Aggravating circumstances
Article 9
In so far as the following circumstances do not already form part of the constituent elements of the offences referred to in Articles 3 to 7, Member States shall take the necessary measures to ensure that the following circumstances may, in accordance with the relevant provisions of national law, be regarded as aggravating circumstances, in relation to the relevant offences referred to in Articles 3 to 7:
1. the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;
2. the offence was committed by a member of the child’s family, a person cohabiting with the child or a person who has abused a recognised position of trust or authority;
3. the offence was committed by several persons acting together;
4. the offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime ;
5. the offender has previously been convicted of offences of the same nature;
6. the offender has deliberately or recklessly endangered the life of the child; or
7. the offence involved serious violence or caused serious harm to the child.
OJ L 300, 11.11.2008, p. 42.