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Home Other

Threat to publish nude images is a criminal offence

30. September 2019
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Reading Time: 1 min read
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paragraphenzeichen stgb buch 03

The OLG Hamm has decided that it would constitute a sexual coercion within the meaning of Section 177 of the German Criminal Code (StGB) if a minor were threatened with the publication of nude images on Facebook in order to in turn encourage them to engage in sexual acts.

The accused threatened to post photos that had previously been exchanged via Whatsapp on Facebook and hang them at her school.

In the judgment, the OLG Hamm annulled the landgerichtjudgment, which had previously ruled that the purely threat had not yet taken the steps to the experimental stage. The OLG, as an appellate court, took a different view, since the BGH would consider it sufficient for the trial to begin if it had already been implemented as a feature of the legal fact. This was to be done by the threat in the form of the act of coercion, Paragraph 177(2) No. 5 StGB) was the case, since sexual self-determination as a protective asset of The then still minor schoolgirl was also directly endangered by the threat. The fact that the defendant was not even at home with the minor at the time of the threat was irrelevant to the OLG.

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
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    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
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    • DLT and Blockchain consulting
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