Article 1. The Criminal Code of Georgia ("saqartvelos sakanonmdeblo macne"1) No. 41(48), 1999) shall be amended as follows:

2. Paragraphs 2 and 3 of Article 143 shall be drafted as follows:

"2. The same act committed:
a) Repeatedly
b) With coercion, blackmail or deceit
c) Against two or more minors
d) With taking abroad of the aggravated party
e) By violence dangerous to life or health or the threat of such violence
f) By abusing an official power;
g) Knowingly against the person in grave condition or a person materially or otherwise dependant upon the perpetrator
Shall be punished by the deprivation of liberty for the period from twelve to seventeen years.

3. Acts envisaged by paragraph 1 and 2 of this article:
a) Committed by the organized group
b) Which resulted in deprivation of life of the minor or other grave consequence.

Shall be punished by the deprivation of liberty for the period from fifteen years to life imprisonment."

Article 53 – Principles of sentencing

3. When imposing a sentence, the court shall take into consideration circumstances that mitigate or aggravate the liability of the of fender , in particular , the motive and goal of the crime, the unlawful intent demonstrated in the act, the character and degree of the breach of obligations, the modus operandi and unlawful consequence of the act, prior history of the of fender , personal and financial circumstances, and conduct of the of fender after the of fence, in particular , the of fender ’ s desire to indemnify the damage and reconcile with the victim.

4. If mitigating or aggravating circumstances are considered as a component of corpus delicti under an article or part of an article of the Special Part of this Code, the same circumstances shall not be taken into account when imposing a sentence.

Article 53^1 – Aggravating factors for punishment

1. Commission of crime on the basis of race, skin colour , language, sex, sexual orientation, gender , gender identity , age, religion, political or other views, disability , citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes.

2. Commission of crime by one family member against another family member , against a helpless person, a minor or in his/her presence, with the extreme cruelty , with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes.

3. When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code.

4. If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence.