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I have been looking through the English translation of the German Penal Code here.

Does anybody know which Article covers the law for sexting? Specially, what ages are legal, as it seems closely tied in with the age of consent.

Since this is the subject of Law, I would rather ask the question, than make an incorrect guess. I have exhaustively searched for various keywords, like "sex", "sexting", "internet" etc... but the results seem dissimilar to what I am searching for.

EDIT: Sexting: The act of sending sexually explicit text messages and/or photographs between cell phones.

user5623335
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2 Answers2

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StGB §184

The general ban on making pornographic material available to minors also is relevant to sexting, if the receiver is less than 18.

StGB §184b

The total and exceptionless ban on making and possessing child pornography also applies to sexting: Child pornography is images of a sexual nature if the person on any of the images is less than 14. There is no exception: if the image's subject is less than 14 years old, it is illegal material for anyone to possess, make, or transfer.

Kids however are "Strafunmündig" and can not be prosecuted. (StGB §19)

StGB 176a

Also relevant in this regard would be 176a, which includes making a minor under 14 do sexual acts, including by providing pornographic material.

StGB §184c

Is the subject of the image 14 to 18, then this paragraph applies. In contrast to the exceptionless ban on child pornography, there is a tiny exception if some factors are given: First, the picture's subject needs to consent. Second, the image may only exist for purely personal use of the sender and intended recipient.

Do note that any form of duress or pressure on the youth would invalidate consent, and showing the picture to anyone but the intended recipient would invalidate purely personal use.

Conclusion

Sexting is highly illegal for anyone under 14, even if consensual.

With 14 and up to the 18th birthday (Which is a Jugendlicher under §1 JGG), there is some limelight if both are in this age bracket, no pressure is applied and the images are never shared beyond the original recipient.

Adults sexting their images to juveniles is illegal, as you are not allowed to give them pornographic material, no exception. They would be allowed to receive such material, but sending explicit material back would be making available pornography to someone under 18.

Trish
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Does anybody know which Article covers the law for sexting?

Sorry, I should have looked up the meaning of 'sexting' before writing this answer. As the first answer states §184b or §184c StGB are more specific to sexting than this answer.

§§176,176a,182 StGB (see links below) and deal with the sexual abuse of children/juveniles.

The first 2 deal with children (under 14 years of age), the third (§182) with juveniles (between 14 and 18).

§182 contains 3 major sub-paragraphs that should be read carefully.

  • (1): taking advantage of a predicament a juvenile
  • (2): a person over 18 who abuses a juvenile against payment
  • (3): a person over 21 who abuses a person under 16 years of age
    • exploits the victim’s lack of capacity for sexual self-determination
    • prosecuted only upon request or considered to be in the public interest

Note: the english translation of the internet version of the German Criminal Code is outdated, but seem to be ok for these 3 paragraphs.

Sources:

Mark Johnson
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