Seduction. What is the punishment for molesting minors? Corruption of minors article of the uk

Russian Criminal Code Article 134. Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen

1. Sexual intercourse with a person who has not reached the age of sixteen, committed by a person who has reached the age of eighteen, -

(see text in previous edition)

shall be punishable by compulsory labor for a term of up to four hundred and eighty hours, or restraint of liberty for a term of up to four years, or forced labor for a term of up to four years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. Sodomy or lesbianism with a person under the age of sixteen, committed by a person who has reached the age of eighteen, -

(see text in previous edition)

shall be punished by compulsory labor for a term of up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to six years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to ten years, or without one.

3. The deeds provided for by the first or second part of this article, committed with a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by deprivation of liberty for a term of three to ten years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

shall be punishable by deprivation of liberty for a term of twelve to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

6. The deeds provided for by part three of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by deprivation of liberty for a term of fifteen to twenty years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.

Under the concept of "seduction of minors" fall actions against the sexual inviolability of children.

The seduction of minors is a criminal offense. The younger the victim, the longer the term of imprisonment for the perpetrator can be. The reclassification of some actions into others and the severity of the punishment often depend on the prosecutor and the lawyer.

Seduction of minors

There is no such wording in the law. This is what the townsfolk say about sexual actions that were applied to minors - these are teenagers under 14 years old.

According to the Russian Criminal Code, children under the age of 16 fall under the concept of “sexual integrity”. This is due to the fact that the child during this period of his life is not yet sufficiently developed psychologically and physiologically, and the use of such actions against him can adversely affect the health of a teenager.

Sexual contact with children under the age of 16 is prohibited by law in Russia.

Child abuse - article

Any actions of a sexual nature with a minor is an encroachment on his normal psychosexual development and sexual integrity.

It is believed that the child does not yet have sufficient social experience and cannot fully assess sexual relations correctly. In addition, because of the experience, he may form a distorted idea of ​​\u200b\u200bsexuality.

in Art. 134 of the Criminal Code of the Russian Federation refers to sexual intercourse and other sexual acts committed with a citizen who is under 16 years old, namely, the qualification of such acts and punishment;

Art. 135 of the Criminal Code of the Russian Federation fits the concept of "indecent acts".

Note!

If a teenager insists that the actions were performed with his consent, his words will not have legal force.

Article No. 135

Criminal actions are considered to be conscious actions that are aimed at awakening sexual feelings, sexual interest in a minor under 16 years of age. The culprit is considered to be a person over 18 years of age.

Abuse can include:

manipulations with the genitals of the victim and/or the accused;

sexual touch;

distribution of sexual literature among juveniles, conversations with them on these topics;

sexual intercourse with another person in the presence of a minor;

displaying photos, video and/or audio materials of a sexual nature.

Even sexual activities without sexual intercourse and without the use of violence are illegal.

Article No. 134

Here is the corpus delicti, which is the sexual intercourse of an adult citizen with a teenager under 16 years of age. It does not matter on whose initiative this happened. In any case, the defendant will be an adult citizen.

How much do you get for child molestation?

Crime under Art. 135 of the Criminal Code of the Russian Federation is punishable by imprisonment for 3 years. But the judge can issue a verdict, according to which the offender will not be imprisoned, but he will have to work 440 hours or do forced labor for 5 years.

If there was a voluntary sexual intercourse (Article 134 of the Criminal Code of the Russian Federation), then the accused may be imprisoned for up to 4 years or sentenced to forced labor for 480 hours. For sexual intercourse of same-sex partners give up to 5 years.

For group actions and for recidivism, they can be imprisoned for up to 15 years.

The younger the victim, the more severe the punishment.

Often, experienced prosecutors seek to reclassify the act so that the punishment is more severe. Therefore, the final verdict largely depends on the work of a lawyer. An experienced lawyer correctly qualifies the crime, finds mitigating factors or, on the contrary, achieves the most severe measure of responsibility for the guilty person.

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Article for seducing minors

The Criminal Code contains 2 norms, on the basis of which responsibility for the corruption of minors is established:

• the first rule is article 134 for sexual intercourse and any acts of a sexual nature that were committed with a child under 16 years of age;
• Article 135 refers to the second norm, which refers to indecent acts against minors.

In order to be prosecuted under these rules, a number of conditions must be met:

• the sexual victim is not sexually mature. This is determined by a medical examination;
• the age of the victim is at least 16 years;
• the perpetrator is an adult.

All the crimes that are characterized under Articles 134 and 135 of the Criminal Code of the Russian Federation are classified as intentional, that is, the perpetrator was aware of the age of the victim, but at the same time deliberately made sexual contact with him.

An exception can only be in the case when the offender did not know how old the child was. Such situations occur if the appearance of the child gives the right to doubt that he is under 16.

Article 134 of the Criminal Code of the Russian Federation: composition and punishment

Sexual contacts with young victims that were committed voluntarily fall under the rules. If there was rape, that is, violent acts of a sexual nature, in this situation the crime will be qualified under articles 131 and 132 of the Criminal Code.

An adult offender for a consensual sexual relationship with a child under 16 can be punished with up to 4 years in prison. There are alternative penalties. These include mandatory work within 480 hours. And also he is deprived of the right to occupy certain types of positions and engage in certain types of activities.

If the crime was directed against a child of the same sex as the offender, the term of deprivation will be up to 5 years.

Composition and punishment under Article 135 of the Criminal Code of the Russian Federation

Actions of a sexual nature, but without sexual intercourse subsequently, will be considered under Article 135 of the Criminal Code of the Russian Federation and qualify as indecent acts. The punishment is imposed in the form of imprisonment for up to three years, but there may be an alternative option - 5 years of forced labor or 440 hours of compulsory labor.

Serious punishment threatens the offender if his victim was from 12 to 14 years old. In this case, the terms of punishment are increased to 8 years. If depraved acts were directed against several children, then you can be deprived of liberty for a period of 8 to 12 years.

If a group crime is committed, the punishment can be from 7 to 15 years. Pedophiles who have been detained several times already and have been tried for such actions face up to 15 years in prison.

Watch the video. What can children do but not adults?

Until what age is a child considered a minor?

In the Russian Federation, the age of majority is 18 years. From that moment on, the child is an adult and will be subject to the normal rules of law.

But the Criminal Code defines other age limits when considering articles on sexual relations with minors.

Important! According to the criminal code, the age limits are considered as follows:

• a child is considered a minor, a minor if he has not reached 12 years of age. In this case, he is provided with the maximum protection and, therefore, the punishment for violation of sexual integrity will be maximum;
• a person is considered a minor under the Criminal Code between the ages of 12 and 16. In this case, any sexual activity with him is prohibited even if the potential partner of a minor age has consented to contact;
• age from 16 to 18 years is also considered a minor, but sexual contacts with the consent of partners are not prosecuted by law.

But in this case, it is important that the minor was sane.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Features of the crime

Objective signs of child abuse include:

• positions of a sexual nature;
• dissemination of literature that contains information of a sexual nature;
• bodily touch;
• words, phrases that will incline to sexual intercourse.

To qualify a crime as molestation of minors, the perpetrator must be over 16 years of age. But if corruption has occurred, the age limits increase. In this case, the perpetrator may be at least 18 years old.

At the same time, it is important that the offender had a direct intent to commit these actions. There will be no corpus delicti if he did not realize that he was having sexual contact with a person under 16 years of age.

Complied conditions

Acts of a sexual nature towards minors are dealt with by the Criminal Code in Articles 134 and 135.

Please note! In all cases, bringing to criminal responsibility must be accompanied by compliance with the following conditions:

• the victim must be no more than 16 years old;
• the perpetrator is an adult and understands that he is in contact with a minor;
• conducting a forensic medical examination, which will establish that the victim does not have puberty.

It is important that the perpetrator had the intent to commit such acts. He has knowledge as to how old the injured party is, and he understands the consequences.

The only exception is the fact if the externally injured party is physically developed, and it can hardly be called a minor.

It is important to note that in this category of cases, a forensic psychiatric examination of the victim is mandatory. This is necessary first of all to understand whether he gave an account of his actions.

Only after clarifying the nuances is an indictment issued under the articles of the Criminal Code.

The rights and constitutional freedoms of children in the Russian Federation are strictly protected by law. It is believed that a child, until reaching the age of majority, fully or partially does not give an account of his actions and decisions. Everyone can take advantage of the gullibility and lack of control of teenagers. Illegal acts against children are fraught with severe punishment. The article for the seduction of minors provides for the most serious responsibility.

The term "seduction of minors" is found only in colloquial speech - not a single norm of the Criminal Code contains it, however, despite this, several articles at once regulate liability for such a crime. For citizens who committed indecent acts with minors or had sexual contacts with persons under 16 years of age, punishment is provided - imprisonment from 4 to 15 years.

Who is considered a minor

In accordance with the law, a person who has reached the age of 18 is considered an adult in Russia. It is from this moment that a citizen is recognized as an adult from a legal point of view. However, when a child reaches the age of 14 and 16, he has certain responsibilities, the right to vote and the opportunity to express his opinion regarding specific actions. The Criminal Code provides for different liability for acts against persons under the age of majority. This depends on whether the victim belongs to one of the following age groups:

• children under 12 years old - a child at this age is considered a minor, and sexual contacts with him are punished most severely;
• adolescents from 12 to 16 years old - minors, sexual relations with which, even if they themselves express consent, are prohibited, and seduction of persons of this age category will entail criminal liability;
• citizens from 16 to 18 years of age - sexual contacts with this group of persons by mutual agreement are not prosecuted by law, but in exceptional cases, illegal actions will entail punishment under the article of the Criminal Code.

The nature of indecent acts committed against persons under the age of majority may be physical or intellectual. In the first case, it is understood that a person has physical contact with a child, touches his or his genitals, demonstrates them, and at the same time the minor does not resist, otherwise the punishment for the crime will be charged under the article for rape.

Seduction of minors Article 134 of the Criminal Code of the Russian Federation was created to prohibit, under threat of punishment, sexual intercourse, an act of sodomy or lesbianism committed with a boy or girl who has not reached the age of 16.

To qualify a criminal act means to identify all the necessary fragments (signs, elements) of the composition of a criminal offense in the actions or inaction of a person that took place and reasonably correlate them with a specific article of the Criminal Code of the Russian Federation included in the special part.

Article 134 (like all the others) of the Criminal Code of the Russian Federation describes the composition of criminal offenses, including:

1. Object - what is harmed or can be harmed.
2. The objective side is a set of specific actions, objects with the help of which the act is performed, as well as the consequences.
3. The subjective side - how the offender relates to the committed or ongoing offense.
4. The subject is a natural person who has committed or is committing a criminal act.

The qualification process is widespread and is used by both lawyers and ordinary people who, to one degree or another, come into contact with criminal law.

What is harmed and who is affected?

According to the comments to the Criminal Code of the Russian Federation, the object of the crime is the health and sexual inviolability of a person; physical and moral development and education of minors.

Victims (victims) of such criminal encroachments, within the meaning of Article 134 of the Criminal Law of Russia, are only minors, the so-called minors, and minors. The definition of the categories "juvenile" and "minor" of the Criminal Code of the Russian Federation does not give, thereby referring to other legislative acts (Civil Code of the Russian Federation, Code of Civil Procedure of the Russian Federation, Code of Administrative Offenses of the Russian Federation and others).

Although the article in question quite clearly indicates the age limits of protected persons:

• a boy or girl in the age range from 14 to 16 years;
• boy or girl between the ages of 12 and 14.

Important: adolescents who have been harmed must objectively assess and correctly perceive what is happening to them.

In addition, it is necessary for them to express their good will (consent) to enter into an intimate relationship, or it is they who show initiative for this kind of closeness. If, in fact, the situation is different, the actions of the accused (accused) should be regarded as sexual violence against a helpless person in an appropriate way and qualified under a more serious article.

The composition of this criminally punishable perversion is among the formal ones. This means that for the recognition of a criminal offense as completed, the consequences (pregnancy, sexually transmitted disease, etc.) are completely optional.

The delict is considered to have taken place simultaneously with the beginning of the actions listed in the disposition of the article:

1. Sexual intercourse (intercourse).
2. An act of sodomy.
3. act of lesbianism.

These terms do not belong to the legal category. Their definition belongs to the competence of medical science - sexology.

Sexual intercourse is physical intimacy between people of different sexes, accompanied by the introduction of a male genital organ into the vagina and suggesting the likelihood of procreation (pregnancy).

Sodomy is physical intimacy between male homosexuals, accompanied by the introduction of the male genital organ of the active partner into the rectum of the passive.

Lesbianism is physical intimacy between female homosexuals, accompanied by the satisfaction of sexual needs through physical contact with the partner's genitals.

The Criminal Code of the Russian Federation in the latest edition of the type and absence of any coercion (violent actions, threats, etc.) is a mandatory component of the construction of the objective side of the criminal offense under Art. 134 of the criminal law of Russia. If a judge or investigator establishes another act, then it is subject to qualification as a more serious one.

If, due to circumstances beyond the control of the attacker (someone placed, was physically unable to have sexual intercourse, etc.), the crime did not take place, an attempt takes place.

As preparation, the deliberate creation of an environment or the necessary conditions for pedophilia is regarded. For example, an attacker, via the Internet or in another way, makes an appointment with the victim, but he does not come for any reason.

The article for pedophilia provides for the possibility of committing a criminal act only with direct intent.

This form of guilt implies:

• full awareness of the illegality and punishability of the act committed;
• foreseeing the inevitability of causing harm to the interests of the child;
• desire to commit a prohibited act.

Important: the materials of the criminal case must contain sufficient evidence that the offender had information about the age of the child or knowingly assumed that he (she) was under the age of sixteen.

The motivation that prompted the crime does not really matter. As a rule, such subjects are driven by the need to satisfy perverted sexual desires.

Who is committing the crime?

Persons subject to liability for perversions of the type in question are adult sane men and women.

Important: reaching the age of majority at the time of the tort is an essential condition. Unless otherwise specified, sexual contact between minors is not criminal. Alcohol or drug intoxication at the time of the offense does not affect the qualification.

The legislator has provided for circumstances in which the "degree" of public danger of prohibited actions increases significantly:

1. Sexual intimacy with a minor - a boy or girl in the age spectrum from 12 to 14 years.
2. Seduction of two or more victims.
3. Committing a crime by a group.
4. A relapse in relation to a boy (girl) aged 12 to 14 years is an intimate relationship between a minor and a person convicted of a criminal tort of a similar nature.

Persons who break the law in the above cases face a much more severe measure of state coercion (punishment).

Punishment for pedophilia

The article for seducing minors and minors (its sanction) includes a fairly wide range of possible types of punishments - both associated with isolation from society, and less severe.

For clarity, we differentiate them depending on the term of imprisonment indicated in the article for each type of pedophilia:

• up to 4 years - sexual intercourse (intercourse);
• up to 6 years - a single case of sodomy or lesbianism;
• from 3 to 10 years - sexual intimacy with a boy or girl aged 12 to 14;
• from 8 to 15 years - sexual contact with two or more victims;
• from 12 to 20 years - committing a crime by a group;
• from 15 to 20 years or life imprisonment - a relapse against the injured boy (girl) aged 12 to 14 years.

Determining the amount of punishment, the legislator was guided by the degree of public danger of each specific type of pedophilia and the personality of the offender: the greater the harm caused by the crime, the more severe the punishment.

Conditions for release from punishment or its mitigation

In certain cases, the law provides an opportunity to avoid punishment (not to be confused with "avoid responsibility"), and also allows for its appointment, not related to isolation from society and referral to a correctional institution.

A person who has seduced a minor may be released from punishment if the following necessary conditions are met:

1. Sexual intercourse (intercourse) with the victim (victim) in the age range from 14 to 16 years took place for the first time.
2. The person who broke the law and the victim (victim) were married.

In practice, the courts are aware of many cases when, during the investigation or trial, the victim (victim) reached the age required by law and married the person who seduced them. It is obvious that in this case the personality of the offender and the damage caused to the public interest lose their former danger. This is the reason for the introduction of such a form of active repentance into the article.

When considering criminal cases on non-violent sexual contacts with minors, courts are also required to exclude the possibility of applying a punishment associated with sending to a correctional institution in the following cases:

• sexual intercourse with the victim (victim) in the age range from 14 to 16 years took place for the first time;
• the age difference between the victim (victim) and the person who has broken the law does not exceed four years.

It is probably expedient to apply in this case a punishment less severe than imprisonment, the legislator connects with the traditionally negative views on sexual intimacy established in society between partners with a large age difference.