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Ages of consent in Europe

Encyclopedia : A : AG : AGE : Ages of consent in Europe

The ages of consent for sexual activity vary by jurisdiction across Europe. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject.

Note: Unless specified otherwise, the law of the European nations below makes no distinction between heterosexual and homosexual sexual activities.

Contents

Andorra

The age of consent in Andorra is 16, as specified by Article 206, which reads: "Whoever, without violence or intimidation, has had a carnal relationship with a minor older than fourteen years and less than sixteen years will be punished by a maximum penalty of imprisonment of six years."

[Andorran Criminal Code]

Austria

The age of consent in Austria is 14, as specified by Sections 206 and 207.

[Austrian Criminal Code (in German)]

History

The Austrian Criminal Code previously specified an age of consent of 18 for homosexual sex where the other partner was between 14 and 18, while no equivalent provision existed for heterosexual sex. Formerly Section 209 of the Criminal Code. In November 1996 an amendment was put before the Austrian Parliament which would have removed Section 209, however the vote ended in a draw and the amendment failed to pass. In July 1998 a similar amendment was put forward, however this time it was voted down by the conservative majority.

On 2002-06-24 the Austrian Constitutional Court ruled that Section 209 was unconstitutional. It was later repealed on 2002-08-14. Further, on 2003-01-09 the European Court of Human Rights delivered its judgment in the case of L & V v Austria it held Section 209 to be in violation of Article 8 in conjunction with Article 14 of the European Convention on Human Rights, even though by this time it had been repealed.

Belgium

The age of consent in Belgium is 16, as specified by Article 372, which reads: "All indecent assaults on modesty committed without violence or threat, by a person or by aiding the person, of a child of either sex, aged less than sixteen, will be punished by imprisonment (of five years to ten years)."

[Belgian Criminal Code (in French)]

History

The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex. This provision - Article 372(2) - was repealed in 1985.

Bosnia-Herzegovina

The age of consent in Bosnia-Herzegovina is 14. This is not expressly stated in legislation however, Article 207 (Sexual Intercourse with a Child) reads "Whoever performs sexual intercourse or equivalent sexual act on a child, shall be punished by imprisonment for a term between one and eight years" and Article 2(8) reads "A child, as referred to in this Code, is a person who has not reached fourteen years of age".

Bulgaria

The age of consent in Bulgaria is 14, as specified by Article 149. However Article 151(2) has a provision for those who are over 13 and do" not understand the characteristic or the importance of the act."

[Bulgarian Criminal Code]

Croatia

The age of consent in Croatia is 14, as specified by the Croatian Criminal Code.

Cyprus

The age of consent in Cyprus is 17 for both heterosexual and homosexual acts. [Relavent sections on Interpol's website]

History

Until 1998, homosexual acts between men were entirely forbidden under Section 171 (1929). In 1989, Alecos Modinos, president of the Cypriot Gay Liberation Movement, brought a case to the European Court of Human Rights. In 1993, the Court held that the prohibition of homosexual acts was a violation of Article 8. In January 1995, the Cypriot Government introduced a Bill in the Cypriot Parliament which would have abolished the ban. Strong opposition from the Church meant the Bill stalled when referred to the Parliament's Legal Affairs Committee. The European Commission repeated its warning that Cyprus must follow the Court's ruling. In May 1997, again a government measure to repeal the ban failed because of the strength of the opposition. In April 1998, the Council of Europe set a deadline for compliance of 29 May 1998 and on 21 May 1998, the House of Representatives voted 36 to 8 in favour legalising homosexual acts. However it was set at 18 while heterosexual acts remained at 16.

In 2002, under strong pressure from the EU the Government finally ended the discriminatory provisions and changed the age of consent to 17 for both heterosexual and homosexual acts.

Czech Republic

The age of consent in the Czech Republic is 15, as specified by the Czech Penal Code, Section 242, which reads: "A person who has sexual intercourse with a child under fifteen (15) years of age or who sexually abuses such a person by other way shall be sentenced to imprisonment for at least one and at most eight years."

History

Until 1961, homosexual acts were illegal. The new Penal Code, introduced in that year, decriminalised homosexual acts but specified an age of consent for such acts of 18. In 1990, this, and other discrepancies, were removed and the age of consent was reduced to 15, in line with heterosexual acts.

Denmark

The age of consent in Denmark is 15, as specified by Section 222, which reads: "Any person who has sexual intercourse with any child under the age of fifteen shall be liable to imprisonment for any term not exceeding eight years."

[Danish Criminal Code (in Danish)]

History

Male homosexual acts were legalised in Denmark after a major reform of the Penal Code in 1930, however the age of consent remained higher for heterosexual acts. In 1976, the age of consent was equalised at 15 for all acts.

Estonia

The age of consent in Estonia is 14, as specified by Section 145 (Sexual intercourse with a child) which reads: "An adult person who engages in sexual intercourse with a person of less than 14 years of age shall be punished by up to 3 years’ imprisonment."

[Estonian Criminal Code]

History

Until 1992, male homosexual sex was illegal, the Estonian Penal Code, Article 118, forbidding "anal intercourse between men". In that year, the age of consent for male homosexual intercourse was fixed at 16, whereas the age for heterosexual intercourse was 14. The age of consent was not equalised until 2001 when the law was amended, specifying an age of 14 for sexual intercourse.

Finland

The age of consent in Finland is 16, as specified by Section 6(1) (Sexual abuse of a child) which reads: "A person who has sexual intercourse with a child younger than sixteen years of age ... shall be sentenced for sexual abuse of a child to imprisonment for at most four years."

[Finnish Penal Code]

History

Until 1971, homosexual acts were prohibited. After decriminalisation, the age of consent was set at 18 for homosexual acts, and 16 for heterosexual acts. In 1998, the age of consent was equalised to 16 for all sexual acts; although the Finnish Government had proposed an age of consent of 15, the Parliament chose an age of consent of 16 instead.

France

The age of consent in France is 15, as specified by Article 227-25, which reads: "The commission without violence, constraint, threat or surprise of a sexual offence by an adult on the person of a minor under fifteen years of age is punished by five years' imprisonment and a fine of €75,000."

[French Penal Code]

History

Male homosexual acts were illegal until 1791 when the ancient sodomy laws were dropped from the Criminal Code of that year. This continued to be the case under the Napoleonic Code of 1810. In 1942, an age of consent for homosexual acts was set at 21, as opposed to the heterosexual equivalent of 13. The latter was increased to 15 in 1945. In 1978, the age of consent for homosexual acts was lowered to 18, and later, in 1981, it was further lowered to 15, in line with heterosexual acts.

Germany

The age of consent in Germany is 16, with close in age exceptions for those between 14 and 15 inclusive having relations with those under 22. Specified by Sections 176 (Sexual abuse of children) and 182 (Sexual abuse of youths), which read:

§ 176: "(1) Whoever commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on himself by the child, shall be punished by imprisonment from six months to ten years"

§ 182: "(2) A person over twenty-one years of age who abuses a person under sixteen years of age, in that he: 1. commits sexual acts on the person or allows them to be committed on himself by the person; or 2. 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."

[German Criminal Code]

Greece

The age of consent in Greece is 15 as specified by Section 339(1), which reads: "One who commits an indecent act with a person under fifteen years of age, or causes this person to commit or undergo such an act through deception, is punished as follows: a) if the victim is under ten years of age, with at least ten years confinement. b) if the victim has completed ten years of age, but is under thirteen years of age, with confinement of up to ten years. c) if the victim has completed thirteen (13) years of age, with imprisonment."

History

Male homosexual acts were legalised in Greece in 1951. Until 1987 the age of consent was 16 for heterosexual and lesbian acts and 17 for homosexual acts.

Hungary

The age of consent in Hungary is 14 as specified by Section 201 (Seduction), which reads: "The person who has sexual intercourse with a person who has not yet completed his 14th year, as well as the person who has completed his 18th year and engages in fornication with a person who has not yet exceeded his 14th year of age, commits a felony and shall be punishable with imprisonment from 1 to 5 years."

[Hungarian Criminal Code (in Hungarian)]

History

Until 1961 homosexual acts were illegal. After decriminilisation the age of consent for homosexual acts was 20 and remained so until 1978. From then until 1999 the age of consent for such acts was 18, as specified by Section 199. In 2002 the Hungarian Constitutional Court repealed Section 199 and the age of consent for homosexual acts was lowered to 14 in line with heterosexual acts.

Iceland

The age of consent in Iceland is 14, as specified by Section 202, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 14 years shall be subject to imprisonment for up to 12 years.''"

[Icelandic Penal Code]

Ireland, Republic of

The age of consent in the Republic of Ireland is effectively 17. (Although acts which do not include "carnal knowledge" or acts between males may come under sexual assault which is set at 15 )

However part of the Statute dealing with heterosexual age of consent in Ireland (that relating to carnal knowledge of a girl under the age of fifteen years) was ruled unconstitutional by the Irish Supreme Court on 2006-05-24, on the grounds that there was no defence allowed on the basis of reasonable belief about the age of the girl, and so this section of the statute has ceased to have force. [Link to court decision]

On 2006-06-02 the government rushed emergency legislation, the Criminal Law (Sexual Offences) Bill 2006, through both houses of the Oireachtas. The legislation has been widely criticised as flawed, particularly in the way it discriminates against young boys who engage in underage sex. [link]

The

Criminal Law Amendment Act 1935: "Any person who unlawfully and carnally knows any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour." or attempts such an act

Criminal Law Sexual Offences Act 1993: "A person who commits or attempts to commit an act of buggery with a person under the age of 17 years (other than a person to whom he is married or to whom he believes with reasonable cause he is married) shall be guilty of an offence."

"A male person who commits or attempts to commit an act of gross indecency with another male person under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years."

Criminal Law (Sexual Offences) Bill 2006 as passed by both Houses: "Any person who engages in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment."

"''Any person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 5 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 10 years.''"

"A female child under the age of 17 years shall not be guilty of an offence under this Act by reason only of her engaging in an act of sexual intercourse."

Italy

Sexual acts are punishable when one of the parties is under 14, as specified by the Italian Penal Code, Article 609

[Italian Penal Code (in Italian)]

Latvia

The age of consent in Latvia is 14 if the other person is under 18, and 16 if the other person is 18 or over, as specified by the Latvian Criminal Law, Section 161 (Sexual Intercourse, Pederasty and Lesbianism with a Person who has not Attained the Age of Sixteen Years), which reads: "For a person who commits an act of sexual intercourse, or pederastic, lesbian or other unnatural sexual acts of gratification, with a person who has not attained the age of sixteen years and who is in financial or other dependence on the offender, or if such offence has been committed by a person who has attained the age of majority, the applicable sentence is deprivation of liberty for a term not exceeding four years."

[Latvian Criminal law]

History

Until 1992, male homosexual acts were illegal under Section 124.1 of the Latvian Criminal Code. This provision was repealed by the Latvian Parliament in 1992 and the age of consent for male homosexual acts was set at 18. In 1998, the Latvian Parliament adopted a new Criminal Code which contained a complex system of sexual offences: the age of consent for all sexual acts other than vaginal intercourse was 14; for vaginal intercourse it was 14 if the other person was under 18, and 16 if the other person was over 18. In 2001, the law was amended to clarify the situation and confirm that the age of consent was 14 (or 16 if the person was older than 18) for all acts.

Lithuania

The age of consent in Lithuania is 14, as specified by the Lithuanian Criminal Code §142.

[Lithuanian Criminal Code (in Lithuanian)]

History

Until 1993, male homosexual acts were prohibited under the Lithuanian Penal Code, Article 1221, which was repealed in that year. The new law set an age of consent of 18 for male oral and anal intercourse, 16 for other male homosexual acts, and 14 for lesbian and heterosexual acts. In 2004, the law was amended to equalise the age of consent at 14 for all sexual acts.

Luxembourg

The age of consent in Luxembourg is 16, as specified by the Luxembourgish Penal Code, Article 372, which reads: "All indecent assaults on modesty committed without violence or threat, by a person or by aiding the person, of a child of either sex, aged less than sixteen, will be punished by imprisonment of five to ten years".

[Luxembourgish Penal Code (in French)]

Netherlands

The age of consent in the Netherlands is 16, as specified by the Dutch Criminal Code, Articles 245 and 247, which read: (Art 245) "A person who, out of wedlock, with a person who has reached the age of twelve (12) but not yet sixteen (16), performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of the fifth category."; and (Art 247) "A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category."

[Dutch Criminal Code (in Dutch)]

Norway

The age of consent in Norway is 16, as specified by the Norwegian General Civil Code §196 which reads: "Any person who commits or is accessory to another person's committing an act of indecency with any person who is under 16 years of age shall be liable to imprisonment for a term not exceeding five years."

[Norwegian General Civil Code]

Poland

The age of consent in Poland is 15, as specified by the Polish Criminal Code, Article 200 §1, which reads: "Whoever subjects a minor under 15 years of age to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years."

[Polish Criminal Code (in Polish)]

History

Until 1932, homosexual acts were illegal, however in that year an age of consent of 15 was established for all sexual acts, be they hetero- or homosexual.

Portugal

The age of consent in Portugal varies depending on the acts performed; the age of consent is 14 for heterosexual acts, and 16 for homosexual acts, as specified by the Portuguese Criminal Code, Sections 172 and 175 respectively, the latter reading: "Whoever being of the age of majority, practices homosexual acts with minors of 14-16 years of age or incites other persons to such acts can be punished by imprisonment of up to 2 years or a fine."

History

Homosexual acts were legalised for the first time in Portugal in 1852, though they were recriminalised in 1912. They were decriminalised for the second time in 1945 and an age of consent was set at 16, as was the case with heterosexul acts. In 1995, a new Penal Code was introduced which lowered the age of consent for heterosexual acts to 14, but retained an age of consent of 16 for homosexual acts.

Romania

The age of consent in Romania is 15, as specified by the Romanian Criminal Code, Article 218 (Sexual intercourse with a minor), which reads: "Sexual intercourse, of any nature, with a person of the other sex or of the same sex, who has not reached the age of 15, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights."

However, if the sexual intercourse was determined by the perpetrator’s offering or giving the victim money or other benefits, directly or indirectly, the penalty shall be strict imprisonment from 3 to 12 years and the prohibition of certain rights.

If sexual intercourse was committed for the purpose of producing pornographic material, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights.

[Romanian Criminal Code]

Russia

The age of consent in Russia is set at 16. However, only a person over 18 can be charged. Charges are relatively low (up to 4 years of prison) this includes sexual acts (hetero– and homosexual) and "obscene actions" (with even less charges) – Articles 134 and 135 of [Penal Code (in Russian)] (IE only). It should be noted that if the victim is proved not to understand the nature and consequences of the act (due to their age or mental abilities), it will be considered rape and charged much more severely (up to 10 years of prison, or up to 15 if victim under 14) – Articles 131 and 132 of [Penal Code (in Russian)] (IE only).

Slovakia

The age of consent in Slovakia is 15, as specified by the Slovak Criminal Code, Section 201.

History

Until 1961, homosexual acts were prohibited, however the new Criminal Code of that year decriminalised such behaviour. However, under Paragraph 244, the age of consent for homosexual acts was set at 18, whereas it remained 15 for heterosexual acts. In 1990, the Penal Code was amended to treat hetero- and homosexual acts equally; Paragraph 244 was repealed and the age of consent became 15 for all.

Slovenia

The age of consent in Slovenia is 15, as specified by the Slovenian Penal Code, Article 183, Section 1, which reads: "''(1) Whoever has sexual intercourse or performs any lewd act with a person of the same or opposite sex under the age of fifteen (15) years where there is a marked discrepancy between the maturity of the perpetrator and that of the victim shall be sentenced to imprisonment for not less than six (6) months and not more than five (5) years. ''"

[Slovenian Penal Code]

History

Until 1959, male homosexual acts were prohibited, as was the case in all of former Yugoslavia. A new Penal Code was introduced in 1977 which decriminalised homosexual acts and all discriminatory provisions were removed. In 1995, the age of consent was set at 14 for all acts. In 1999, the code was amended to raise the age of consent to 15 years and added the condition for "''a marked discrepancy between the maturity of the perpetrator and that of the victim'".

Spain

The age of consent in Spain is 13, as specified by the Spanish Penal Code, Articles 181(2) and 183.

History

Homosexual acts have been legal in Spain since 1822 (with the exception of the offence of “habitual homosexual acts" in the years 1928-32). A new Criminal Code was introduced in 1995 which specified an age of consent of 12 under Article 181f for all sexual acts; and this was raised to 13 a few years later.

[Spanish Penal Code]

Sweden

The age of consent in Sweden is 15, as specified by the Swedish Penal Code, Chapter 6 (On Sexual Crimes). The age of fifteen is referred to several times, for example in Section 4, which reads: "A person who has sexual intercourse with a child under fifteen years of age or who with such a child carries out another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape of a child to imprisonment for at least two and at most six years."

[Swedish Criminal Code]

History

Until 1944, homosexual acts were prohibited - and had been since 1864 - until they were decriminalised in that year, but with a higher age of consent (18) than for heterosexual acts (15). The age of consent was equalised at 15 for all sexual acts in 1978 and has remained so since.

Switzerland

The age of consent in Switzerland is 16, as specified by the Swiss Federal Criminal Code, Article 187.

[Swiss Federal Criminal Code (in French, German and Italian)]

Ukraine

The age of consent in Ukraine is 16, as specified by the Ukrainian Criminal Code, Articles 155 and 156.

[Ukrainian Criminal Code]

United Kingdom (and its Crown dependancies)

England and Wales

The age of consent in England and Wales is 16, as specified by the Criminal Law Amendment Act 1885 (for heterosexual acts) and the Sexual Offences (Amendment) Act 2000, Section 1 (for homosexual acts).

[Criminal Law Amendment Act 1885] [Sexual Offences Act (Amendment) Act 2000]

History

The age of consent for heterosexual acts was set at 12 in 1275 and remained so for six centuries. A concern that young girls were being sold into brothels led Parliament to raise the age of consent to 13 in 1875 under the Offences Against the Person Act 1875. 10 years later, the Criminal Law Amendment Act 1885 further raised the age of consent to 16; and also criminalized male homosexual acts. It is common folklore that an amendment which would have criminalised lesbian acts was rejected by Queen Victoria who refused to believe that some women did such things. However, it is more likely that those presenting the amendment excluded it (as did the House of Lords 40 years later) on the assumption that it would "give women ideas".

Male homosexual acts were decriminalised under the Sexual Offences Act 1967, Section 1, however the age of consent for such acts was set at 21, whereas the age of consent for heterosexual acts was 16, however the legislation only applied in England and Wales.

In 1994, on the second reading of the Criminal Justice and Public Order Act 1994, the Conservative MP, Edwina Currie, introduced an amendment which would have lowered the age of consent for such acts to 16, in line with heterosexual acts, however the amendment was defeated by 308 votes to 280. A compromise amendment which lowered the age of consent to 18 was, however, accepted by 427 votes to 162. (Also during the readings were motions to equalise the age of consent to 17 for all, to reintroduce an age of consent for homosexual acts to 21, and a further attempt to lower the age of consent to 16. All of these were rejected.)

In 1997, the European Court of Human Rights case of Sutherland v the United Kingdom held that a higher age of consent for homosexuals than for heterosexuals was a breach of Article 8 of the Convention. In response, the Government introduced the Crime and Disorder Bill which contained a provision lowering the age of consent for homosexual acts to 16. Though accepted by the House of Commons, the provision was rejected by the House of Lords. The Sexual Offences (Amendment) Bill, introduced in 1998, contained a similar provision, but once again it was rejected by the House of Lords. The Bill was reintroduced in 2000 and, despite opposition from the House of Lords, was passed under the Parliament Act 1911 (which allows the House of Commons to overrule the House of Lords under certain circumstances). As the Scottish Parliament had been established prior to the reintroduction of the Bill, and the relevant legislation was a devolved issue, the consent of that Parliament under the Sewel Convention was required - had that consent not been granted, the Scottish provisions would have had to be removed and it would not have been possible to use the Parliament Act. The Sexual Offences (Amendment) Act 2000 thus equalised the age of consent at 16 for all sexual acts (including, for the first time, lesbian acts).

Scotland

The age of consent in Scotland is 16, as specified by the Criminal Law (Consolidation) (Scotland) Act 1995 (as amended).

Sections 7 and 8 provide for specific offences of procuring, abduction and unlawful detention, for which the ages of consent are 18 and 21.

[Criminal Law (Consolidation)(Scotland) Act 1995]

History

In Scotland most sexual offences are contained in the Criminal Law (Consolidation) (Scotland) Act 1995 , which replaced the Sexual Offences (Scotland) Act 1976. For heterosexual acts the age of consent is 16, with increased penalties for offences involving girls under 13.

Male homosexual acts were illegal in Scotland until 1980 when they were decriminalised by the Criminal Justice (Scotland) Act 1980, Section 80, which specified an age of consent of 21. The Criminal Law (Consolidation) (Scotland) Act 1995 Act lowered the age of consent of 18 and this was further lowered to 16 by the Sexual Offences (Amendment) Act 2000 described above.

Northern Ireland

The age of consent in Northern Ireland is 17, as specified by various statutes.

[Criminal Law Amendement Act 1885] [Criminal Law Amendment (Northern Ireland) Act 1923] [Sexual Offences (Amendment) Act 2000]

History

Male homosexual acts were illegal in Northern Ireland until 1982, when they were decriminalised by the Homosexual Offences (Northern Ireland) Order 1982, which specified an age of consent of 21. The change was a result of the judgment in the European Court of Human Rights case of Dudgeon v United Kingdom (1981) in which the ECHR held that a prohibition on homosexual acts was a breach of Article 8 of the Convention. The age of consent was lowered to 17 for male homosexual acts - putting the age of consent in line with heterosexual acts - by the Sexual Offences (Amendment) Act 2000, Section 1.

Jersey

The age of consent in the Bailiwick of Jersey is 16, as specified by an 1895 law (since amended).

Homosexual acts between men can be charged under the crime of sodomie (sodomy) if the participants are under the age of 18; or if the act is between more than 2 persons; or if performed in a lavatory open to the public (by payment or otherwise) .

Homosexual acts between men, performed aboard ships registered in Jersey and used for passage or freight, by any members of its crew may be charged under the same crime regardless of the participants' ages. .

[Sexual Offences (Jersey) Law 1990]

History and current devlopments

Until 1990, Jersey banned homosexual acts under the unamended act above. At that time the age of consent was set to 21 (in line with the rest of the UK at the time). In 1995 it was further amemded to the age of 18.

This year (2006), there is a bill being put though the States, which will lower the age again to 16, the same age as heterosexuals on the island. [link]

Further reading

 

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