Law Regarding Same-sex Sexual Activity
In September 2004 article 274 in the Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they have been engaged in "habitually" and thereby caused "public scandal".
The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained article 274. There are no reports that article 274 was ever applied. It was the only special provision on homosexuality in the San Marinese penal code.
The age of consent is equally set at 14 (Art. 173 CP; the same as in Italy). Additionally (unlike in Italy) it is an offence to "incite a minor under 18 years to sexual corruption" (Art. 177 CC). This law (as similar laws in various countries have been) could be a source for discriminatory enforcement in the case of homosexual relations.
Read more about this topic: LGBT Rights In San Marino
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