CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007 __________________________________________________________________________________ Chapter VI – Substantive criminal law Article 18 – Sexual abuse 1 Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised: a engaging in sexual activities with a child who, according to the relevant provisions of national law, has not reached the legal age for sexual activities; b engaging in sexual activities with a child where: – use is made of coercion, force or threats; or – abuse is made of a recognised position of trust, authority or influence over the child, including within the family; or – abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence. 2 For the purpose of paragraph 1 above, each Party shall decide the age below which it is prohibited to engage in sexual activities with a child. 3 The provisions of paragraph 1.a are not intended to govern consensual sexual activities between minors. Article 19 – Offences concerning child prostitution 1 2 Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised: a recruiting a child into prostitution or causing a child to participate in prostitution; b coercing a child into prostitution or profiting from or otherwise exploiting a child for such purposes; c having recourse to child prostitution. For the purpose of the present article, the term “child prostitution” shall mean the fact of using a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment, regardless if this payment, promise or consideration is made to the child or to a third person. Article 20 – Offences concerning child pornography 1 Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct, when committed without right, is criminalised: a producing child pornography; b offering or making available child pornography; c distributing or transmitting child pornography; d procuring child pornography for oneself or for another person; 7