Sexchatting refers to the exchange of sexually explicit messages between adults and minors. Since July 1, 2024, exchanging such messages with children under the age of 16 has been criminalized, as well as with youths aged 16 and 17 in a vulnerable position. This criminality was instituted under the new Sexual Offenses Act, which aims to improve the protection of children and youth from online sexual abuse.
The purpose of this law is to prevent adults from approaching children and adolescents with sexually oriented communications, even if there is no direct attempt to arrange an encounter. This makes it easier for the police and judiciary to intervene in cases of sex estimation.
What is an example of sex estimation?
Example: Imagine a 35-year-old adult sending sexually explicit messages to a 14-year-old child through a social media app. The adult asks for pictures and tries to encourage the child to have sexual conversations. Under the new law, this act is punishable regardless of whether the adult actually wants to meet the child. This helps protect children from online sexual abuse and urges a tougher approach to such transgressive behavior.
The law also increases penalties for sexual crimes against children, increases penalties for child pornography, and criminalizes sexual harassment in public. These measures make it clear that sexually transgressive behavior is unacceptable and set a social standard.
What does the law article say regarding sex estimation?
Article 251 Sr deals with the punishability of sexually inappropriate conduct toward children under 16 years of age. The article criminalizes three forms of sexual solicitation:
- Sexchat (subsection a): Intrusive oral or written solicitation of children for sexual purposes, both online and offline.
- Sexual corrupting (subsection b): Showing sexual acts or images to children, placing the child as a witness.
- Grooming (section c): Proposing an encounter for sexual purposes to a child and taking steps to make that encounter a reality.
The penalty for these crimes can be up to two years in prison or a large fine. The law allows for punishment even if the offender pretends to be a child, without the child actually being involved.
An important point in this article is the criminal exclusion ground in the second paragraph, which applies when the situation is equivalent between peers. This means that if young people of similar age in an equivalent situation approach themselves sexually, this is not punishable, provided the behavior is not harmful. This nuance ensures that not every sexual interaction between young people is automatically punishable, but does emphasize the protection of younger children from harmful sexual approaches.
Law article related to sex estimation
Article 251 Sr reads:
- One who is a child under the age of sixteen years or a person pretending to be a child under the age of sixteen years:
- a.makes intrusive oral or written sexual advances in a manner deemed harmful to children under the age of sixteen;
- b.causes an act or visual representation of a sexual nature or of an unmistakably sexual nature to be witnessed in a manner deemed harmful to children under the age of sixteen; or
- c.proposes an encounter for sexual purposes and takes any action toward accomplishing that encounter,
- Punishable with imprisonment of not more than one year and six months or a fine of the fourth category is the person who commits the conduct referred to in the first paragraph with respect to a child between the ages of sixteen and eighteen years or a person posing as such under the conditions set forth in article 245, first paragraph, described circumstances.
- Not punishable is the person who, as a peer, commits the conduct referred to in the first paragraph, opening words and point c, in the context of an equivalent situation between that person and that child, insofar as that child has reached at least the age of twelve years.
Are you suspected of "sex estimation"?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of sex assault.
Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Read here more about what different sex offenses there are.
