Cyber ​​grooming

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The term cyber grooming (in German parlance internet initiation ) describes the targeted action on people on the Internet with the aim of initiating sexual contacts. It can therefore also be a special form of sexual harassment on the Internet. Usually, however, contact is made with the specific intention of initiating sexual abuse online (chat, photos, videos, sexting , blackmailing e.g. from pornographic video recordings) or offline in real meetings. While the term in English can refer to both adult and minor victims, in German it has been naturalized as referring to minor (children and adolescents) victims.

Initially, unsuspecting trust is built in order to then commit crimes such as making child pornography recordings or sexual abuse against them. The English word grooming ( grooming, grooming , preparing ') refers to the fact that the potential victims are flattered by some perpetrators and / or gifts are given in order to gain trust. As with the distribution and possession of child pornography, underage suspects are increasingly appearing in cyber grooming.

Legal position

Germany

In Germany, cyber grooming has been banned for people under the age of 14 since April 1, 2004. For this purpose, the then new Section 176 Paragraph 4 No. 3 ( Criminal Code (StGB) ) was created:

“(4) A prison sentence of three months to five years is punished for anyone who [...]
3. acts on a child through writings (Section 11, Paragraph 3) in order to induce sexual acts that he or she did on or before Perpetrator or a third party or have the perpetrator or a third party perpetrated against him [...]. "

- Lexetius: § 176 StGB (legal text of November 4, 2008)

As a reaction to the Edathy affair , the 49th law amending the Criminal Code on January 26, 2015 ( Federal Law Gazette I p. 10 ) tightened the sex criminal law , this also affected Section 176 StGB. Paragraph 4 No. 3 has been expanded and a No. 4 has been added:

“(4) Anyone who [...]
3. acts on a child by means of writings (Section 11 Paragraph 3) or by means of information and communication technology in order to
  a) induce the child to engage in sexual acts is punished with imprisonment of three months to five years bring it to or in front of the perpetrator or a third person or have it carried out by the perpetrator or a third person, or
  b) to commit an act pursuant to Section 184b (1) number 3 or pursuant to Section 184b (3), or
4. acts on a child by showing pornographic images or representations, by playing sound carriers with pornographic content, by making pornographic content accessible by means of information and communication technology or by appropriate speeches. "

- Federal Ministry of Justice: § 176 StGB

In some cases, Section 176 (4) No. 4 of the Criminal Code, stating that a child is exposed to pornographic media, is recorded as cyber grooming if this is done via the Internet and with the perpetrator's sexual motivation. This view is also supported by the fact that the police crime statistics collectively recorded under the crime code 131,400 § 176 Abs. 4 Nr. 3 und 4 StGB, from 2009 to 2018 900 to 2,400 suspected cases per year with 600 to 1,600 suspects per year.

Even if cyber grooming is sometimes discussed in the media as a “protection gap”, there is still a legal handle. However, it is undisputed that the completion of the offense is often difficult to prove. Therefore there was a further amendment to the law:

“... (6) The attempt is punishable; ... In the case of acts in accordance with paragraph 4 number 3, the attempt is only punishable in those cases in which the completion of the act fails solely because the perpetrator erroneously assumes that his influence relates to a child. "

- Section 176 StGB as amended by law of March 3, 2020 ( Federal Law Gazette I p. 431

The introduction of such a trial criminality was criticized, especially against the background of the fact that criminal liability was shifted far forward and that there was no violation of legal interests.

The criminal offense can also be fulfilled with people who already know each other and already meet regularly, and even if the digital communication only appears to take place with the child, in fact with their parents.

Austria

In Austria, the mere act of grooming was not a criminal offense until 2012. This changed with the 2011 amendment to the Penal Act, which came into force on January 1, 2012 and which prohibits the “initiation of sexual contact with minors” (persons under 14 years of age).

The newly created § 208a StGB reads:

"(1) Any person an infant committing person with the intention of it a criminal offense under §§ 201 to 207a para. 1 1,
   the first by way of telecommunications, using a computer system or
   second in any other way under Fraud about his intention,
proposing a personal meeting or arranging such a meeting with her and taking a concrete preparatory act to hold the personal meeting with this person, is punishable by imprisonment of up to two years.
(2) According to Paragraph 1, anyone who voluntarily and before the authority (Section 151 Paragraph 3) has learned of his fault, abandons his project and reveals his fault to the authority shall not be punished. "

- Federal Law Gazette I No. 130/2011 : Penal Law Amendment 2011
  1. ↑ The offenses mentioned are rape , sexual coercion , (serious) sexual abuse and the production of pornographic representations .

EU guidelines

In the EU Directive 2011/93 / EU, which came into force on December 17, 2011, attempts to "contact children for sexual purposes" (also in real life) are made a criminal offense in the member states of the European Union . While Austria implemented this part of the directive in 2012, Germany did not comply with it until 2015. Neither country made the attempt a criminal offense, although this is required in the EU directive.

See also

  • Cybersex , collective term for various forms of virtual eroticism, sexual interaction and pornography
  • Stalking , persecuting, or harassing a person

Web links

Individual evidence

  1. ↑ Thomas-Gabriel Rüdiger: Cybergrooming in Virtual Worlds - Opportunities for Sex Offenders? (PDF) In: German Police. February 2012, p. 29 , accessed March 14, 2014 .
  2. ↑ Malte Arnsperger: Cyber ​​Grooming in Chat: Dangerous approaches on the Internet. Stern , December 13, 2008, accessed June 10, 2013 .
  3. ^ A response by FORTH / ICS. (PDF; 46 kB) European Commission , August 12, 2008, accessed on June 10, 2013 (page 4).
  4. ↑ Federal Criminal Police Office: Stop the spread of child pornography! October 28, 2019, accessed May 23, 2020 .
  5. ↑ Süddeutsche Zeitung: On victims searching the Internet. Retrieved May 23, 2020 .
  6. ↑ Andrea Zschocher: Cybergrooming: Online danger for our children. Retrieved May 23, 2020 .
  7. ↑ Federal Law Gazette 2003 Part 1 No. 67. (PDF; 7.6 MB) In: Landtag NRW . Bundesanzeiger Verlagsgesellschaft mbH , December 30, 2003, accessed on June 10, 2013 (page 3008, paragraph 13 and page 3011, article 9).
  8. ↑ Bundestag tightens the law against child pornography and abuse. Heise online , November 14, 2014, accessed on February 1, 2015 .
  9. ↑ Zeit Online: Sexual assaults on the Internet: Prohibited and still everyday life. May 22, 2020, accessed May 23, 2020 .
  10. ↑ Thomas-Gabriel Rüdiger: The online-based initiation of the sexual abuse of a child . Verlag für Policewissenschaft, Frankfurt 2020, ISBN 978-3-86676-593-1 , pp. 282 ff .
  11. ↑ Federal Criminal Police Office: Police crime statistics 2020, table 05, crime code 131,400 § 176 Abs. 4 Nr. 3 und 4 StGB. March 24, 2020, accessed May 23, 2020 .
  12. ↑ Dietmar Hipp: RTL 2 show "Tatort Internet": misdirection as a program. Spiegel Online , October 30, 2010, accessed June 10, 2013 .
  13. ^ German Lawyers Association: Statement by the German Lawyers Association by the Criminal Law Committee on the draft bill for a law amending the Criminal Code - attempted criminality of cybergrooming. May 2019, accessed May 23, 2020 .
  14. ↑ Jenny Lederer: Controversial bill on cybergrooming. LTO, accessed May 23, 2020 .
  15. ↑ Thomas Fischer, DER SPIEGEL: Cybergrooming commentary: Bill for criminal liability of the attempt - DER SPIEGEL - Panorama. Retrieved May 23, 2020 .
  16. ↑ [1]
  17. ↑ OLG Hamm 4 20 RV 20144/15
  18. ↑ Directive 2011/93 / EU , accessed on June 10, 2013 (Article 6)