What penalty applies under the basic composition of Article 138?
An act of a sexual nature committed with violence, threat of violence or by using the victim's helplessness is punished by imprisonment from four to six years, with or without restriction of firearm-related rights. With aggravating features the penalty rises to six to nine years, eleven to fifteen years, and fifteen to twenty years.
When does conduct become a crime under this article?
Three conditions are required: the act is of a sexual nature and does not contain the signs of the graver crime under another provision of the Code; it was committed with violence, threat of violence or by exploiting helplessness; and the accused committed it intentionally.
What happens if the victim is a minor?
Commission knowingly against a minor moves the case to the third level — imprisonment from eleven to fifteen years — as does the use of a relationship of trust or influence. Commission knowingly against a person under fourteen years of age creates the harshest composition — from fifteen to twenty years.
Can mitigating circumstances be applied?
Article 138 itself does not describe mitigating features — the court applies the general rules of the Code at sentencing, and the circle of mitigating circumstances is defined by separate provisions. This question is worked out with a lawyer on the concrete case.
Why is a lawyer critical in these cases?
Because the penalty range is from four to twenty years, and the boundaries between levels — the fact of violence, helplessness, prior knowledge of age, cruelty — are established only through evidence. Experienced defence verifies these features on the documents, and this directly affects the outcome.
