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Crimes Against Morals And The Family

TITLE IV
CRIMES AGAINST MORALS AND THE FAMLY
CHAPTER I
CRIMES AGAINST MORALS

Section I- Injury to Sexual Liberty and Chastity

Article 620- Rape.

(1)    Whoever compels a woman to submit to sexual intercourse outside wedlock, whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance,
is punishable with rigorous imprisonment from five years to fiftten years.
(2)    Where the crime is committed:
a)    on a young woman between thirteen and eighteen years of age; or
b)    on an inmate of an alms-house or asylum or any establishment of health, education, correction, detention or internment which is under the direction, supervision or authority of the accused person, or on anyone who is under the supervision or control of or dependant upon him; or
c)    on a woman incapable of understanding the nature or consequences of the act, or of resisting the act, due to old-age, physical or mental illness, depression or any other reason; or
d)    by a number of men acting in concert, or by subjecting the victim to act of cruelty or sadism.
The punishment shall be rigorous imprisonment from five years to twenty years.
(3)    Where the rape has caused grave physical or metal injury or death, the punishment shall be life imprisonment.
(4)    Where the rape is related to illegal restraint or abduction of the victim, or where communicable disease has been transmitted to her, the relevant provisions of this Code shall apply concurrently.

Article 621- Compelling a Man to Sexual Intercourse.

A woman who compels a man to sexual intercourse with herself,
Is punishable with rigorous imprisonment not exceeding five years.

Article 622- Sexual Outrages Accompanied by Violence.

Whoever, by the use of violence or grave intimidation, or after having in any other way rendered his victim incapable of offering resistance, compels a person of the opposite sex, to perform or to submit to an act corresponding to the sexual act, or any other indecent act,
Is punishable with simple imprisonment for not less than one year, or rigorous imprisonment not exceeding ten years.

Article 623- Sexual Outrages on Unconscious or Deluded Persons, or on Persons Incapable of Resisting.

Whoever, knowing of his victim’s incapacity, but without using violence or intimidation, performs sexual intercourse, or commits a like or any other indecent act, with an idiot, with a feeble-minded or retarded, insane or unconscious person, or with a person who is for any other reason incapable of understanding the nature or consequences of the act,
Is punishable, according to the circumstances of the case, with simple imprisonment for not less than one year, or with rigorous imprisonment not exceeding fifteen years.

Article 624- Sexual Outrages on Persons in Hospital, Interned or Under Detention.

Whoever, by taking advantage of his position, office or state, has sexual intercourse or performs an act corresponding to the sexual act or any other indecent act with an inmate of a hospital, an alms-house or an asylum, or any establishment of education, correction, internment or detention, who is under his direction, supervision or authority,
Is punishable, according to the circumstances of the case, with simple imprisonment for not less than one year, or with rigorous imprisonment not exceeding fifteen years.

Article 625- Taking Advantage of the Distress or Dependence of a Woman.

Whoever, apart from the cases specified in the preceding Article, procures from a woman sexual intercourse or any other indecent act by taking advantage of her material or mental distress or of the authority he exercises over her by virtue of his position, function or capacity as protector, teacher, master or employer, or by virtue of any other like relationship,
Is punishable, upon complaint, with simple imprisonment.

Article 626- Sexual Outrages on Minors between the Ages of Thirteen and Eighteen Years.

(1)    Whoever performs sexual intercourse with a minor of the opposite sex, who is between the ages of thirteen and eighteen years, or causes her to perform such an act with her,
Is punishable with rigorous imprisonment from three years to fifteen years.
(2)    A Woman who causes a male minor between the ages of thirteen and eighteen years, to perform sexual intercourse with her,
Is punishable with rigorous imprisonment not exceeding seven years.
(3)    Whoever performs an act corresponding to the sexual act or any other indecent act upon a minor, of the opposite sex who is between the ages of thirteen and eighteen years, induces him to perform such an act, or deliberately performs such an act in his presence,
Is punishable with simple imprisonment not less than three months or with rigorous imprisonment not exceeding five years.
(4)    Where the victim is the pupil, apprentice, domestic servant or ward of the criminal, or a child entrusted to his custody or care, or in any other way directly dependant upon or subordinate to him,
the punishment shall be:
(a)    with rigorous imprisonment from five years to twenty years in respect of the crime specified in sub-article (1) above;
(b)    with rigorous imprisonment from three years to ten years in respect of the crime specified in sub-article (2) above; or
(c)    with rigorous imprisonment not exceeding seven years in respect of the crime specified in sub-article (3) above.
(5)    Where the sexual outrage has caused grave bodily or metal injury to or death of the victim, the relevant provision of this Code shall apply concurrently.

Article 627- Sexual Outrages Committed on Infants.

(1)    Whoever performs sexual intercourse with a minor of the opposite sex, who is under the age of thirteen years, or causes her to perform such an act with her,
is punishable with rigorous imprisonment from thirteen years to twenty-five years.
(2)    A woman who causes a male minor under the age of thirteen years, to perform sexual intercourse with her,
is punishable with rigorous imprisonment not exceeding ten years.
(3)    Whoever performs an act corresponding to the sexual act or any other indecent act upon a minor, of the opposite sex who is under age of thirteen years, induces him to perform such an act, or deliberately performs such an act in his presence,
is punishable with rigorous imprisonment not exceeding ten years.
(4)    Where the victim is the pupil, apprentice, domestic servant or ward of the criminal, or a child entrusted to his custody or care, or in any other way directly dependant upon or subordinate to him,
a)    in respect of the crime prescribed in sub-article (1) above the punishment shall be more severe on such a person than when it is committed by other persons;
b)    in respect of the crime prescribed in sub-article (2) above the punishment shall be rigorous imprisonment from three years to fifteen years.
c)    In respect of the crime prescribed in sub-article (3) above the punishment shall be rigorous imprisonment from three years to fifteen years.
(5)    Where the sexual outrage has caused grave bodily or mental injury to or death of the victim, the punishment shall be rigorous imprisonment for life.

Article 628- Other Grounds Aggravating the Crime.

In all cases involving rape or sexual outrage (Arts. 620 – 627), the punishment shall be rigorous imprisonment from five years to twenty-five years, where the relevant provision does not prescribe a more severe penalty:
a)    where the victim becomes pregnant; or
b)    where the criminal transmits to the victim a venereal disease with which he knows himself to be infected; or
c)    where the victim is driven to suicide by distress, anxiety, shame or despair.

Section II- SEXUAL DEVIATIONS

Article 629- Homosexual and other Indecent Acts.

Whoever performs with another person of the same sex a homosexual act, or any other indecent act,
is punishable with simple imprisonment.

Article 630- General Aggravation to the Crime.

(1)    The punishment shall be simple imprisonment for not less than one year, or, in grave cases, rigorous imprisonment not exceeding ten years, where the criminal:
a)    takes unfair advantage of the material or mental distress of another or of the authority he exercise over another by virtue of his position, office or capacity as guardian, tutor, protector, teacher, master or employer, or by virtue of any other like relationship, to cause such other person to perform or to submit to such an act; or
b)    makes a profession of such activities within the meaning of the law (Art. 92).
(2)    The punishment shall be rigorous imprisonment from three years to fifteen years, where:
a)    the criminal uses violence, intimidation or coercion, trickery or fraud, or takes unfair advantage of the victim’s inability to offer resistance or to defend himself or of his feeble-mindedness or unconsciousness; or
b)    the criminal subjects his victim to acts of cruelty or sadism, or transmits to him a venereal disease with which he knows himself to be infected; or
c)    the victim is driven to suicide by distress, shame or despair.

Article 631- Homosexual and Other Indecent Acts performed on Minors.

(1)    Whoever performs a homosexual act on a minor, is punishable:
a)    with rigorous imprisonment from three years to fifteen years, where the victim is between the ages of thirteen and eighteen years; or
b)    with rigorous imprisonment from fifteen years to twenty-five years, where the victim is below thirteen years of age.
(2)    A woman who performs a homosexual act on a female minor, is punishable with rigorous imprisonment not exceeding ten years.
(3)    Whoever performs any other indecent act on a minor of the same sex, is punishable with simple imprisonment.
(4)    Where the victim is the pupil, apprentice, domestic servant or ward of the criminal, or a child entrusted to his custody or care, or in any other way directly dependant upon or subordinate to him:
a)    in the case of sub-article (1) the punishment to be imposed upon such criminal shall be more severe than when the crime is committed by another person;
b)    in the case of sub-article (2) the punishment shall be rigorous imprisonment from three years to ten years;
c)    in the case of sub-article (3) the punishment shall be simple imprisonment for not less than six months.
(5)    Where the sexual outrage has caused death or grave physical or metal injury upon the victim; or where the victim is driven to suicide by distress, shame or despair, the punishment shall be rigorous imprisonment for life.

Article 632- Participation of a Juridical Person in Sexual Outrages Committed on Minors.

Where an official or employee of a juridical person or any other person commits one of the crimes in the provision of Articles 626-628 and 631 on a minor living in an institution established for the purpose of upbringing, educating training or in any other way taking chare of children, and where the operation or administration of such juridical person has created a favourable condition for the commission of such crimes, or where the crime is committed because the juridical person has not provided sufficient safeguard,
the juridical person shall be punishable in accordance with Article 90 of this Code according to the kind and gravity of each crime.

Article 633- Sexual Intercourse with an Animal.

Whoever performs sexual intercourse with an animal,
is punishable with simple imprisonment.

            Section III- EXPLOITATION OF THE IMMORALITY OF OTHERS

Article 634- Habitual Exploitation for Pecuniary Gain.

Whoever, for gain, makes a profession of or lives by procuring or on the prostitution or immorality of another, or maintains, as a landlord or keeper, a brothel,
is punishable with simple imprisonment and fine.

Article 635- Traffic in Women and Minors.

Whoever, for gain, or to gratify the passions of another:
a)    traffics in women or minors, whether by seducing them, by enticing them, or by procuring them or otherwise inducing them to engage in prostitution, even with their consent; or
b)    keeps such a person in a brothel to let him out to prostitution,
is punishable with rigorous imprisonment not exceeding five years, and fine not exceeding ten thousand Birr, subject to the application of more severe provisions, especially where there is concurrent illegal restraint.

Article 636- Aggravation to the Crime.

In cases of professional procuring or traffic in persons, rigorous imprisonment shall be from three years to ten year, and the fine shall not exceed twenty thousand Birr where:
a)    the victim is a minor; or
b)    the victim is the wife or a descendant of the criminal, his adopted child or the child of his spouse, his brother or his sister, or his ward, or where the victim has been entrusted, on any ground whatsoever, to his custody or care; or
c)    the criminal has taken unfair advantage of the material or mental distress of his victim, or of his position as protector, employer, teacher, landlord or creditor, or of any other like situation; or
d)    the criminal has made use of trickery, fraud, violence, intimidation, coercion, or where he has misused his authority over the victim; or
e)    the victim is intended for a professional procurer, or has been taken abroad or where the victim’s whereabouts or place of abode cannot be established; or
f)    the victim has been driven to suicide by shame, distress or despair.

Article 637- Organization of Traffic in Women and Minors.

Whoever makes arrangements or provisions of any kind for the procurement of or traffic in women or minors,
is punishable with simple imprisonment, or according to the circumstances of the case, especially where a professional procurer is involved or where the arrangements are fully made and intended to apply to many victims, with rigorous imprisonment not exceeding three years, and a fine which shall be not less than five hundred Birr in grave cases.

Article 638- Criminal Liability of a Juridical Person.

Where a juridical person takes part in the crimes specified in this Section, it shall be punishable in accordance with Article 90(3) of this Code, depending on the nature of the crime and the circumstances of the case.

             Section IV- CRIMES TENDING TO CORRUPT MORALS

Article 639- Public Indecency and Outrages against Morals.

(1)    Whoever, in a public place or in sight of the public, deliberately performs the sexual act or any other obscene act or gesture grossly offensive to decency or morals,
is punishable with simple imprisonment from three months to one year, or fine not exceeding one thousand Birr.
(2)    Where the criminal has knowingly performed the act in the presence of a minor, the punishment shall be simple imprisonment from six months to five years.

Article 640- Obscene or Indecent Publications.

(1)    Whoever:
a)    makes, imports or exports, transports, receives, possesses, displays in public, offers for sale or hires, distributes or circulates writings, images, posters, films or other objects which are obscene or grossly indecent, or in any other way traffics or trades in them; or
b)    advertises, indicates or makes known, by any means, how or from whom such objects may be procured or circulated, either directly or indirectly,
is punishable with simple imprisonment for not less than six months, and fine, without prejudice to the forfeiture and destruction of the incriminating material.
(2)    simple imprisonment shall be for not less than one year, and the fine shall not exceed ten thousand Birr, where the criminal:
a)    habitually engages in or carries on such traffic;
b)    knowingly exhibits, hands over or delivers such objects to a minor; or
c)    for this purpose displays simulation of sexual intercourse by minors or exhibits their genitals,

Article 641- Obscene or Indecent Performances.

The punishments specified in the preceding Article are applicable to anyone who organizes or gives public auditions or performances, in a theatre or in a cinema, by projection or by radio or television broadcast, by video, or in any other way, which are obscene or grossly indecent.

Article 642- Lawful Works.

Works or objects purely artistic, literary or scientific in character which are not calculated to inflame erotic feelings or lust, are not held to be obscene or indecent.

Article 643- Indecent publicity and Advertisements.

(1)    Whoever displays in public indecent or immoral objects, products or works,
Is punishable with simple imprisonment for not less than one month, and fine.
(2)    Whoever sends by any means such things to persons not having solicited them or having no professional interest in them,
Is punishable, upon complaint, with a fine not exceeding five hundred Birr, or with simple imprisonment.

Article 644- Protection of Minors.

Whoever, for gain or to provoke:
a)    publicly displays by video, or in a shop window, in a booth or in any other place visible from without, writings, images or objects such as to stimulate unduly, to pervert or to misdirect the sexual instinct, or to arouse or to stimulate unduly brutal or bloodthirsty instincts, or anti-social feelings or feelings which are inimical to the family spirit, in minors; or
b)    knowingly offers, lends, gives or sells such objects, images or writings to a minor,
is punishable with simple imprisonment from six months to three years, and fine, without prejudice to the forfeiture of the incriminating material where appropriate.

Article 645- Criminal Liability of a Juridical Person.

Where a juridical person takes part in the crimes specified in this Section, it shall be punishable in accordance with Article 90(3) of this Code, depending on the nature of the crime and the circumstances of the case.

CHAPTER II
CRIMES AGAINST THE FAMILY
Section I- CRIMES AGAINST THE INSTITUTION OF MARRIAGE

Article 646- Fraud and Deceit in Marriage.

(1)    Whoever intentionally, in contracting or in order to contract a marriage, conceals from his spouse a fact that would annul or invalidate the marriage on one of the grounds specified  by law,
Is punishable with simple imprisonment not exceeding two years, or fine not exceeding five thousand Birr.
(2)    Whoever procures a marriage by means of intentional misrepresentation, error, fraud or deceit in respect of his identity,
Is punishable, upon complaint, with simple imprisonment not exceeding one year, or fine not exceeding one thousand Birr.

Article 647- Solemnizing or Contracting an Unlawful Marriage.

(1)    Whoever intentionally solemnizes a marriage forbidden by law,
is punishable with simple imprisonment not exceeding three years, or fine not exceeding five thousand Birr.
(2)    Whoever contracts, permits or becomes a witness to a marriage forbidden by law,
is punishable under the provisions of sub-article (1) of this Article.
(3)    Where the crime specified under sub-article (1) or (2) of this Article is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine.

Article 648- Early Marriage.

Whoever concludes marriage with a minor apart from circumstances permitted by relevant Family Code is punishable with:
a)    rigorous imprisonment not exceeding three years, where the age of the victim is thirteen years or above; or
b)    rigorous imprisonment not exceeding seven years, where the age of the victim is below thirteen years.

Article 649- Where Solemnization or Conclusion of an Unlawful Marriage is not Punishable.

No proceedings may be instituted under Article 646 or 647, unless the marriage has been annulled.

Article 650- Bigamy.

(1)    Whoever, being tied by the bond of a valid marriage, intentionally contracts another marriage before the first union has been dissolved or annulled,
Is punishable with simple imprisonment, or, in grave cases, and especially where the criminal has knowingly misled his partner in the second union as to his true state, with rigorous imprisonment not exceeding five years.
(2)    Any unmarried person who marries another he knows to be tied by the bond of an existing marriage,
Is punishable with simple imprisonment.
(3)    Limitation of criminal proceedings is suspended until such time as one of the two marriages shall have been dissolved or annulled.

Article 651- Exception.

The preceding Article shall not apply where bigamy is committed in conformity with religious or traditional practices recognized by law.

Article 652- Adultery.

(1)    A spouse bound by a union recognized under civil law who commits adultery,
Is punishable, upon complaint by the injured spouse, with simple imprisonment or fine.
The same punishment shall apply to the partner who commits adultery with a person whom he knows to have a valid marriage.
Where the complainant has provoked the adultery, consented to it, condoned it or derived profit from it, no proceedings shall follow.
(2)    The Court may mitigate the punishment (Art. 180) where, at the time at which the adultery was committed, the two spouses had already ceased to cohabit.
(3)    Where the criminal installs a concubine in the conjugal home while not divorced or abandoned by his spouse, simple imprisonment shall be for not less than three months.

Article 653- Death of Complainant.

Where the injured party dies before lodging his complaint, the criminal shall not be subject to criminal liability.
Where criminal proceedings have been instituted upon complaint and where the criminal has been sentenced to imprisonment, the Court may, whether the victim has died or not, order the termination of the punishment of deprivation of liberty by a decision stating the reasons thereof, where the circumstances especially the convicted person’s liabilities as head of a family or as the person supporting it, justify such a course.

            SECTION II- SEXUAL CRIMES BETWEEN RELATIVES

Article 654 Incest.

Performance of the sexual act, intentionally, between persons whose marriage is forbidden by the relevant law on the grounds of blood relationship,
Is punishable, according to the circumstances, and without prejudice to the deprivation of family rights of the criminal, with simple imprisonment for not less than three months, or with rigorous imprisonment not exceeding three years.

Article 655- Indecent Behavior between Relatives.

Acts corresponding to the sexual act or other indecent acts between persons related by blood,
Are punishable with simple imprisonment not exceeing six months.

Section III- CRIMES AGAINST COMPULSORY REGISTRATION AND FAMILY DUTIES


Article 656- Omission to Register the Birth of an Infant or to Report its Abandonment.

(1)    Whoever fails to declare the birth of an infant, as prescribed by law, to the officer of civil status,
is punishable with  a fine not exceeding five hundred Birr, or simple imprisonment not exceeding one month.
(2)    Whoever, finding a newborn infant abandoned, fails to report it to the appropriate authority, is liable to the same punishment.

Article 657- False Registration, Supposition and Substitution of Infants.

(1)    Whoever suppresses or falsifies a fact to be entered into the register of the civil status of another, especially by registering or causing to be registered a false declaration concerning the identity or birth of an infant,
is punishable with simple imprisonment.
(2)    In cases entailing or likely to entail grave foreseeable consequences, especially in the case of registration by substituting one infant for another,
the punishment shall be rigorous imprisonment not exceeding five years.

Article 658- Failure to Maintain.

Whoever, without good cause:
a)    refuses or omits to provide maintenance which he owes, by virtue of law, to entitled persons, even to a spouse who brought action for divorce, until such divorce is pronounced; or
b)    fails to meet the financial obligations he has incurred, by virtue of law or formal undertaking, towards a woman whom he has made pregnant out of wedlock, or towards a person with whom he has lived in an irregular union,
is punishable, upon complaint, with fine, or with simple imprisonment not exceeding six months.

Article 659- Failure to Bring up.

(1)    A parent or other person exercising the authority of guardian or tutor, who, for gain or in dereliction of his duty;
a)    grossly neglects the children under his charge and abandons them without due care and attention or to moral or physical danger; or
b)    entrusts a child for a long time to a person, an organization or an institution with whom or where he knows, or could have foreseen, that it will be reduced to physical or moral destitution, or will be physically or psychologically endangered,
is punishable with simple imprisonment or fine. In grave cases, the Court may in addition deprive the criminal of his family rights.
(2)    Where the child has suffered injury, whether foreseen or calculated, whether by abuse of the right to administer chastisement or through ill-treatment, the relevant provision in this Code shall apply concurrently (Art. 63).

CHAPTER III

COMMON PROVISIONS

Article 660- Concurrence of Crimes.

(1)    In cases where crimes against the institution of marriage (Arts. 648, 649 or 652), and those against kinship (Art. 654), are committed simultaneously, the relevant provisions shall apply concurrently.
(2)    Where crime against sexual liberty (Arts. 620 and 621, 623 – 626, 628 and 639) is committed simultaneously with the crime against kinship (Art. 654), the relevant provisions shall apply concurrently.
(3)    In cases where a crime of indecent behaviour between relatives (Art. 655), is committed simultaneously with a crime against chastity (Arts. 622 – 625, 627 and 628, 629-631, and 639), the relevant provisions shall apply concurrently.

Article 661- Criminal Liability of a Minor.

(1)    Where the victim to sexual outrage, to an act against chastity or to an unnatural carnal crime is a minor, he shall not be liable to punishment.
Appropriate measures for his proper upbringing and protection may be applied.
(2)    The general provisions of this Code (Arts. 52-56) shall apply to a minor who commits a crime against other persons.