Corruption 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.
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Qualification nuances
To qualify a criminal act means to identify in the actions or inaction of a person all the necessary fragments (signs, elements) of a criminal offense 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 others) of the Criminal Code of the Russian Federation describes the elements of criminal offenses, including:
- Object – what is being harmed or can be harmed.
- The objective side is a set of specific actions, objects with the help of which the act is committed, as well as the consequences.
- The subjective side is how the criminal feels about the offense committed or being committed.
- Subject is an individual 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 the victim?
According to the comments to the Criminal Code of the Russian Federation, the object of the crime is the health and integrity of a person’s sexual integrity; physical and moral development and education of minors.
Victims (victims) from such criminal attacks, within the meaning of article number 134 of the criminal law of Russia, are only minors, the so-called juveniles, and minors. The Criminal Code of the Russian Federation does not provide a definition of the categories “minor” and “minor”, thereby referring to other legislative acts (Civil Code of the Russian Federation, Civil Procedure Code 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 in the age range of 12 to 14 years.
Important: adolescents who have been harmed must objectively evaluate 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 to take the initiative for this kind of intimacy. If in fact the situation is different, the actions of the accused (accused) should be regarded as sexual violence against a helpless person accordingly and qualified under a more serious article.
How is a criminal act committed and its consequences?
The composition of this criminal perversion is classified as formal. This means that for a criminal offense to be considered completed, the consequences (pregnancy, sexually transmitted disease, etc.) are completely optional.
The tort is considered to have occurred simultaneously with the beginning of the actions listed in the disposition of the article:
- Sexual intercourse (intercourse).
- Act of sodomy.
- The act of lesbianism.
These terms do not belong to the legal category.
Their definition falls within the competence of medical science – sexology. Sexual intercourse is physical intimacy between people of different sexes, accompanied by the insertion of the male genital organ into the vagina and suggesting the possibility of procreation (pregnancy).
Sodomy is physical intimacy between male homosexuals, accompanied by the insertion of the male genital organ of the active partner into the rectum of the passive one.
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, 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 provided for in Art. 134 of the criminal law of Russia. If a judge or investigator establishes a different act, it must be classified as more serious.
If, due to circumstances beyond the control of the attacker (someone placed him, was physically unable to commit sexual intercourse, etc.), the crime did not take place, an attempt takes place.
Preparation is considered to be the deliberate creation of the environment or necessary conditions for pedophilia. For example, an attacker makes an appointment with the victim via the Internet or in another way, but he does not come for some reason.
How does the criminal feel about the act and what motivates him?
The article for pedophilia provides for the possibility of committing a criminal act only with direct intent.
This form of guilt involves:
- awareness of the illegality and punishability of the act committed in full;
- foreseeing the inevitability of 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 consciously admitted that he (she) had not reached the age of sixteen.
The motivation that prompted the crime is not particularly important. As a rule, such subjects are driven by the need to satisfy perverted sexual desires.
Who commits the crime?
Persons subject to liability for perversions of this type are sane adult men and women.
Important: reaching the age of majority at the time of the tort is an essential condition. In the absence of other conditions, sexual contacts between minors are not criminal. Alcohol or drug intoxication at the time of the offense does not affect qualifications.
Seduction of a minor: concept
Criminal legislation does not define the concept of “corruption of a minor,” nor does it use such a concept itself. This term is used in colloquial speech, in everyday life, and in the media. It refers primarily to behavior that influences a child and inclines him to engage in acts of a sexual nature. The terms “pedophile” and “pedophilia” have also become widespread, although formally they have a purely medical nature, and from the point of view of criminal law they can cover all (and any) elements of sexual crimes against children.
It is clear that each person can interpret the seduction of a minor differently. Some may consider some behavior to be seduction, others may not. Seduction (in general terms) can mean various actions:
- imposing a certain model of behavior, way of thinking, point of view, etc.;
- physical or psychological violence;
- sexual abuse;
- seduction;
- harassment (molestation);
- other.
The Criminal Code of the Russian Federation provides for liability only for specific actions, and the qualifications of the offense can be varied. It is critically important that any form of seduction has a sexual connotation.
Qualified (more serious) types of seduction
The legislator has provided for circumstances under which the “degree” of public danger of prohibited actions increases significantly:
- Sexual intimacy with a minor - a boy or girl in the age range from 12 to 14 years.
- Seduction of two or more victims.
- Committing a crime by a group.
- Recidivism in relation to a boy (girl) aged 12 to 14 years – an intimate relationship of a minor with a person convicted of a criminal offense of a similar nature.
Persons who violate the law in the above cases face a significantly more severe measure of state coercion (punishment).
What is child seduction?
Pedophilia is a term that is translated from Greek as “love of a child.” In accordance with the international classification of diseases, infantosexuality is considered a mental disorder characterized by sexual attraction to pre-pubescent children.
In the popular understanding, the term is incorrectly applied to all persons who had a relationship with minors.
Punishment for pedophilia
The article for seducing minors and minors (its sanction) includes a fairly wide variable range of possible types of punishments - both those associated with isolation from society, and less severe ones.
For clarity, we differentiate them depending on the term of imprisonment specified in the article for each type of pedophilia:
- up to 4 years – sexual intercourse (intercourse);
- under 6 years of age – a single case of sodomy or lesbianism;
- from 3 to 10 years – sexual intimacy with a boy or girl aged 12 to 14 years;
- 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 - recidivism in relation to the victim boy (girl) aged 12 to 14 years.
When determining the amount of punishment, the legislator was guided by the degree of social danger of each specific type of pedophilia and the personality of the offender: the greater the harm caused by the crime, the stricter the punishment.
Age of Minority
In the Russian Federation, it is generally accepted that the age of majority is 18 years. However, the Criminal Code defines three age categories, each of which has its own rules.
In accordance with the articles of the Criminal Code of the Russian Federation, there are:
- Children under 12 years of age are minor citizens. For seducing this age category of people, the offender is subject to the most severe punishment, even if everything happened by mutual consent.
- From 12 to 16 years old - a minor. The law still prohibits all sexual contact, but there may be exceptions.
- From 16 to 18 - minors with admissibility. Intimate relationships are permitted only by mutual consent.
It is important to remember the term “capacity.”
The age of consent of the Russian Federation is sixteen years.
This works when the person who agrees is sane and understands what is happening. If at the time of contact he was not aware of his actions (as a result of drinking, mental disorders or other reasons), the court will find the adult citizen guilty of rape.
Conditions for release from punishment or its mitigation
In certain cases, the law provides the opportunity to avoid punishment (not to be confused with “avoiding responsibility”), and also allows for its assignment not related to isolation from society and referral to a correctional facility.
A person who seduces a minor may be released from punishment if the following necessary conditions are met:
- Sexual intercourse (intercourse) with the victim (victim) in the age range from 14 to 16 years took place for the first time.
- The person who violated 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 entered into marriage with the person who seduced them. Obviously, in this case, the personality of the person who has broken the law and the damage caused to public interests lose their former danger. This is the reason for the introduction of this form of active repentance into the article.
When considering criminal cases involving non-violent sexual contacts with minors, courts are also obliged to exclude the possibility of applying punishment associated with being sent to a correctional facility in the following cases:
- sexual intercourse with the victim (victim) in the age range from 14 to 16 years occurred for the first time;
- the age difference between the victim (victim) and the person who violated the law does not exceed four years.
It is probably advisable to use a punishment less severe than imprisonment in this case; the legislator associates it with the traditionally negative views established in society on sexual intimacy between partners with a large age difference.
The corpus delicti under Article 135
Article 135 - indecent acts towards a minor without the use of physical force.
The Criminal Code of the Russian Federation regulates the list of indecent acts for which a citizen can be prosecuted under this article:
- physical contact with a person under sixteen years of age;
- intellectual impact;
- display of pornographic materials;
- actions that arouse sexual interest in a minor.
The objects of the crime are:
- sexual integrity of a minor;
- their moral and physical education;
- moral and physical health.
The subject of the crime is an adult, sane citizen who commits unlawful actions towards a young person.
Qualifying compositions provided for in the article:
- part 2 art. 135 of the Criminal Code of the Russian Federation - acts committed in relation to a person 12 years of age, but under 14 years of age;
- part 3 - actions of an attacker who seduced two or more citizens;
- part 4 - violation by conspiracy of several persons;
- Part 5 - repeated violation of the law by a citizen who has a criminal record under the article for pedophilia.
An important aspect of the article is that the crime is considered completed when the depraved acts begin. That is, conversations on any vulgar topics are recognized as a crime.
The corpus delicti under Article 134
Article 134 of the Criminal Code of the Russian Federation - intimate intimacy with a citizen under sixteen years of age. The comments to this section explain the concept of “puberty”.
Signs of puberty established by the law of the Russian Federation:
- the body's ability to copulate;
- ability to bear children and breastfeed;
- ability to fertilize (applies to males).
The main element of the crime is sexual intercourse between citizens, and the subject is intentional actions on the part of an adult (intention). At the same time, the law does not differentiate between the gender of the culprit - both a man and a woman can lose their freedom for seduction.
Features of Article 134 of the Criminal Code of the Russian Federation:
- Responsibility for seducing a minor does not arise if the couple has submitted an application to the registry office. The Government Plenum issued a resolution according to which municipal authorities have the right to issue a “special” permit for marriage with a minor.
- If the offender himself has not reached the age of sixteen, then the punishment is neutralized, but provided that there are no violent actions on his part. Otherwise, the crime will be classified under Article 131 - rape.
- Bring to justice under Art. 134 is possible only if the adult previously knew about the age of the target of harassment. The evidence is carried out by a special examination convened to study the external characteristics of the victim.
To find out more information on the topic, you need to watch a video with a detailed description of Article 134 of the Criminal Code.
