Under Article 380§1 of the Belgian Criminal Code only those people that participate in sexual offences and prostitution are punished. These are:
The punishment for these four offences is harder if the offender employs deceit, violence or threats or when the offender employs any form of coercion or abuses a person's vulnerable position (illegal or precarious administrative situation, pregnancy, illness or a physical or mental defect weakness) (Article 380§3).
The punishment for the offences referred to in Article 380§1 is harder if the person is underage (depending on the case, younger than 16 years or younger than 10 years) (Article 380§4).
Those that encourage a sexual offence in a public place (by words, gestures or signs) are punishable under Article 380 bis.
Article 380 ter punishes those who directly or indirectly advertise the publication, circulation or distribution of services of a sexual nature with a direct or indirect profit motive, when those services are provided through a telecommunication means, even if they hide their offer in guarded terms. This article also punishes those who make it known in any form of advertising that they resort to prostitution, facilitate the prostitution of others or wish to come into contact with someone who resorts to sexual offences. The punishments are naturally harsher if the advertising refers to underage people.
Lastly, Articles 383-385 of the Belgian Criminal Code punishes offences against common decency.
Article 380§6 of the Belgian Criminal Code
Those that attend sexual offences or prostitution involving underage people are punishable,
For the legislator, 'attend' simply means physical presence, e.g. in peepshows and sex shows in which underage people participate. This is a crime of negligence. 'Not only the person that intended to be present during a sexual offence or prostitution involving an underage person, but anyone who - after a chance confrontation with the facts - willingly or otherwise remains in the physical presence of the sexual offence or prostitution involving an underage person is guilty of attending a sexual offence or prostitution involving an underage person.
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