Penal Code

is guilty of homosexual conduct, a Class 7 serious offence, punishable with a definite term of imprisonment of not less than 5 years and not more than 7 years.

Except in paragraphs (d), (e), or (f) which apply regardless of the consent of the victim to the act, in instances where the offence described in sub-Article (1) was committed against the will of a person or persons, the offender who:

carries, uses or threatens to use a weapon or otherwise uses violence, intimidation or coercion or in any other way renders the victim incapable of resisting;

threatens to cause bodily injury to a person other than the person assaulted;

wounds, maims, disfigures or otherwise causes serious bodily injury to the person assaulted, or transmits a communicable human disease to the person assaulted or exposes him to the same, regardless whether such disease is treatable or is a public health problem, provided that if the person assaulted dies as a direct effect of the disease, the offender is guilty of murder, punishable under Article 275;

is fifteen or older and assaults a person under the age of fifteen;

abuses a position of trust, power or authority (pupil, apprentice, school boarder, domestic servant, adopted child, prisoner, patients);

endangers the life of the person assaulted or if the assaulted person, due to sadism of or transmission of diseases from the assailant, commits suicide from distress or despair;

is a party to the offence with any other person;

performs such act on an unconscious or deluded person or old people;

performs such act by misrepresentation; or

performs such act as a member of a group,

is guilty of aggravated homosexual conduct, a Class 6 serious offence, punishable with a definite term of imprisonment of not less than 7 years and not more than 10 years.