 13 in 1863. In 1942, the age of consent for homosexual acts was set at 21, while for heterosexual acts it was still 13. The latter was increased to 15 in 1945. In 1974, the age for homosexual acts was lowered to 18. In 1982, it was further lowered to 15, in line with that for heterosexual acts. ==Georgia==

The age of consent in Georgia is 16 as per Article 140 and 141 of the Georgian Penal Code. ==Germany==

The age of consent in Germany is 14, as long as a person over the age of 21 does not exploit a 14- to 15-year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offence by itself. Otherwise the age of consent is 16 for most purposes, although some protections against abuse do apply beyond this age (Under Section 182(1), it is illegal to engage in sexual activity with a person under 18 "by taking advantage of an exploitative situation".) This is specified by Sections 176 (Sexual abuse of children), 180 (Promotion of sex of minors) and 182 (Sexual abuse of youths) of the Penal Code, which read: § 176: "(1) Punished by imprisonment at least one year (and not more than fifteen years pursuant to § 38) shall whoever • commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on themself by the child, • induces a child to commit sexual acts on a third person or to allow them to be committed on the person by a third person, or ..." § 180: "(1) Whoever abets the commission of sexual acts of a person under sixteen years of age on or in front of a third person or sexual acts of a third person on a person under sixteen years of age": • by acting as an intermediary; or • by furnishing or creating an opportunity, shall be punished with imprisonment for not more than three years or a fine. ..." § 182: "(3) A person over twenty-one years of age who abuses a person under sixteen years of age, in that he: • commits sexual acts on the person or allows them to be committed on himself by the person; or • induces the person to commit sexual acts on a third person or to allow them to be committed on the person by a third person, and thereby exploits the victim's lack of capacity for sexual self-determination, shall be punished with imprisonment for not more than three years or a fine. ... The act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein. ... The court may dispense with punishment pursuant to these provisions if, in consideration of the conduct of the person against whom the act was directed, the wrongfulness of the act is slight." History The current rules for age of consent in Germany were set following a post-reunification penal law reform in 1994. The ages of 14 and 16 had been relevant since the Criminal Code for the German Empire came into force in 1872: Under § 176, sexual acts with children under 14 were illegal and have been always since. Under § 182, seduction of an "unblemished girl under the age of 16" was prosecuted upon complaint of parents or legal guardian only. In West Germany the latter rule was kept, with minor changes in 1973: Unblemishedness was no longer required, and the court could refrain from punishment if the offender was under 21 years of age. The German Democratic Republic, by contrast, created a new socialist criminal code in 1968. Under § 149, sexual acts with persons of the opposite sex between the ages of 14 and 16 were punishable if the victim's "moral immaturity" was exploited by using "gifts, the promise of benefits or similar" methods of persuasion "to initiate intercourse or actions similar to intercourse". Male homosexuality had been illegal under § 175 regardless of age since 1872. Female homosexuality was not prosecuted. In West Germany, male homosexuality was legalised in 1969. The age of consent was set to 21 years and reduced to 18 years in 1973. Only men of 18 or older could be offenders and courts could refrain from punishment if the offender was not yet 21. In East Germany, the criminal code was supplemented in 1957 by a provision that allowed the waiving of prosecution if no harm had been done to socialist society by the unlawful act. Concerning § 175, this meant that male homosexual acts were prosecuted only if they involved minors, which meant persons under 18. The new criminal code of 1968 officially legalised homosexuality and in § 151, which now was gender-neutral, criminalised only homosexual acts of adults with minors. In 1987 the GDR supreme court ruled homosexuality was a variant of sexual behaviour just as heterosexuality. In 1989 § 151 was repealed and § 149 amended to include any sexual orientation. After German reunification, according to the Unification Treaty of 1990, the § 149 code section stayed in force for the territory of the former GDR, and in West Germany, § 175 and § 182 were no longer enacted. West German lawmakers also saw the need for gender- and sexual-orientation-neutrality, and for rebalancing sexual self-determination with the protection of minors. In the ensuing 1994 reform, the minimum age of 14 for all of Germany was kept, and in building on legal traditions of both states, sexual acts committed by a person above 21 with a minor under 16 involving exploitation of the minor's individual lack of capacity for sexual self-determination were made punishable in new § 182. § 175 was abolished. In general, the need for a complaint from the former West German law was kept, but in the case of special public interest, the offence was made prosecutable ex officio, as had been the case in East German law. ==Greece==

The age of consent in Greece is 15. The general provision for age of consent in Greece is 15 as specified by Article 339, as well as Articles 337, 348B of the Greek Penal Code. In 2015, along with the legalisation of same-sex civil unions, Article 347 which provided a further prohibition of seducing a male under 17 if the actor is a male adult was repealed, therefore equalising age of consent for homosexual acts. There are also several other prohibitions regarding positions of authority and sexual acts, as specified by Articles 342 and 343. Furthermore, there is a close-in-age exemption of 3 years age difference for sexual acts between persons younger than 15. ==Hungary==