In our time, the issue of physical closeness acquires terrifying relevance not only until reaching adulthood (eighteen years under the laws of the Russian Federation), but also until a person begins to more or less consciously commit certain acts, that is, reaches sixteen years. In the case of boys, the beginning of a sexual life at such an early age may not have a decisive influence on later life - the situation is more serious when girls decide on it. No matter how free modern teenagers are in their morals, every self-respecting man (young man) wants to be the first and only one, and the disclosure of secrets about the numerous number of previous partners and the first sexual experience at an early age can completely put an end to relationships. That is why both children and their parents need to become better acquainted with Article 134 of the Criminal Code of the Russian Federation entitled "Sexual intercourse and other sexual acts with a person under the age of sixteen." Relationships by relationships, and yet getting into jail for such a thing is a simple matter.
Art. 134 of the Criminal Code with comments
We consider in detail the unknown legal terms found in the article.
Sexual intercourse with a person under the age of sixteen committed by a person who has reached the age of eighteen years (as amended by Federal Law of December 28, 2013 No. 380-), shall be punishable by compulsory labor for a term of up to four hundred and eighty hours, or restriction of liberty for a term of up to four years. or forced labor for up to four years with the deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to four years with deprivation of right and to occupy certain positions or engage in certain activities for up to ten years or without it.
In h. 1 Article. 134 of the Criminal Code of the Russian Federation, we come across such concepts as “compulsory and forced labor”, “restriction and imprisonment”. With the last two legal terms, everything is more or less clear, but with the first you need to understand in more detail.
Compulsory work is carried out by the convict in his spare time from the main labor activity or study, the type of work and the object are determined by local authorities. For the implementation of forced citizens can be sent to another subject of the Russian Federation - this is their main difference from compulsory work. Both types are used as the main punishment. Forced labor is an alternative to imprisonment.
Sodomy or lesbianism with a person under the age of sixteen committed by a person who has reached the age of eighteen (as amended by Federal Law of December 28, 2013 No. 380-), shall be punished by forced labor for a term of up to five years with deprivation of the right to occupy certain positions or engage in certain activity for a period of up to three years or without it, or imprisonment for a period of up to six years with the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to ten years or without it about.
Next, we consider the concepts used in the 2nd part of Art. 134 of the Criminal Code. Under sexual intercourse is understood direct sexual contact of persons of different sexes, sodomy and lesbianism - the connection between men (a man and a boy in our case) and women (a woman and a girl relative to Article 134), respectively.
Article 134 of the Criminal Code of the Russian Federation. Corpus delicti
Let us designate several signs without which the act cannot be qualified as a crime under Art. 134 of the Criminal Code:
- The object of a criminal act is a minor citizen who has not reached the age of sixteen, his sexual integrity and normal mental state. Moreover, both men and women can be victims.
- Sexual intercourse subject to investigation takes place between a person 18 years of age or older and a citizen (s) under 16.
- How a crime qualifies every sexual contact, and not just violence. Moreover, to consider the last type of offenses, there is a separate article (131). Voluntaryism is one of the main conditions for fixing the corpus delicti under art. 134 of the Criminal Code.
- The act, in accordance with the Criminal Code, must be committed consciously, i.e. an adult must be aware that the age of the partner is not acceptable for sexual relations between them.
- The subject of the crime, as well as the object, can be a man or a woman.
- Art. 134 of the Criminal Code does not cover oral and anal sex of a man with a girl, oral sex with a boy.
Judicial punishment
Unfortunately, in judicial practice the number of cases considered in connection with the 134th article of the Criminal Code has recently increased. It is necessary to become better acquainted with all options of punishment and circumstances that somehow affect the court decision. Consider this point in more detail.
As a punishment, as mentioned above, correctional labor (compulsory - up to 480 hours, forced - up to 4 years), restriction or imprisonment, deprivation of the right to certain activities, as well as the ability to hold established posts can be assigned. This is stated in Part 1 of Art. 134 of the Criminal Code.
The degree of punishment is differentiated depending on the age of the victim. The first category - persons from 14 to 16 years old (part 2 of article 134 of the Criminal Code of the Russian Federation). The second includes children from 12 to 14 years old (part 3 of article 134 of the Criminal Code of the Russian Federation).
Let us dwell separately on circumstances aggravating guilt:
- victims - 2 or more persons;
- group intercourse;
- the commission of this crime is not the first time.
If the difference between the offender and the victim is less than 4 years, the acts of the first can be qualified as depraved acts, and the punishment can be established according to Art. 135 of the Criminal Code.
The perpetrator has the only opportunity to avoid criminal punishment - to marry (marry) the victim. Then the court may decide that the given citizen ceased to be socially dangerous.
Judicial practice under Art. 134 of the Criminal Code, or the most famous pedophile maniacs
Of course, not all persons convicted of a crime under Art. 134, possess manic inclinations. However, it is worth thinking about the mental health of truly adult people whom children are attracted not in the traditional sense, but as an object of sexual lust.
Albert fish
The cannibal maniac who wielded in New York in the 1920s and 1930s. Fish was detained after the murder of Grace Buddhas (a 10-year-old girl), which the maniac abused, then killed and ate. Fish revealed himself by sending Grace's parents a letter describing how their daughter's life ended. The offender was declared sane and executed in an electric chair.
Henry Lee Lucas
Together with accomplice O. Thul, this maniac has been operating for more than thirty years in the middle of the last century. Partners are accused of killing more than 500 people. Along with this, maniacs seduced minors, were Satanists and suffered from cannibalism. Lucas was killed in the cell.
Anatoly Slivko
Maniac pedophile, "specialized" in little boys. Slivko’s goal was not to kill the children, but their torment, during which he experienced sexual arousal. However, sometimes the boys did die: a maniac killed seven people under 16 years old. Shot.
Andrey Chikatilo
The protagonist of the affair “Lesopolos” and, perhaps, the most famous maniac of the USSR. Chikatilo killed young girls and children on sexual grounds. It is still unknown whether there was violence by the offender (often this could not be established due to severe damage to the victim’s body). However, during a search of personal belongings in a Chikatilo bag, along with a knife and a rope, a jar of Vaseline was found. He was sentenced to death.
Oleg Rylkov
The maniac who raped 37 boys and girls in the territory of Tolyatti, Rylkov killed four children. The criminal is currently serving a life sentence in the Black Dolphin colony.
Igor Irtyshov
Pedophile of the late 20th century. He committed 8 attacks on children 9-15 years old in St. Petersburg. Some of the victims died or remained disabled for life. Irtyshov was sentenced to death, but later this sentence was commuted to life imprisonment. In childhood, Igor Irtyshov suffered a head injury, perhaps this was the cause of mental disorders.
Cyril Resin
The lifter is a maniac from St. Petersburg and one of the most famous pedophile maniacs of the 21st century. For six years he did not allow the city on the Neva to breathe freely. Resin caught his victims, boys and girls from 7 to 15 years old, in an elevator and introduced himself as a technical worker. The maniac was sentenced to 20 years in prison (10 in prison and another 10 in a maximum security colony). Resin never admitted to the crime, saying in the courtroom that his "case was completely fabricated."
Larry Nassara
One of the most recent pedophilia cases is an investigation into the seduction of minor US gymnasts. The former team doctor is accused of perverting actions against athletes of different ages. The first of sexual abuse, Larry Nassara was accused by McCail Maroni, followed by statements made by Alexandra Raisman and the strongest in the world of gymnastics today Simone Biles. The court sentenced Nassar to 175 years in prison. The estimated number of victims of the doctor reaches 150 athletes.
Conclusion
Be that as it may, at present, the role of the immediate environment in the formation of the personality of the child is especially high. Try to put moral principles into your child at an early age so that you never have any reason to encounter article 134 of the Criminal Code of the Russian Federation in real life. But in no case do not commit espionage, understand that so you are only trying to fix what did not work out to give the child in early childhood. However, using such methods, you can not only achieve nothing, but also lose the trust of, perhaps, the closest and dearest person. Just try to make sure that children remain children as long as possible, do not seek to enter into an infinite number of sexual contacts at an age when life itself still seems like a game. Often, they still cannot fully appreciate the possible consequences of this "game." Unfortunately, life does not forgive mistakes. Even one who has stumbled only once can cross out his future forever. Let the children fall in love with their peers, meet with them. Give them the opportunity to play enough, but do not lose sight of the fact that adulthood requires experience.