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Home› Digital Consumer & Youth Protection› JuSchG (EN)

Section 27

Criminal provisions

(1) Whoever 1. contrary to section 15(1) nos. 1 to 5 or 6, each also in conjunction with paragraph 2, or contrary to section 15(1a), offers, transfers, makes accessible, displays, posts up, screens, imports, announces or promotes a medium named therein, 2. contrary to section 15(1) no. 7, also in conjunction with paragraph 2, manufactures, obtains, delivers, keeps in stock or imports a carrier medium, 3. contrary to section 15(4) prints or publishes the list of media endangering young persons, 4. contrary to section 15(5) gives a notice named therein in commercial advertising, or 5. contravenes an enforceable decision under section 21(8), first sentence, no. 1, is liable to imprisonment for a term not exceeding one year or to a fine.
(2) The same penalty applies to whoever, as organiser or business operator, 1. commits a deliberate act described in section 28(1) nos. 4 to 18 or 19 and thereby, at least recklessly, gravely endangers a child or young person in their physical, mental or moral development, or 2. commits a deliberate act described in section 28(1) nos. 4 to 18 or 19 out of a desire for gain, or repeatedly and persistently.
(3) Where the act is committed negligently in the cases under 1. paragraph 1 no. 1, or 2. paragraph 1 nos. 3, 4 or 5, the penalty is imprisonment for a term not exceeding six months or a fine of up to 180 daily units.
(4) Paragraph 1 nos. 1 and 2 and paragraph 3 no. 1 do not apply where a person with the right of custody, or a person acting with the consent of a person with the right of custody, offers, transfers, makes accessible or screens the medium to a child or young person. This does not apply where the person with the right of custody, by giving that consent, or by the offering, transfer, making accessible or screening, grossly violates their duty of upbringing.

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