Criminal law does not provide for such a thing as seduction of minors. But in the Criminal Code there are several norms that are formulated somewhat differently: intercourse with a person under the age of 16 years or committing a variety of depraved acts with him.
general information
Even though none of the above criminal law norms is called “seduction of minors,” they are used in cases of violent acts committed with a child. Despite the fact that the sanctions for such articles are more than serious - the total term of imprisonment can reach 15 years.
The concept
To fully understand what constitutes the seduction of a minor or 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 that name, simply does not exist not only in a criminal, but also in any other legal act. So the seduction of a minor is a popular designation for various acts of a sexual nature in relation to a child.
According to criminal law, the sexual integrity of a child is protected by law until the minor reaches the age of 16. It is believed that until this age the child can not perform any sexual functions.
What punishment does the Penal Code provide?
Criminalization of minors by the Criminal Code is singled out as a separate criminal act. For this reason, the following articles are assigned to this act:
- Article 134, which deals with sexual intercourse and other acts of a sexual nature and committed with children under the age of 16 years.
- Section 135, which deals with depraved acts.
Separately, it is worth noting that in both cases, the simultaneous presence of several conditions is necessary. Only in such a situation can a criminal be held liable:
- The offender must be of legal age.
- Victim must not reach puberty. A similar fact may be established by forensic examination.
- The age of the victim should not be more than established by law.
It is also worth emphasizing that crimes committed under 1 of these articles are considered intentional. That is, the perpetrator should be aware that the victim has not yet reached the age of 16, but still decided to make 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 is not yet 16 years old.
Section 134
Article for the seduction of minors 134 is the norm, under the influence of which all sexual contacts with minors are committed, committed with the voluntary consent of the child. In all other cases, this misconduct may be qualified under the articles:
- 131 - Rape.
- 132 - Committing acts of a sexual nature. Here we are talking about the manifestations of sodomy and lesbianism.
The seduction of minors (RF) can be punished in various ways, depending on many circumstances. If there was voluntary intercourse, then the total term of punishment for this misconduct should not exceed 4 years. The court may also replace imprisonment with compulsory labor for a 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.
Section 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 with sexual intercourse.
All actions that are sexual in nature, but not ending in sexual intercourse, should be qualified as committing depraved actions. These norms contain an article for the seduction of minors 135. The total sentence in this case does not exceed 3 years. However, the perpetrator has a chance to get 5 years of forced labor or 440 hours of compulsory community service.
But here it is required to focus on the age of the victim:
- If the crime was committed with a minor, then the maximum sentence will be 8 years.
- If the crime was committed with several children, the sentence is from 8 to 12 years.
- If the offense was committed by a group of persons, the sentence shall be extended to 15 years.
For seducing minors, the most serious punishment threatens repeat offenders who have already managed to serve time for such an offense. They will need to be again in prison from 10 to 15 years.
