SECTION 346 — Indecency to Child under Sixteen

(1)Whoever commits an indecent act in the presence of a child under the age of 16 (sixteen) shall be punished with imprisonment for from 2 (two) to 5 (five) years and with fine of from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred thousand). (2) The penalty shall be doubled where the offence is accompanied by assault or where the offender is one of the persons described in Section 298. (3) The penalty shall be imprisonment for from 10 (ten) to 15 (fifteen) years where the offender has sexual intercourse with the victim notwithstanding his or her consent. (4) In case of rape, the imprisonment shall be from fifteen to twenty-five years, or for life where the offender is one of the persons described by Section 298. (5) Upon conviction under this Section, the Court may deprive the offender of parental power and disqualify him from being guardian or curator of any minor for the time prescribed by Section 31 (4) of this Code.