Age of Consent in Poland: Criminal Liability Explained

The age of consent in Poland is 15. Sexual intercourse or another sexual act involving a person below the age of 15 may constitute a criminal offence under Article 200 §1 of the Polish Criminal Code, regardless of whether the younger person appeared willing to participate.

This rule is often described as the Polish age of consent law. Its practical application requires attention to the exact age of the younger person, the nature of the conduct, the relationship between the parties, and the offender’s awareness of the victim’s age. A person under 18 is generally a minor under Polish law, but Article 200 concerns a narrower group – persons below 15 years old.

Article 200 Poland: sexual contact with a person below 15

Article 200 §1 of the Criminal Code provides that a person who has sexual intercourse with a minor below 15 years of age, commits another sexual act against such a person, or causes that person to submit to or perform such an act, is liable to imprisonment from 2 to 12 years.[1]

The provision covers more than intercourse. The statutory phrase “another sexual act” may include sexual touching and other conduct of a sexual nature. Whether specific behaviour meets this threshold depends on the facts, including the conduct itself, its context and its sexual character.

The offence is committed when the younger person is still below 15. Once a person reaches their 15th birthday, Article 200 §1 no longer applies solely because of age. This does not mean that every sexual relationship involving a 15-, 16- or 17-year-old is lawful. Other criminal provisions may still apply.

Age of consent in Poland: the three presumed exceptions that do not apply

Polish law does not provide a general “Romeo and Juliet” exemption in Article 200 §1. Three situations are frequently, but incorrectly, treated as exceptions to criminal liability:

1. Mutual consent or a close age gap. A person below 15 cannot legally consent for the purpose of Article 200 §1. A consensual relationship, an emotional bond or a small age difference does not automatically exclude criminal liability.
2. Parental approval. A parent or legal guardian cannot authorise sexual conduct that falls within Article 200 §1. Family consent has no effect on criminal liability.
3. A relationship, engagement or marriage. Being in a relationship does not remove the protection provided by Article 200. In any event, Polish family law does not permit marriage by a person below 18 years of age, except that the guardianship court may authorise marriage of a woman who has reached 16 years of age for important reasons, and then only to a man who has also reached 18 years of age.[2]

These points are particularly relevant in cases involving teenagers, social media contact and relationships known to families. Informal acceptance of a relationship does not alter the statutory protection of a person below 15.

Sexual contact with minors aged 15 to 17

For persons aged 15 to 17, the legal assessment is more fact-specific. Sexual activity is not automatically an offence solely because one person is under 18. However, criminal liability may arise where there is no consent, where consent is obtained through prohibited conduct, or where the adult exploits a position of power.

Article 197 of the Criminal Code criminalises sexual intercourse and other sexual acts committed without the other person’s consent. Lack of physical resistance does not by itself establish consent. The assessment concerns the whole factual situation, including communication, pressure, fear, intoxication and the ability to make a free decision.[1]

Other relevant provisions may include Article 198, concerning the exploitation of helplessness or mental impairment, and Article 199, concerning abuse of a relationship of dependency, a critical situation, trust or the provision of benefits. Such risks may arise, for example, in relationships involving teachers, coaches, employers, carers or persons responsible for accommodation or financial support.

Grooming, online communication and sexual content involving children

Criminal exposure can arise before any physical meeting takes place. Article 200a of the Criminal Code concerns grooming of a person below 15, including certain online conduct aimed at arranging a meeting or inducing the child to engage in sexual activity or create pornographic material.[1]

Article 202 also contains offences related to pornography involving minors and making pornographic content available to a person below 15. Companies operating online platforms, schools, sports organisations and care institutions should have clear safeguarding, reporting and evidence-preservation procedures where such allegations arise.

Does a mistake about age exclude liability?

Article 200 is an intentional offence. A genuine and legally relevant mistake about the younger person’s age may affect criminal liability under Article 28 §1 of the Criminal Code. This is not an automatic defence.

Investigators and courts assess whether the alleged mistake was credible in the circumstances. Relevant evidence may include messages, social media profiles, school-related information, statements made during contact, the setting of the meeting and the conduct of both parties. Reliance on an unsupported declaration of age may not be sufficient.

Practical steps when an allegation is made

Allegations concerning a minor sexual contact crime require an immediate and disciplined response. The first steps should focus on securing communication records, identifying relevant dates and avoiding any direct contact that could be interpreted as pressure on the alleged victim or witnesses.

In criminal proceedings, the precise age of the younger person on the relevant date, the alleged acts, digital evidence and the procedural status of the suspect are central issues. Early legal assessment can also be important where authorities secure phones, computers or online accounts.

This is informational material, not legal advice. The legal assessment depends on the individual facts and on the provisions in force at the time of the alleged conduct.

Kopeć & Zaborowski (KKZ) lawyers assist in criminal matters involving allegations of sexual offences, including cases involving minors and digital evidence. To discuss possible steps or obtain an initial assessment of the situation, contact the criminal defence team.

FAQ – Age of Consent in Poland

What is the age of consent in Poland?

The age of consent in Poland is 15. Article 200 §1 of the Criminal Code protects persons below 15 from sexual intercourse and other sexual acts.

Is sex with a 14-year-old legal in Poland if both people agree?

No. Consent does not exclude liability under Article 200 §1 where the younger person is below 15.

Does Poland have a Romeo and Juliet law?

No general close-in-age exemption applies under Article 200 §1. A small age difference does not automatically prevent criminal liability.

Is sex with a 16-year-old always legal in Poland?

No. Article 200 §1 does not apply solely because of age after the 15th birthday, but Articles 197, 198 or 199 may apply depending on consent, coercion, dependency or exploitation.

Can a parent consent to a sexual relationship involving a child below 15?

No. Parental consent cannot legalise conduct prohibited by Article 200 §1 of the Criminal Code.

Can online sexual messages to a child be a crime in Poland?

Yes. Depending on the content and purpose, online conduct may fall within grooming provisions in Article 200a or pornography-related offences under Article 202 of the Criminal Code.

Bibliography

1. Act of 6 June 1997 – Criminal Code, consolidated text: Journal of Laws of 2025, item 383, in particular Articles 9, 28, 197, 198, 199, 200, 200a and 202.
2. Act of 25 February 1964 – Family and Guardianship Code, consolidated text: Journal of Laws of 2023, item 2809, Article 10.