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Homosexuality, Sodomy Legislation/Cases/References
1.

National

The criminal law in Niger regarding consensual sex between same-sex couples would appear to be unclear [R1.1].

ILGA reports [R1.1] that consensual sex between same-sex couples is not illegal as such, however whilst specific mention of homosexuality and/or sodomy is not referred to in the Penal Code of Niger 2006 there are criminal sanctions for:

Chapter VIII. Sexual offenses

SECTION I. - Outrage public decency

Art. 275: It is an outrage to public decency any material act contrary to morality committed in such a way that has been sighted or could be provided by third party whom he might offend the modesty.

Art. 276: Any person who has committed an outrage to public decency shall be punished with imprisonment between three months to three years and a fine of 10,000 to 100,000 francs.

SECTION II. - Indecent assault

Art. 277: It is an indecent assault lewd acts carried out directly on a person of one sex or the other.

Art. 278: Any indecent assault consummated or attempted without violence against a child of either sex under the age of thirteen years, shall be punished with imprisonment from two to ten years and a fine of 20,000 to 200,000 francs.

Art. 279: Will be liable to the penalties mentioned in the previous article indecent assault committed by any ascendant on the person of a minor aged thirteen to twenty-one years, not emancipated by marriage.

Art. 280: Anyone who committed an attack, consumed or attempted with violence, against individuals of one sex or the other, shall be punished with imprisonment from two to ten years and a fine of 20,000 to 200,000 francs.

If the assault was committed on a child under the age of thirteen years imprisonment will be ten to twenty years.

Art. 281: In all the cases provided for under this section, may be guilty, in accordance with Article 25, deprived of all or part of the rights mentioned in Article 21.

The prohibition of residence may also be imposed against the guilty.

SECTION IIa. - Sexual Harassment (Law No. 2003_25, 13 June 2003).

Art. 281.1: the act of harassing another person using orders, threats or coercion for the purpose of obtaining sexual favors is punishable by imprisonment of three to six months and a fine of 10,000 to 100,000 francs.

If the harassment is done by a person abusing the authority conferred upon it by its functions, the imprisonment of three months to one year and fines of 20,000 to 20,000 francs.

SECTION III. - Shameless acts with children of the same sex

Art. 282: Anyone who committed a lewd act against nature or with a person's sex, child of twenty-one year, shall be punished with imprisonment from six months to three years and a fine of 10,000 to 100,000 francs [R1.2].

(translated from the French via Google translate)

2.

Courts & Tribunals

On 19 August 2015, it was reported that presiding magistrate Hon Abdulrahaman Idris in the Minna Court sentenced Malam Kabir of Tawa State in Niger Republic and Shehu of Texaco Road, Maitumbi, Minna to six months jail after they pleaded guilty of attempting an unnatural act of gross indecency contrary to section 95 and 285 of the penal code [R2.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
R1.2 JuriNiger: Code Penal 2006 01 JAN 06
R2.1 DailyTrust: Nigerien bags 6 months imprisonment for homosexual act 19 AUG 15

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