Article 28 — Sexual Offences Against Persons

Any national who performs a sexual act on or with another person without that person’s consent commits an offence.

For the purposes of this Article and Article 29, consent means freely given, informed, specific, and revocable agreement. In particular:

1. The absence of physical resistance does not constitute consent.
2. Consent cannot be given by a person who is unconscious, asleep, intoxicated to the point of incapacity, or under coercion.

Any national who distributes intimate images of a sexual nature depicting another person without the depicted person’s consent commits an offence (non-consensual distribution of intimate images).

Any national who compels a person to engage in sexual acts or to produce sexual material through threats, coercion, or abuse of power commits the offence of sexual extortion.

An offence under this Article is classified as a grave offence.

A person convicted of an offence under this Article is liable to the following sanctions, in accordance with Article 10:

1. A fine of not less than $50,000 and not exceeding $500,000.
2. Public censure.
3. Exclusion from State services.
4. Forfeiture of all materials connected with the offence.

A conviction under this Article constitutes a conviction for “violence” or “exploitation” within the meaning of Article 13(4)(d) of the Civil Code and bars the convicted person from appointment as guardian.