1. A penalty of imprisonment for a period of not less than six (6) months shall be imposed on any person who: a. Has attained eighteen (18) years of age and engages in sexual intercourse with a female who has attained eighteen (18) years of age with her consent. The same penalty shall be imposed on the female who consented thereto. b. Has attained eighteen (18) years of age and engages in sexual conduct with a person of the same sex who has attained eighteen (18) years of age with mutual consent. 2. Any person who has attained eighteen (18) years of age and has sexual intercourse with a female, or engages in a sexual conduct with a male or a female who has not attained eighteen (18) years of age with mutual consent, shall be punished by imprisonment for a period of not less than ten (10) years and a fine of not less than one hundred thousand (100,000) dirhams. 3. Consent under Clause (2) of this Article shall only be recognized where the person has attained sixteen (16) years of age. 4. The provisions of the law governing juvenile delinquents and those exposed to delinquency shall apply to: a. Any person who has not attained eighteen (18) years of age and, with his consent, engages in sexual intercourse or sexual conduct. b. Any female who has not attained eighteen (18) years of age and, with her consent, engages in sexual intercourse or sexual conduct. 5. No criminal action shall be instituted in respect of the crimes referred to in Clause (1), paragraphs (a) and (b), of this Article except upon a complaint submitted by the spouse or guardian. The spouse or guardian may waive the complaint, and such waiver shall result in the lapse of the criminal action or the suspension of execution of the penalty, as the case may be.
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