What is illegal and what does the law say?

Here, we have gathered the most important things from the penal code that you should be aware of about sex crimes.

Worth knowing

Some people get a suspended sentence with a so-called ‘treatment sentence’ instead of a prison sentence. That means that you’re sentenced to receive treatment for your thoughts, and you only go to jail if you do something criminal within a probationary period or you don’t comply with the agreements regarding the treatment.

Children under age 15 must not be involved in sexual situations

Sentencing guidelines: Breaking this law can result in a prison sentence of up to 8 years. If the child is under age 12, it can result in up to 12 years in prison.

§ 216(2) For rape, anyone who has intercourse with a child under age 12 is punishable by imprisonment for up to 12 years.

§ 222. Anyone who has sexual intercourse with a child under age 15 is punishable by imprisonment for up to 8 years, unless the matter is covered by § 216(2).

(2) If the perpetrator has obtained sexual intercourse by exercising his physical or mental superiority through the use of coercion or making threats, the punishment may increase to imprisonment for up to 12 years.

(3) In determining the penalty pursuant to (1), it must be included as an aggravating circumstance that the perpetrator has obtained sexual intercourse by exercising his physical or mental superiority.

§ 225. The provisions in §§ 216‒224 apply correspondingly with regard to sexual relations other than intercourse.

Young people aged 15–17 have the right to an active sexual life, but the law protects them from exploitation


Another young person or adult must not:
1) Exploit their age and experience to persuade a person under age 18 to do something sexual
2) Contribute to the prostitution of young people under age 18
3) Have sexual relations with young people under age 18 for whom they have an educational responsibility (e.g. teacher, childcare professional, coach, or the like).

Sentencing guidelines: four years prison.

§ 223. Any person who has sexual intercourse with a person under age 18 who is the guilty party’s stepchild or foster child, or who has been entrusted to him for instruction or education, shall be liable to imprisonment for any term not exceeding four years. (2) The same penalty shall apply to any person, by gravely abusing superior age or experience, induces any person under age 18 to sexual intercourse.

§ 225. The provisions in §§ 216‒224 shall similarly apply in connection with sexual relations other than sexual intercourse.

It is illegal to look at pictures and watch films of sexual activities and assaults featuring individuals under age 18 Such material is defined in the Danish Penal Code as child pornography. Couples where one or both are under age 18 are welcome to share intimate photos of each other if they both consent. But pictures of the person under age 18 become illegal if they are shared with others (e.g. on the internet).

Sentencing guidelines: Watching 'child pornography' on your computer can be punished with one year in prison. If you share such material, the sentencing guideline is two years (6 years under aggravated circumstances). If you participate in the production of the material, you can face up to 12 years in prison.

§ 226. Any person who records obscene photographs, films, or similar of a person under age 18 with the intention to sell or otherwise disseminate the material shall be liable to a fine or imprisonment for any term not exceeding six years.

It is illegal to violate the modesty of persons under age 15. You are violating a child’s modesty if you involve him/her in situations involving flashing, sexual contact, conversations with gross sexual content, or if you are keeping an eye on the child for sexual reasons.

Sentencing guideline: Fine or imprisonment for up to 4 years.

§ 232. (Indecent exposure, groping, invasion of privacy, verbal obscenity)

It is illegal to have a sexual relationship with a family member. This applies both to biological and adaptive kinship (i.e. 'stepfamily' or 'bonus family'). It also applies to siblings.

§ 210. Intercourse or other sexual relations with a relative in the descending line. Adoption relationships are equated with biological kinship. Sexual intercourse or sexual relations other than intercourse between siblings.