§ 235 StGB
§ 235 StGB reads (highlighting in the legal text by IntactiWiki):
Criminal Code (StGB)
§ 235 Deprivation of minors
(1) A person is punished with imprisonment of up to five years or with a fine who
- has used violence, threats with a sensitive evil or cunning against a person under the age of eighteen
- or a child without being a relative,
to withdraw or withhold a person from the parents, a parent, the guardian or the child carer.
(2) Likewise, anyone who withdraws a child from the parents, one of the parents, the guardian or the carer
- in order to take it abroad,
- or withholds a child abroad after it has been brought there or has gone there,
is also punished.
(3) In the cases of Paragraph 1 No. 2 and Paragraph 2 No. 1, the attempt is punishable.
(4) A prison sentence of one year to ten years is to be recognized if the offender
- puts the victim in danger of death or serious damage to health or considerable damage to the physical or mental development or
- if the offense commits the offense for remuneration or with intent to enrich yourself or a third party.
(5) If the perpetrator causes the victim's death by the act, the penalty is imprisonment for no less than three years.
(6) In less serious cases of paragraph 4, imprisonment of six months to five years is to be recognized, in less serious cases of paragraph 5, imprisonment of one year to ten years.
(7) In the cases of paragraphs 1 to 3, the deprivation of minors will only be prosecuted upon request, unless the prosecuting authority considers ex officio intervention to be necessary due to the special public interest in prosecution.
Non-binding comment from IntactiWiki:
- This paragraph is useful if children of relatives other than their parents are to be taken abroad in order to undergo a HGM there outside of the German legal area. When parents themselves use the so-called Circumcision tourism to have their children genitally mutilated abroad, the legislature seems to have lowered the hurdles.