Children and adolescents are one of the most helpless categories of citizens, against whom various types of crimes are most often used. That is why penalties for crimes against minor victims are more severe.
Young children are easily susceptible to violence from adults. But if we are not talking about the fact of rape, but there is a sexual connotation of the actions, we can talk about the seduction of teenagers.
Corruption of minors (Article 134, 135 of the Criminal Code of the Russian Federation) is voluntary sexual contact or other actions of a sexual nature committed against a person who is not fully capable.
Such actions can seriously affect the child’s future life, causing incurable psychological trauma and physical pathologies to his fragile body.
What is the difference between rape and sexual intercourse? And what indecent acts against a teenager are subject to criminal prosecution?
Child seduction: concept and features
Categories of childhood in the legal plane have their own gradation. But in a general sense, persons under 18 years of age are considered children or minors.
They do not have full legal capacity, therefore they cannot be fully responsible for their actions.
The main question is, what is child abuse? There is no concept of “seduction” in the Criminal Code of the Russian Federation. But it is implied in two articles regulating such actions.
This is Art. 134 “Sexual intercourse and other sexual acts with a person under 16 years of age” and Art. 135 "Depraved acts."
So, the age gradation of minors in Russian law is as follows:
- Under 12 years of age - a minor, completely not responsible for his actions, requiring maximum protection from the state;
- From 12 to 14 years - a minor who is not responsible for his actions, sexual contact with whom is strictly punishable under the Criminal Code of the Russian Federation;
- From 12 to 16 years - a minor who is partially not responsible for his behavior, sexual contact with whom is punishable in all cases with a punishment slightly more lenient than for the first age category;
- From 16 to 18 years old - a minor, almost fully responsible for his actions, sexual contact with whom by consent is permissible by law, but in some cases can also be punished under the Criminal Code of the Russian Federation.
In order for actions of a sexual nature to be qualified under Article 134 or Article 135, consent to sexual contact or other indecent acts on the part of the minor is required.
Formula for calculating prices in the state?
Cost is the largest economic indicator, which consists of several criteria. Thus, cost is a certain total amount of financial resources that was spent on the import of resources and the subsequent production of goods. It is worth noting that this definition is only applicable if a tangible product is considered. If the cost of a certain service is considered, its definition changes significantly. Thus, the cost of a certain service will be the number of hours that must be multiplied by the salary for 1 hour of work of the employee providing this service. Moreover, if the service requires some expenses, then the price of all consumables that were spent in the process of providing the service is added to this indicator.
As a rule, the state has its own pricing method, which helps it achieve full balance in the economy, when all prices are approximately correlated with each other according to certain criteria.
Within the market, it is imperative to determine the cost of a particular product, since the law does not regulate it at the required level. The efficiency of selling goods and services on the market among the population significantly depends on this, which directly affects the economic efficiency of the company that produces and subsequently offers products.
Each state has several methods that help it regulate prices in some way so that a continuous balance of supply and demand is maintained, necessary to advance the economic situation and maintain competitiveness in the market.
Cost is one of the most important economic categories that requires a lot of time and attention. That is why the methods that are created to form the cost of goods and services are selected the most effective, since demand, and therefore the subsequent sale of the product, depends on this.
The cost is necessary in order to make this or that object, which is produced for sale, competitive in the market among other similar organizations dealing with any related products. Cost also helps to correctly calculate sales turnover and predict in advance the profit that can be received during the competent sale of goods.
Moreover, the cost of goods significantly affects the company's reputation in the market. Thus, correctly selected pricing methods guarantee the company competitiveness and stability in the market, which absolutely every entrepreneur strives for.
There are several factors that can significantly influence the final cost of the product:
- The audience among whom a particular product is sold.
- The number of competitors that sell the same or related products.
- The percentage of taxation that is set by the regions and the state.
Pricing methods have their own goals:
- Full coverage of the cost of the necessary materials and resources that were spent on the production and subsequent sale of the product on the market.
- Maintaining a constant level of profit that will meet the company's requirements.
- Attracting a new target audience who wants to periodically purchase certain products from the company.
- Maintaining the stability of the company in the market.
- Maintaining competitiveness among other organizations selling their goods and services.
Pricing has its own mechanism, the formation of which takes quite a long time. There are several stages of pricing:
- Setting company objectives. At the first stage, it is always necessary to highlight those tasks that must be completed to establish a stable level of the company in the market.
- Collection of information about the demand for a product or service that will be provided by the company. At the second stage, it is worth determining the category to which the product sold by the organization belongs. Next, it will be necessary to identify interests among the target audience that the manufacturer is counting on. Special attention should be paid to those companies that consumers previously preferred. At the same time, it is necessary to consider the changing needs of the population, as well as interests, which may depend on both internal and external factors.
- Analysis of the financial costs that will be used to cover delivery, purchase of resources and subsequent production of the necessary goods. It is necessary to think in advance about all possible items that will have to be spent on during the production process. It is necessary to determine the minimum level that will periodically be spent to cover these expenses.
Pricing methods together represent a single mechanism in which each criterion is important. Before opening an enterprise and producing a product, it is necessary to decide in advance on the direction and product, as well as calculate all possible steps and pay attention to mistakes that competing companies might have made.
You should collect in advance the necessary data about competitors who have a stable level of earnings in the market and are in great demand among the audience.
Great attention should be paid to the location of the outlet in the market. As a rule, it should be located in a crowded place where there will be the greatest demand for a particular product.
For modern entrepreneurs, life has been simplified by special electronic services that make it possible to analyze and monitor the indicators necessary for the company. With the help of such programs, you can intelligently create a pricing mechanism that will be most suitable for the organization.
As a rule, absolutely every company has its own mechanisms; they may differ in some criteria, but in most cases they remain standard for all.
Art. 134 – Sexual contact with a minor
The article provides for punishment for sexual contacts with minors and minors . In order for a crime to be classified in this way, an unambiguous composition of the criminal act is needed.
So, the following signs must be present:
- The crime was committed by an adult citizen;
- The offender must know the age of the victim and have direct intent to commit a criminal act;
- The sexual experience of the victim does not matter;
- Actions of a sexual nature were committed by mutual consent;
- Once sexual acts begin, the crime will be considered completed.
The article regulates not only opposite-sex sexual contacts, but also same-sex ones.
Punishment under Art. 134 of the Criminal Code of the Russian Federation
Even though the actions are not classified as violent, the punishment for them is quite severe. It is possible to get a real prison term for this. So, let's look at how many years they give for seducing minors.
Sexual contact with a teenager under 16 years of age is punishable by one of the following options:
- Mandatory work up to 480 hours;
- Restriction of freedom up to 4 years;
- Forced labor for up to 4 years with or without the right to hold certain positions or perform certain activities for up to 3 years;
- Imprisonment for up to 4 years with or without the right to hold certain positions or perform certain actions for up to 10 years.
Same-sex contact with a teenager under 16 years of age is punishable by:
- Forced labor for up to 5 years with or without the right to hold certain positions or perform certain activities for up to 3 years;
- Imprisonment for up to 6 years with or without the right to hold certain positions or perform certain actions for up to 10 years.
Same-sex or opposite-sex contact with a teenager from 12 to 14 years old is punishable by:
- Imprisonment from 3 to 10 years with or without the right to hold certain positions or engage in certain activities for up to 15 years and with or without restriction of freedom for up to 2 years.
Crimes committed against two or more victims:
- Imprisonment from 6 to 15 years with or without the right to hold certain positions or engage in certain activities for up to 20 years.
Crimes committed by conspiracy by a group of persons:
- Imprisonment from 12 to 20 years with or without the right to engage in certain activities or be in a certain position for up to 20 years with or without restriction of freedom for up to 2 years.
If a crime is committed by a person previously convicted specifically for such acts, he may be imprisoned for a term of 15 to 20 years.
If the defendant and the victim, who have reached the age of 16, enter into a legal marriage, the defendant will be released from punishment.
The legislator provides for the impossibility of applying punishment in the form of imprisonment in relation to a person whose age does not exceed 4 years over the age of the injured party.
That is, it is impossible to unequivocally answer the question of how old child seduction is considered to be . Even though the legislator sets the limit at 16 years, criminal liability can be brought before the age of 18.
Coercion to engage in sexual relations
Article 133 of the Criminal Code of the Russian Federation prescribes the responsibility of a person for actions aimed at coercing sexual intercourse, lesbianism, sodomy or acts of a sexual nature through threats, blackmail, humiliation, seizure of property or using the dependent state of the victim.
Note!
Such a crime is considered committed at the moment when coercion in one of its forms has become clearly expressed. Moreover, it does not matter whether the offender ultimately received consent or refusal and whether acts of a sexual nature occurred.
Part 2 of Article 133 establishes the special responsibility of the guilty person if coercion was directed at a minor, and is punishable by one of the following types of punishment:
- forced labor for up to 5 years,
- imprisonment for up to 5 years.
A ban on holding certain positions or engaging in certain activities may also be imposed.
Art. 135 – Depraved acts
Depraved acts do not involve direct sexual contact with the victim, but have a clear sexual connotation.
Just like a crime under Art. 134, indecent acts as a crime must be committed by a person who has reached the age of 18, with direct intent to commit a crime.
The object of the crime is the sexual integrity of the victim; his desire and previous sexual life do not matter.
Depraved acts may include the following:
- Demonstration of genital organs;
- Exposing the victim at his request;
- Showing pornography;
- Correspondence of an obscene nature on the Internet;
- Indecent touching;
- Sexual conversations in the presence of children, etc.
Punishment under Art. 135 of the Criminal Code of the Russian Federation
Depraved acts against a teenager under 16 years of age are punishable by:
- Mandatory work up to 440 hours;
- Restriction of freedom up to 3 years;
- Forced labor for up to 5 years with or without the right to hold certain positions or engage in certain activities for up to 3 years;
- Imprisonment for up to 3 years with or without the right to engage in a specific field of activity or hold specific positions for up to 10 years.
Indecent acts against a minor from 12 to 14 years of age:
- Imprisonment from 3 to 8 years with or without the right to engage in certain activities or hold a specific position for up to 15 years with or without restriction of freedom for up to 2 years.
Depraved acts against several victims:
- Imprisonment from 5 to 12 years with or without the right to hold positions and engage in specific activities for up to 20 years.
The commission of this type of act by a group of persons entails liability:
- Imprisonment from 7 to 15 years with or without the right to hold certain positions or conduct certain activities for up to 20 years with or without restriction of freedom for up to 2 years.
A person previously convicted of crimes against sexual integrity may be punished for a new episode with imprisonment from 10 to 15 years.
Arbitrage practice
Problems in applying Art. 134 and art. 135 of the Criminal Code of the Russian Federation in 2021 lie largely in the plane of the correct classification of the crime.
Sexual integrity also appears as an object of crime in rape. Therefore, law enforcement agencies must accurately determine whether the victim was forced to take such actions, or whether he voluntarily agreed to them.
As a rule, there are no clear witnesses to what happened in such cases . Therefore, only the testimony of the victim is taken into account in the basis for qualifying the fact of pressure.
Situations often occur when a defendant is imprisoned for sexual intercourse, and after serving his sentence, he marries the victim, and they have a family. This is a family tragedy. The legislator, unfortunately, has provided for the possibility of marriage only for persons over 16 years of age.
A large series of legal clarifications on these crimes contains the Resolution of the Plenum of the Supreme Court under Art. 134, art. 135 of the Criminal Code of the Russian Federation No. 16.
It contains a ban on the use of conditional punishment in relation to persons who have committed sexual intercourse with a teenager under 14 years of age, as well as the specifics of the application of parole for such criminals.
The courts and law enforcement agencies must necessarily establish the fact of the sanity of such a defendant and whether he has a tendency towards pedophilia.
If certain inclinations are established, medical measures should also be applied to the criminal.
A criminal offense is not always of a violent nature. Today, due to the expansion of personal freedom of adolescents, the availability of the Internet and the development of tolerance towards sexual minorities, many children begin to grow up early.
Unfortunately, not many of them know that even for voluntary sexual acts their partners can be severely punished in accordance with criminal law.
The Criminal Code of the Russian Federation, unlike public life and world trends, did not expand the boundaries of teenage permissiveness.
