article 200
Article
200 from the Penal Code, in force since November 14, 1996
(when
it was published in the "Romanian Official Gazette”, part I, no. 289)
1. Same sex relations taking place in public or resulting in public scandal shall be punished by one to five years’ imprisonment.
2. The adult's engaging in having sex with an under-aged of the same sex shall be punished by 2 to 7 years' imprisonment and interdiction of several rights.
3. Same-sex relations with a person who cannot defend him/herself or express his/her will, or accomplished under compulsion, shall be punished by 3 to 10 years' imprisonment, and interdiction of several rights.
4. Should either of the deeds described in in paragraphs 2 and 3 result in serious damage of the victim's corporal integrity or health, the punishment is 5 to 15 years' imprisonment and interdiction of several rights. Should either of the deeds described in paragraphs 2 and 3 result in the victim's death or suicide, the punishment is 15 to 25 years' imprisonment and interdiction of several rights.
5. Inciting or encouraging a person a person to the practice of the same sex relations, as well as propaganda, association or other act of proselytising with the same scope shall be punished by one to five years’ imprisonment.
Article 152
The
deed committed in public - The deed shall be considered to be committed
“in public” when it occurs:
a)
in a place that, by its nature or destination, is always accessible to
the public, even though no person is there;
b)
in any other place that is accessible to the public, if two or more persons
are there;
c)
in a place that is not accessible to the public, if there is the intention
that the deed be heard or seen, and this happens to two or more persons;
d)
in a meeting or reunion that gathers more people, except from the family
reunions, due to the relations among the attending persons;
e)
by any means that made the doer realize the deed might be brought to the
knowledge of the public.
The
penal legislation does not provide any definition for the term "public
scandal".