ACT No. LXIV of 2021 AN ACT to amend the Criminal Code, Cap. 9 and other laws on sexual offences and other matters relating to minors.

I assent.

(L.S.)

GEORGE VELLA

President

14th December, 2021

ACT No. LXIV of 2021

AN ACT to amend the Criminal Code, Cap. 9 and other laws on

sexual offences and other matters relating to minors.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Various Laws relating to Short title.

Sexual Offences and Matters relating to Minors (Amendment) Act,

2021. PART I

Amendments to the Criminal Code

This Part amends the Criminal Code and it shall be read and Amendments to

construed as one with the Criminal Code, hereinafter in this Part the

Code.

referred to as "the Code".

In sub-article (1) of article 87 of the Code, the words "from Amendment of

thirteen months to three years in each of the following cases:" shall be article

Code.

substituted by the words "from thirteen (13) months to six (6) years if

any one or more of the following circumstances results:".

Immediately after article 89 of the Code there shall be added Addition of new

article to the

Code.

the following new article

89A. (1) Whosoever removes from Malta or retains

from Malta of

a minor under the age of sixteen (16) years abroad in

breach of an order given by the Maltese court or in breach

of a care order issued by a competent authority in

accordance with the Minor Protection (Alternative Care)

Act shall, on conviction, be liable to imprisonment from

thirteen (13) months to three (3) years.

(2) For the purposes of this article

(a) "removes from Malta" means the

removal from Malta of a minor, even if by deceit or

fraud and even if by a person having parental

authority over the minor in breach of a court order or

of a care order as referred to in sub-article (1);

(b) "retain" means the retention outside

Malta for a period of more than three (3) days of a

minor, even if by deceit or fraud and even if by a

person having parental authority over the minor in

breach of a court order or of a care order as referred

to in sub-article (1).".

Article 198 of the Code shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) Whosoever shall engage in non-consensual

carnal connection, that is to say, vaginal, anal or oral

penetration with any sexual organ of the body of another

person, shall, on conviction, be liable to imprisonment for

a term from six (6) to twelve (12) years

Provided that whosoever shall engage in non-

consensual vaginal, anal, or oral penetration with any other

part of the body not mentioned in sub-article (1) on the

body of another person, shall, on conviction, be liable to

imprisonment for a term from three (3) to nine (9) years

Provided further that penetration with any

bodily part shall be deemed to be complete by its

commencement, and it shall not be necessary to prove any

further acts.";

(b) immediately after sub-article (1) thereof there shall

be added the following new sub-article

"(1A) Whosoever shall engage in non-consensual

vaginal, anal or oral penetration of a sexual nature with an

object, whether the object is intended for activities of a

sexual nature or otherwise, shall, on conviction, be liable to

imprisonment for a term from three (3) to twelve (12)

years

Provided that penetration with an object shall

be deemed to be complete by the commencement of the

penetration with that object, and it shall not be necessary to

prove any further acts.";

(c) in sub-article (2) thereof the words "in the preceding

sub-article with any person shall, on conviction, be liable to

imprisonment for a term from six to twelve years." shall be

substituted by the words "in the preceding sub-articles with any

person shall, on conviction, be liable to the punishment mentioned

in the same sub-articles."; and

(d) in sub-article (3) thereof the words "The acts referred

to in sub-article (1)" shall be substituted by the words "The acts

referred to in sub-articles (1) and (1A)".

Article 202 of the Code shall be amended as follows

Amendment of

article 202 of

the Code.

(a) the words "two degrees in each of the following

cases" shall be substituted by the words "two degrees if any one

or more of the following circumstances results";

(b) paragraph (g) thereof shall be substituted by the

following new paragraph

"(g) when the offence is committed on a minor;";

(c)

paragraph (h) thereof shall be amended as follows

(i) sub-paragraph (v) thereof shall be substituted

by the following new sub-paragraph

"(v) another person living in the same

household as the offender or who had lived with the

offender before the offence was committed;"; and

(ii) sub-paragraph (vi) thereof shall be substituted

by the following new sub-paragraph

"(vi) another person who is or was in a

relationship with the offender whether with the

intention of marriage or not;".

Article 203 of the Code shall be amended as follows

(a)

sub-article (1) thereof shall be amended as follows

(i) in the marginal note of sub-article (1) thereof

the word "minors" shall be substituted by the words

"persons under sixteen (16) years of age";

(ii) in the proviso thereof the words "in each of the

following cases" shall be substituted by the words "where

any one or more of the circumstances results";

(b) immediately after sub-article (1) thereof there shall

be added the following new sub-article

"(1A) When the act is consensual between peers who

are close in age and in the level of development and

provided that the acts do not involve physical and, or

psychological abuse, the punishment shall be decreased by

one or two degrees.";

(c)

sub-article (2) thereof shall be amended as follows

(i) in the marginal note thereof the word "197 (4)"

shall be substituted by the word "197(5)"; and

(ii) the word "197(4)" shall be substituted by the

word "197(5)"; and

(d) in sub-article (3) thereof the words "minors

involved" shall be substituted by the words "person under the

age of sixteen (16) involved".

In the proviso to article 203A of the Code the words "to article

203(1)." shall be substituted by the words "to article 203(1):" and

immediately thereafter there shall be added the following new proviso

"Provided further that when the act is consensual between

peers who are close in age and in the level of development and

provided that the acts do not involve physical and, or

psychological abuse, the punishment shall be decreased by one

or two degrees.".

Article 204 of the Code shall be amended as follows

(a) in the proviso to sub-article (1) thereof the words "in

each of the following cases" shall be substituted by the words "if

any one or more of the following circumstances results"; and

(b) in sub-article (2) thereof the word "197(4)" shall be

substituted by the word "197(5)".

In sub-article (2) of article 204A of the Code the words Amendment of

"increased by one degree, with or without solitary confinement, in article

the Code.

each of the following cases:" shall be substituted by the words

"increased by one or two degrees, with or without solitary

confinement, if any one or more of the following circumstances

results:".

In sub-article (2) of article 204B of the Code the words "in Amendment of

each of the following cases" shall be substituted by the words "if any article

the Code.

one or more of the following circumstances results".

Article 204C of the Code shall be amended as follows

Amendment of

article 204C of

the Code.

(a) in sub-article (2) thereof the words "in each of the

following cases" shall be substituted by the words "if any one or

more of the following circumstances results"; and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) When the act is consensual between peers who

are close in age and in the level of development and

provided that the acts do not involve physical and, or

psychological abuse, the punishment shall be decreased by

one or two degrees.".

In sub-article (2) of article 204D of the Code the words "in Amendment of

each of the following cases" shall be substituted by the words "if any article

the Code.

one or more of the following circumstances results".

In sub-article (1) of article 208A of the Code immediately Amendment of

after the words "indecent material" there shall be added the words article

the Code.

"involving or showing persons under age".

Article 208AA of the Code shall be amended as follows

Amendment of

article 208AA

of the Code.

(a)

sub-article (1) thereof shall be substituted by the

following new sub-article

(1) Whosoever being a person aged

eighteen (18) years or over who has met or

communicated with a person under the age of

sixteen (16) years on one or more occasions

intentionally meets or by any means proposes to

meet or arranges to meet the said person under the

age of sixteen (16) years, who he does not

reasonably believe to be over the age of sixteen

(16) years, intending to do anything to or in respect

of the said person under the age of sixteen (16)

years during or after the said meeting which if done

would involve the commission of any of the

offences in articles 204, 204A to 204D, both

included, or 208A, shall be liable on conviction to

the punishment of imprisonment not exceeding six

(6) years.";

(b) sub-article (2) thereof shall be amended as follows

(i) the words "in each of the following cases" shall

be substituted by the words "if any one or more of the

following circumstances results";

(ii) in paragraph (a) thereof the words "under age"

shall be substituted by the words "under the age of sixteen

(16) years"; and

(iii) in paragraph (d) thereof the words "person

under age" shall be substituted by the words "the person

under the age of sixteen (16) years".

Sub-article (2) of article 208AB of the Code shall be amended

(a) the words "in each of the following cases" shall be

substituted by the words "if any one or more of the following

circumstances results";

(b) in paragraph (a) thereof the words "under age" shall

be deleted; and

(c) in paragraph (d) thereof the words "over the person

under age" shall be substituted by the words "over the person".

Sub-article (1) of article 208AC of the Code shall be amended

(a)

the words "in each of the following cases" shall be

substituted by the words "where any one or more of the

following circumstances results"; and

(b) in paragraph (a) thereof the words "under age" shall

be deleted.

Article 208B of the Code shall be amended as follows

Amendment of

article 208B of

the Code.

(a) in the marginal note thereof immediately after the

word "articles" there shall be added the word "198,";

(b) in sub-article (1) thereof immediately after the word

"articles" there shall be added the word "198,"; and

(c) in sub-article (6) thereof the words "from the day on

which the victim attains the age of majority" shall be substituted

by the words "from the day on which the victim attains the age of

twenty-three (23) years".

Article 209A of the Code shall be deleted.

Deletion of

article 209A of

the Code.

Nothing in this Part shall be interpreted as reviving any period Transitory

of prescription which had lapsed at the time when this Act came into provision.

force.

PART II

Amendments to the Juvenile Court Act

This Part amends the Juvenile Court Act and it shall be read Amendments to

and construed as one with the Juvenile Court Act, hereinafter in this the

Court Act.

Part referred to as "the principal Act".

In article 2 of the principal Act, in the definition "child or Amendment of

young person", the words "sixteen years" shall be substituted by the article

principal Act.

words "eighteen (18) years".

Article 6 of the principal Act shall be amended as follows

Amendment of

article 6 of the

principal Act.

(a) in sub-article (1) thereof the words "has attained the

age of sixteen years" shall be substituted by the words "has

attained the age of eighteen (18) years";

(b) in sub-article (2) thereof the words "is under the age

of sixteen years" shall be substituted by the words "is under the

age of eighteen (18) years"; and

(c) sub-article (3) thereof shall be deleted and immediately

after sub-article (2) there shall be added the following new sub-

articles

(3) Notwithstanding the provisions of article 3 and

charged jointly of sub-articles (1) and (2), it shall be lawful to charge a

child or young person before a court other than the

person of age.

Juvenile Court when the child or young person is charged

jointly with another person who is not a child or young

person.

(4) Where a child or young person is charged before

a court other than the Juvenile Court jointly with any

other person not being a child or young person that court

shall notify the Juvenile Court of the charges and the

Juvenile Court shall, after granting an opportunity to the

parties to the case to make their submissions on whether

it should hear the case against the child or young person

separately or whether it should transfer its jurisdiction to

the court before which the charges were made in order to

allow that court to proceed with the hearing of the case,

decide whether to transfer its jurisdiction in respect of the

child or young person to the court before which the child

or young person stands so charged.

(5) Where the Juvenile Court decides that a transfer

of jurisdiction to the court before which the charges were

made should not take place, the court before which the

charges were made shall order the separation of the

proceedings against the child or young person from the

rest of the proceedings and it shall send the case against

the child or young person to be heard separately before

the Juvenile Court. In such a case the prosecution shall do

all that is necessary for that purpose.

(6) Where the Juvenile Court transfers or declines to

transfer its jurisdiction in terms of sub-article (4)

(a) no appeal shall lie from the decision to

transfer or to decline to transfer jurisdiction or from

any decision which implements any transfer so

ordered; and

(b) where the transfer of jurisdiction is

made the provisions of article 8 shall mutatis

mutandis apply to the court to which jurisdiction is

transferred in respect of the proceedings insofar as

they concern the child or young person as if any

reference in that article to the Juvenile Court where

a reference to the court to which jurisdiction was

transferred.".

In article 10 of the principal Act the words "No child or young Amendment of

person who is not accompanied" shall be substituted by the words "No article

principal Act.

person under the age of sixteen (16) years who is not accompanied"

and the words "any child or young person present in court" shall be

substituted by the words "any person under the age of sixteen (16)

years present in court".

Nothing in this Part shall affect the validity or the Transitory

continuation of any proceedings commenced before the coming into provision.

force of this Act in accordance with the Juvenile Court Act as in force Cap. 287.

at the time of the commencement of the said proceedings.

PART III

Amendment to the Animal Welfare Act

This Part amends the Animal Welfare Act and it shall be read Amendment to

and construed as one with the Animal Welfare Act, hereinafter in this the

Welfare Act.

Part referred to as "the principal Act".

Sub-article (2) of article 8 of the principal Act shall be Amendment of

article 8 of the

substituted by the following new sub-article

principal Act.

"(2) Animals shall not be caused any unnecessary pain,

suffering or distress or be subjected to activities which are not in

their nature. No animal shall be abandoned

Provided that for the purposes of this sub-article, the

words "activities which are not in their nature" include activities

of a sexual nature between a person and an animal whether by

any part of the body or by any object.".

PART IV

Amendment to the Health Act

This Part amends the Health Act and it shall be read and Amendment to

construed as one with the Health Act, hereinafter in this Part referred the

to as "the principal Act".

Immediately after sub-article (3) of article 27 of the principal Amendment of

article 27 of the

Act there shall be added the following new sub-article

principal Act.

"(4) In this article any reference to treatment shall be

deemed to include a reference to psychiatric treatment and to

counselling.".

Passed by the House of Representatives at Sitting No. 529 of the 7th

December, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.08