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The Code determines in various
canons what is meant by a minor and an adult. This varies according to
the matter at hand, e.g., the reception of baptism, consent for
marriage. Concerning an offense against the sixth commandment by a
cleric with a minor, in c. 1395, §2 the 1983 Code determined
this by stating "with a minor below the age of sixteen years"
(cum minore infra aetatem sedecim annorum). This same age was
specified in the 1917 Code: "cum minoribus infra aetatem
sexdecim annorum" (c. 2359, §2). Sixteen years of age means
the day after a person’s birthday unless the individual was born at
midnight (see cc. 202-203).
Effective April 25, 1994, a derogation
for the United States from the Code of Canon Law concerning
offenses against the sixth commandment committed by a cleric with a
minor was granted for a period of five years: "With regard to canon
1395, §2, 2_: this norm is to be applied to delicts committed with any
minor as defined in canon 97, §1, and not only with a minor under
sixteen years of age." This derogation was given a ten year
extension to take effect on April 26, 1999.
The Congregation for the Doctrine of
the Faith in its letter Ad exsequendam ecclesiasticam legem of
May 18, 2001, implementing the apostolic letter motu proprio Sacramentorum
sanctitatis tutela, of April 30, 2001 promulgating the norms on the
more serious offenses reserved to the Congregation for the Doctrine of
the Faith modified this norm and raised for the universal Church the age
of the minor to eighteen: "Delictum contra mores, videlicet:
delictum contra sextum Decalogi praeceptum cum minore infra aetatem
duodeviginti annorum a clerico commissum" (A delict against
morals, namely: the delict committed by a cleric against the sixth
commandment of the Decalogue with a minor below the age of eighteen
years).
Since neither the special 1994
derogation for the United States nor Ad exsequendam ecclesiasticam
legem is retroactive, only those acts are considered to be an
offense as set forth by c. 1395, §2 if the minor had completed his/her
sixteen year prior to April 25, 1994. The age of eighteen applies to
those delicts committed after that date.
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