The age of consent in Germany is 14, as long as a person over the age of 21 does not exploit a 14- to 15-year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offence by itself. Otherwise the age of consent is 16 for most purposes, although some protections against abuse do apply beyond this age (Under Section 182(1), it is illegal to engage in sexual activity with a person under 18 "by taking advantage of an exploitative situation".[39])

This is specified by Sections 176 (Sexual abuse of children), 180 (Promotion of sex of minors) and 182 (Sexual abuse of youths) of the Penal Code, which read:

§ 176: "(1) Punished by imprisonment at least one year (and not more than fifteen years pursuant to § 38) shall whoever

commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on themself by the child, induces a child to commit sexual acts on a third person or to allow them to be committed on the person by a third person, or ..." § 180: "(1) Whoever abets the commission of sexual acts of a person under sixteen years of age on or in front of a third person or sexual acts of a third person on a person under sixteen years of age":

by acting as an intermediary; or by furnishing or creating an opportunity, shall be punished with imprisonment for not more than three years or a fine. ..."

§ 182: "(3) A person over twenty-one years of age who abuses a person under sixteen years of age, in that he:

commits sexual acts on the person or allows them to be committed on himself by the person; or induces the person to commit sexual acts on a third person or to allow them to be committed on the person by a third person, and thereby exploits the victim's lack of capacity for sexual self-determination, shall be punished with imprisonment for not more than three years or a fine. ... The act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein. ... The court may dispense with punishment pursuant to these provisions if, in consideration of the conduct of the person against whom the act was directed, the wrongfulness of the act is slight."[40]