Seduction. Term for seducing minors Seduced children

Seduction of minors article134 of the Criminal Code formulates a little differently - "sexual intercourse with a person under 16 years of age." Another norm of the Criminal Code - Article 135 (indecent acts) falls under the same category. Despite the fact that both articles do not involve the perpetrator committing violence against the victim, the sanctions for them are more than serious - imprisonment reaches 15 years. What is the seduction of minors and how it threatens the offender - read in this article.

Seduction of minors (youngsters) - what does it mean

The concept of "seduction of a minor", as well as the article "seduction of a minor", is not in any Russian legal act. It is, rather, a philistine designation of sexual acts committed in relation to a child.

The current legislation, including criminal law, calls a citizen a minor until he reaches the age of 14, but sexual inviolability, in accordance with the Criminal Code of the Russian Federation, remains until 16 years old - it is until this time that the child, by virtue of his physiological features unable to fully perform sexual functions.

Therefore, any sexual contacts, even those that do not involve violence and sexual intercourse, with a person under the age of 16 are prohibited in Russia at the level of the Criminal Code.

Article for seducing minors

The Criminal Code of the Russian Federation contains 2 norms providing for liability specifically for the corruption of minors:

• article 134 - sexual intercourse and other sexual acts committed with a child under 16 years of age;
• article 135 - indecent acts.

In both cases, in order to bring to criminal responsibility, the simultaneous presence of a number of conditions is necessary:

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• the age of majority of the offender;
• the victim's lack of puberty (determined by the production of a forensic medical examination);
• The age of the victim is less than 16 years.

Important: the crimes provided for by articles 134 and 135 of the Criminal Code of the Russian Federation are classified as intentional, that is, the perpetrator must be aware of the age of the victim and deliberately make sexual contact with him. The exception is when the perpetrator does not know exactly how old the child is, but appearance The latter gives no reason to doubt that it is clearly less than 16.

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

Sexual contacts with a minor committed on a voluntary basis fall under the rule. IN otherwise the situation qualifies under articles 131 of the Criminal Code of the Russian Federation - rape or, if we are talking on sodomy or lesbianism, 132 of the Criminal Code of the Russian Federation - violent acts of a sexual nature.

For voluntary sexual intercourse with a child under 16, an adult partner faces up to 4 years in prison. Alternatively, other penalties are provided, such as 480 hours of compulsory work.

A slightly stricter sanction for those who chose a child of the same sex to commit a crime - the term of imprisonment in this case is increased to 5 years.

Article 135 of the Criminal Code of the Russian Federation: composition and punishment

Any sexual acts with a minor that did not lead to sexual intercourse are qualified under article 135 of the Criminal Code of the Russian Federation - indecent acts. The term of imprisonment for such a crime reaches 3 years, but there is a chance to get off with 5 years of forced labor or 440 hours of compulsory labor.

If the age of the victim is in the range of 12 to 14 years, the perpetrator faces a more severe punishment - from 3 to 8 years in prison; for depraved acts against more than one child, you can go to jail for a period of 8 to 12 years, and for a group crime - from 7 to 15. Repeated pedophiles are punished more severely, that is, those who have already been convicted for such actions, - from 10 to 15 years in prison.

Criminal Code: Responsibility for the corruption of minors

Rights and constitutional freedoms of children in Russian Federation 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 consent are not prosecuted by law, but in exceptional cases illegal actions will result in penalties under 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.

The intellectual form of seduction of minors is manifested in the demonstration of pornographic materials: films, magazines, objects in the form of genitals. Also here can be attributed conversations on the topic of sex, which are cynical in nature. The committed crime should be reported to law enforcement agencies and require punishment for the offender to the fullest extent of the law.

Responsibility for corruption and corruption

The seduction of children who have not reached the age of majority and puberty is qualified as a criminally punishable act. The Criminal Code of the Russian Federation contains two articles (Articles 134 and 135), revealing the concept of such a crime and the procedure for bringing to responsibility.

Article 134 establishes punishment for copulation with a minor or a minor under the age of 16, and article 135 provides for liability for depraved acts with children.

Punish the offender who violated the sexual integrity of minors, and It is possible to achieve imprisonment for him under a number of conditions:

• according to the conclusion of the forensic medical examination, the victim has not reached puberty;
• the violator is an adult citizen;
• the age of the victim - within the limits established by law.

Each case related to the molestation of persons under the age of majority requires personal consideration and careful approach.

The court is called upon to take into account all qualifying signs and mitigating circumstances, objectively assess the degree of damage to the victim, consider the evidence and arguments of the parties.

Arbitrage practice testifies that it will not be possible to avoid punishment for seducing a child under the age of 16 under any circumstances.

Article 134 of the Criminal Code of the Russian Federation

When a crime is qualified under this article, the perpetrators are punished with imprisonment for 4 years, if copulation with a teenager took place with his consent.

Moreover, it must be proven in court that the victim was sane at the time the crime was committed. Alternatively, a sentence of up to 480 hours of compulsory labor may be imposed.

If the victim of seduction is of the same sex as the perpetrator, this is recognized as an aggravating factor. In this case, imprisonment for up to 5 years is provided.

Article 135 of the Criminal Code of the Russian Federation

The case will be considered under this article if the offender's actions did not end in sexual intercourse. For depraved behavior, they can be imprisoned for 3 years, but more often the guilty person is sentenced to 5 years of forced labor or 440 hours of compulsory labor.

Source: http://SovetYuristov.ru/otvetstvennost/statya-sovrashhenie-maloletnih.html

Child molestation: Punishment for child molestation

Violation of the sexual inviolability of a child is a serious crime, for the commission of which liability is provided up to imprisonment. The article for seducing minors delimits the penalties based on an assessment of the circumstances and consequences of the crime.

The current legislation establishes a clear "age of consent" - 16 years, before which any actions by adults that can be assessed as sexually directed, or sexual contact with a person who has not reached puberty, are prohibited.

The absence of violent actions is not regarded as a mitigating factor.

Given that children may not be fully aware of the consequences of their actions, the abuse of a minor is a crime, regardless of whether it was committed with the consent or against his will.

Russian laws, protecting the interests of minors, prohibit sexual contact with a boy or girl who is not yet 16 years old, as well as any other actions that may be regarded as harassment or immoral acts.

Adult seduction of minors is punished especially severely if it occurs in relation to children of younger or middle age. school age. This applies not only to sexual intercourse, but also to the seduction of minors - formally voluntary actions, the content of which the child cannot be fully aware of due to emotional immaturity.

Since the commission of immoral acts against children under the age of majority is difficult to classify, the legislation provides for additional conditions that make it possible to regard the corruption of minors as a crime. These include the following.

• Seduction occurs by an adult citizen in relation to a person who is under 16 years old.
• The abuse is intentional.
• The perpetrator is aware that the persecuted person is under 16 years old.
• Sexual contacts between an adult and a minor occur by consent (otherwise the crime should be considered as rape).
• Seduction is considered perfect, regardless of whether the offender has achieved the result he expected.

Sexual acts against the sexual integrity of children can be of two types.

• Physical abuse of minors - the molester has physical contact with the victim, performing sexual acts with his own body or with the body of a child.
• Intellectual seduction - an adult shows a minor a pornographic video or photograph, initiates conversations on obscene topics.

In the legislation, there are two articles of the Criminal Code of the Russian Federation, which determine the punishment for sexual intercourse or seduction of persons who have not reached the age of majority. These include Art. 134 of the Criminal Code of the Russian Federation (sexual intercourse with a minor) and Art.

135 of the Criminal Code of the Russian Federation (article for seducing minors).

In accordance with them, different kinds punishments: imprisonment in a colony of general regime, a ban on the profession, correctional or community service.

Based on the circumstances of the commission of sexual intercourse or depraved acts against persons under the age of majority, measures that do not involve imprisonment can be applied to the offender.

In particular, if there was a voluntary relationship between persons with a slight age difference (no more than 4 years), then an adult citizen is not punished in the form of serving a term in a correctional colony.

A mitigating measure is also used if a person who has had sexual intercourse with a minor subsequently entered into an official marriage with him. In such cases, the accused is released from criminal prosecution, but only on the condition that he was not previously seen in depraved acts against persons under the age of majority.

Composition of Article 134 of the Criminal Code of the Russian Federation

The provisions of Article 134 of the Criminal Code of the Russian Federation provide for the following types of punishment for sexual intercourse with minors.

• Sexual contact between a citizen over 18 years of age and a person under 16 years of age - deprivation (restriction) of liberty up to 4 years, or corrective labor up to 480 hours.
• Homosexual or lesbian contact with a minor - correctional labor up to 5 years or imprisonment up to 6 years.
• Sexual contact with a person aged 12 to 14 years (other or same sex) - imprisonment from 3 to 10 years.
• The above actions in relation to a group of children - imprisonment from 6 to 15 years.
• The above-mentioned actions committed by a group of persons - imprisonment from 12 to 20 years.

The law prohibits persons released from places of deprivation of liberty under Article 134 of the Criminal Code of the Russian Federation from engaging in professional activities related to the education of children (teachers, coaches, tutors, etc.) for up to 10 or 15 years.

In cases where there was sexual contact between a person over 18 years old and a person under 12 years old, in the legislation such actions are regarded as rape of a minor, which falls under clause 4 of article 131 of the Criminal Code of the Russian Federation. The punishment for such a crime is imprisonment for a term of 15 to 20 years.

Punishment under Article 135 of the Criminal Code of the Russian Federation

Responsibility for the seduction of persons under the age of 16 is determined by the court, taking into account the nature and circumstances of the crime.

A vague definition of the severity of such an act significantly complicates the task of the court to qualify the type of punishment for the molester.

As a rule, when considering a case, the judge takes into account not only the actions of the seducer, but also the consequences that they had for the psychological state of the child.

According to Article 135 of the Criminal Code of the Russian Federation, a measure of responsibility for seduction can be imposed in the form of imprisonment or restriction of liberty for up to 3 years or community service for up to 440 hours. However, if the age of the victim of the molester did not exceed 14 years, seduction is punishable only by imprisonment for a term of 3 to 8 years.

The seduction of two or more minors is punished even more severely. For such a crime, imprisonment from 5 to 12 years is provided.

For the seduction of a child by a group of persons, imprisonment in a correctional colony for a period of 7 to 15 years is provided. If the offender has previously been held accountable for similar acts, he faces a term of 10 to 15 years.

As in the cases provided for by Article 134 of the Criminal Code of the Russian Federation, after serving the sentence, the molester is deprived of the right to professional activity allowing contact with children for a period of 10 to 15 years.

Liability for non-violent sexual crimes against minors

Since 2009, in the latest edition of the Criminal Code of the Russian Federation, responsibility for such crimes has been toughened. This need was due to the fact that until 2009 Russian legislation did not fully comply with the requirements of the UN Convention on the Rights of the Child, as well as the wide resonance in the federal media of cases of sexual crimes against children.

The toughening of criminal liability under Articles 134, 135 of the Criminal Code put the term of punishment for seducing a minor on a par with premeditated murder and infliction of grievous bodily harm.

In order to exclude controversial situations when a teenager, in view of early puberty, pretends to be an adult, in 2013 a norm was introduced into the legislation allowing the decriminalization of sexual contact with a minor who has reached puberty, provided that the partner did not know that that a girl or boy is under 16 years of age. However, such a rule cannot apply to sexual acts with persons under 14 years of age.

Controversial situations around the concept of "indecent acts"

Uncertainty around the legal definition of what can be considered indecent acts often leads to contentious situations.

Example No. 1. An 11-year-old girl complained to her parents that a male gymnastics coach supports her by the hips in the form of insurance when performing an exercise on a sports equipment. Can such actions of a coach be qualified as having a sexual connotation?

If the child feels discomfort due to the touch of a stranger, this gives reason to argue that it is better for the girl to choose another coach.

At the same time, the coach can refute the accusations, motivating his actions by the need to ensure safety and the complexity of the exercise.

Without additional evidence that the man derives sexual satisfaction from such activities, filing a complaint with the police or the prosecutor's office is unlikely to be successful.

Example No. 2. The teacher showed the 8th grade students in the lesson an excerpt from feature film, where the actors imitated sexual intercourse.

Can such actions of a teacher be qualified as intellectual seduction?

There is clearly an indecent connotation here, since the teacher must have overstepped his authority by showing the children a video that was not intended for them by age.

To check if a movie meets the age category, you need to find out what distribution certificate it received in Russia. If the film was not in the Russian box office, you need to find out what age category it received in the country of release: the USA or one of the EU countries.

If the category of the film allows it to be viewed only by persons over 16 or 18 years old, the teacher has committed a legal act that is incompatible with the teaching profession. Whether these actions were intentional or accidental - to understand the school principal or the head of the education department.

Attention! Due to amendments to the legislation, the legal information in this article could lose its relevance!

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 consent 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.

The criminal law does not provide for such a concept as the seduction of minors. But the Criminal Code highlights several norms formulated somewhat differently: intercourse with a person under the age of 16 or committing various acts of a depraved nature with him.

general information

Even despite the fact that none of the above norms of criminal law is called "seduction of minors", they are applied in violent acts committed with a child. Moreover, the sanctions for such articles are more than serious - the total term of imprisonment can reach 15 years.

concept

In order to fully understand what constitutes the seduction of a minor or a young child, it is necessary to know the concept of this act.

As already mentioned, the concept of "seduction of a minor", as well as articles with such a title, simply does not exist not only in the criminal, but also in any other legal act. So the seduction of a minor is a popular designation for the commission of various acts of a sexual nature in relation to a child.

Under criminal law, the sexual integrity of a child is protected by law until the minor reaches the age of 16. It is believed that before this age the child cannot perform any sexual functions.

What punishment does the Criminal Code provide?

The Criminal Code singles out the seduction of minors as a separate criminal act. It is for this reason that the following articles are assigned to this act:

1. Article 134, which deals with sexual intercourse and other acts of a sexual nature committed with children under 16 years of age.
2. which deals with indecent acts.

Separately, it is worth noting that in both cases, the simultaneous presence of several conditions at once is necessary. Only in similar situation The perpetrator may be liable for:

1. The perpetrator must be of legal age.
2. The victim must not have reached puberty. Such a fact can be established by a forensic examination.
3. The age of the victim must not be more than that established by law.

It is also worth emphasizing that crimes committed under one of these articles are considered intentional. That is, the perpetrator must be aware that the victim is not yet 16 years old, but still decided to enter into sexual contact with him.

As an exception, there are cases when the perpetrator does not know the exact age of the child, but the appearance of the minor gives every reason to believe that he has not yet turned 16 years old.

Article 134

Article 134 for seducing minors is a rule that covers all sexual contacts with minors committed with the voluntary consent of the child. In all other cases, this offense can be qualified under the following articles:

1. 131 - Rape.
2. 132 - Committing acts of a sexual nature. Here we are talking about manifestations of sodomy and lesbianism.

Corruption of minors (RF) can be punished different ways, depending on many circumstances. If voluntary intercourse took place, then the total term of punishment for this offense should not exceed 4 years. Also, the court may replace imprisonment with compulsory work within the period established by the court. If the perpetrator chose a child of the same sex to commit his crime, this violation is punishable by imprisonment for up to 5 years.

Article 135

The seduction of minors implies not only the sexual contact of the offender with the victim, but also the commission of acts of a sexual nature that do not end in sexual intercourse.

All acts of a sexual nature, but not resulting in sexual intercourse, should be qualified as committing indecent acts. These norms are contained in article 135 for the seduction of minors. The total term of punishment in this case does not exceed 3 years. However, the perpetrator has a chance to receive 5 years of compulsory or 440 hours of compulsory community service.

But here it is required to focus on the age of the victim:

1. If the crime was committed with a minor, then maximum term punishment will be 8 years.
2. If the crime was committed with several children, the sentence is from 8 to 12 years.
3. If the offense was committed by a group of persons, the term of punishment is extended to 15 years.

For the seduction of minors, the most serious punishment threatens recidivist pedophiles who have already served time for such an offense. They will need to serve another 10 to 15 years in prison.