Non-interference in personal life, human sovereignty is a priority rule of law. Sexual integrity as a part of life is under special protection. Chapter 18 of the Criminal Code of the Russian Federation is devoted to this kind of crime, including rape (the most serious of this category), forced acts of an intimate nature, compulsion to such actions, copulation with teenagers under 16 years of age, and indecent acts. Article 135 of the Criminal Code of the Russian Federation regulates the last crime - the least serious of all listed.

The article 135 of the Criminal Code of the Russian Federation in question regulates the punishment for various types illegal dissolute behavior. The definition of the term “depraved acts” is not specified in the acts. According to Wikipedia, the concept of debauchery is identical to sexual unscrupulousness, lack of modesty, human immorality, and is contrary to moral standards.

Comments on the article:

1. Part one indicates the commission of a crime by a person over 18 years of age against a person under 16 years of age. But here possible punishment is provided not only in the form of deprivation, but also in the form of restriction of freedom. Another measure to correct the culprit is compulsory or forced labor. This punishment is milder than arrest. Mandatory work as a punishment is more often used in administrative practice. The Criminal Code of the Russian Federation, unlike the Code of Administrative Offences, provides for a larger number of hours. Within the framework of this article, correctional labor can last up to 440 hours, forced labor - up to 5 years.
2. In Art. 135 in part 2, according to the Criminal Code of the Russian Federation, illegal actions towards a person under 12 years of age are considered. A sanction of imprisonment from 3 to 8 years is already indicated here. Also, an additional punishment is deprivation of the right to engage in a special type of labor activity or occupy certain positions for a specified period. Often, even after possible release on parole, the guilty person cannot be allowed to engage in some type of activity. For example, teaching, conducting training, protecting schools, kindergartens, and colleges.
3. The implementation of these atrocities against more than two persons is of greater gravity. This threatens with arrest for up to 12 years.
4. If the actions referred to in the previous paragraphs are committed by a group of persons by agreement or by a company gathered for criminal acts, then the sentence is increased to 15 years with the possibility of additional punishment.
5. According to the law, the last category is considered the most gross and dangerous - the crime described in Art. 135 part 5 of the Criminal Code of the Russian Federation, committed as a relapse, when there is a repeated crime against intimate integrity. The penalty here is loss of freedom from 10 to 15 years.

This article about depraved acts completes the chapter regulating criminal activities against intimate freedom and personal integrity. Punishment is determined by the severity of the offense in question and ranges from minor to extreme.

The elements of the crime provided for in Article 135 of the Criminal Code of the Russian Federation:

• the subject himself is the person who committed the offense. This may be a woman or a man over 16 years of age;
• object is a good that is protected by law. Here it is the immunity of children and adolescents under 14 years of age;
• the subjective side of the crime involves intentionality of actions, that is, the presence of direct intent in the crime. The main purpose of such a crime is to satisfy one’s passions through physical contact or deliberately engage in obscenity in front of the victim under the age of sixteen;
• from the objective side - the process of immoral actions itself.

It is not necessary that there be physical contact between the perpetrator and the victim. The greatest harm here is caused to the moral state of the victim. Often these are minor citizens, and after such an event they need consultation with a psychologist. The consequences of such crimes may go beyond the usual understanding of damage - material or physical. A teenager or child may develop abnormal or early sexual desire or concern.

It is possible to corrupt the victim physically - this is contact with the genitals, stroking, palpating, and taking appropriate poses. In terms of intellectual impact, this could be watching pornography (films, videos from the Internet, photographs), having conversations on sexual topics, reading such literature.

The crime provided for in this article is considered completed from the beginning of certain actions. It doesn't last in time.

Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 4, 2014 No. 16 in Moscow on crimes in the field of sexual relations clarifies that a criminal act falls under Art. 135 subject to non-use of violence. Only citizens over 18 years of age are subject to punishment.

Also, the specified legal regulation excludes from the qualification of Art. 135 formal sexual intercourse, lesbianism, sodomy and other body contact. Coercion provides grounds for stricter qualifications.

According to the Russian Criminal Code, it is possible to be released from liability after the statute of limitations has expired: if 2 years have passed since the commission of a crime of minor gravity, 6 years of moderate crime, 10 years of serious crime, and more than 15 years of the most dangerous crime. An acquittal can be made by a judge in the absence of corpus delicti, that is, one of four conditions.

Examples of criminal practice

Unfortunately, there are many examples of such cases in judicial practice. The most unpleasant thing is that often the criminals are individuals who, by the nature of their professional activities, are directly related to children, adolescents, stepparents, closest friends and neighbors.

One of the courts of the Republic of Dagestan considered the case regarding citizen Gamkhatov I.D., who committed an offense enshrined in Art. 135 part 3 of the Criminal Code of the Russian Federation. He repeatedly committed depraved acts against the minor daughters of his partner and their friends. He regularly showed his genitals and showed pornographic films.

The elements of this crime were fully confirmed and the person was sentenced:

1. Arrest for 8 years in a general regime correctional colony.
2. Ban on the right to engage in teaching for a period of 10 years.

The city court of the Oktyabrsky district of Stavropol considered the criminal case of Petrosyan P.D., guilty of committing an offense under Part 1 of Art. 135 of the Criminal Code of the Russian Federation. The adult defendant regularly viewed and sent via social network to his 15-year-old neighbor, recognized as a victim, pornographic videos. Due to the minor gravity of the offense and P.D. Petrosyan’s repentance, the judge chose a preventive measure in the form of compulsory labor lasting 350 hours.

The greatest harm in this type of crime is caused to the moral state of the victim.

Legislatively, crimes affecting the intimate side of life are separated into a separate chapter. Depraved acts have distinctive qualities. The main thing is the absence of coercion and sexual intercourse. Even such contact between the criminal and the victim can have serious consequences for the psyche of the person affected. The main task of the state here is to protect the health and normal moral state of persons who have not reached puberty.

Depraved acts are a crime aimed at violating the sexual integrity of minors. The punishment here is provided for by the Criminal Code of the Russian Federation, Article 135 of which states that the perpetrator can be isolated from society even for 15 years.

This crime consists of indecent behavior by an adult towards a minor, for example, showing pornographic films, exposing the genitals and touching them with hands, as well as talking about various sexual topics. As a rule, depraved acts occur without the use of violence.

Basics

Any actions of an adult aimed at arousing sexual interest in a teenager and satisfying their needs are considered depraved. Moreover, by committing this crime, the person acts intentionally and disrupts the normal mental development of the minor. This act is criminal and is punishable by law. The Criminal Code of the Russian Federation (Article 135) states that the perpetrator may be punished with 3 years in isolation from society for the first part and more severe punishment for the fourth and fifth. It is worth noting here that, by arousing an unhealthy interest in a teenager in sexual relations, an adult (man or woman) convinces him in every possible way that he will like it. There are no violent actions in this case. Everything is done according to the free will of the minor.

Compound

In order to prosecute a person for indecent acts against a minor, all the signs of this crime must be present. Responsibility for this crime is established by the Criminal Code of the Russian Federation, Article 135 of which states that everything happens without the use of violence. Otherwise it will be another crime.

The elements of this crime are as follows:

• object - moral, mental and sexual development of minors;
• subject - an adult man or woman;
• objective side - any depraved acts committed against minors, but without violence and sexual contact (exposure of genitals, watching films, showing various sexual positions for making love);
• the subjective side represents the person’s attitude to the act, always has only direct intent.

If all these signs are present, a person can be prosecuted under the Criminal Code of the Russian Federation. Article 135, as already mentioned, provides for punishment under the first part of up to three years in isolation from society.

Peculiarities

In this case, an adult psychologically pushes a minor to engage in depraved acts, but without the use of violence, as Art. 135 of the Criminal Code of the Russian Federation. At the same time, an adult can show in every possible way his passion for sexual life and even clearly demonstrate this to a teenager, thereby awakening in him an unhealthy interest and breaking the child’s psyche.

The culprit can be either a man or a woman. In this case, the latter may be interested in both boys and girls, show various magazines with naked people, touch her organs with her hands and show her excitement by the process. In addition, the attacker always has the direct intent to make the teenager become interested in what is happening and, possibly, begin early sexual activity. However, here goes only psychological impact on a child without any violence or sexual contact. So says the article. 135 of the Criminal Code of the Russian Federation.

Felony

In the case where indecent acts of a sexual nature were committed against a minor who is twelve but not fourteen years old, the offender will be punished to the fullest extent of the law. Sanction under Part 2 of Art. 135 of the Criminal Code of the Russian Federation only states that the perpetrator is isolated from society for a period of three to ten years. In addition, there is an additional punishment, which is aimed at prohibiting work with children and restricting the freedom of the attacker.

If a crime is committed against several minors, then liability is provided for in Part 3 of this article. In the case where there are several perpetrators (conspiracy), the punishment here will be more severe - from seven to 15 years in isolation from society. If the culprit has already served a sentence for a similar act and has a criminal record, then his actions will be attributed to the fifth part of Art. 135 of the Criminal Code of the Russian Federation.

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135 of the Criminal Code of the Russian Federation, part 1 - is it possible to attract?

Hello!

Please write whether it is possible to bring to criminal responsibility the person guilty of committing a crime under Article 135 of the Criminal Code of the Russian Federation Depraved acts part 1:

1. Committing indecent acts without the use of violence by a person who has reached the age of eighteen against a person under the age of sixteen, which he committed in 2003?

Thanks in advance.

Lawyers' answers

Alexander(04/07/2014 at 20:06:50)

Dear Anonymous!

NO LONGER SINCE EXPIRED. This crime belongs to the category of crimes of minor gravity according to Art. 15 of the Criminal Code of the Russian Federation. And the statute of limitations for bringing to criminal liability according to Art. 78 of the Criminal Code of the Russian Federation for this category of crimes is two years

Please pay your attention to the Criminal Code and the words I have highlighted.

Article 135. Depraved acts I

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person under the age of sixteen,

shall be punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years, with or without holding certain positions or engaging in certain activities for a term of up to three years, or imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to ten years.

1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.

2. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment.

3. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code exceeds three years of imprisonment.

Article 78. Exemption from criminal liability due to the expiration of the statute of limitations

1. A person is released from criminal liability if the following periods have expired from the date of commission of the crime:

a) two years after committing a crime of minor gravity;

b) six years after committing a crime of average gravity;

I hope for your positive feedback.

Isaeva Elena Vladimirovna(04/07/2014 at 20:06:59)

I'm preparing an answer

Mikhailovsky Yuri Iosifovich(04/07/2014 at 20:12:05)

Good evening! It is impossible to bring to criminal responsibility the person guilty of committing a crime under Article 135 of the Criminal Code of the Russian Federation, Depraved acts, part 1, which were committed in 2003 under current legislation due to the expiration. Article 78 of the Criminal Code Russian Federation. Exemption from criminal liability due to expiration of the statute of limitations 1. A person is released from criminal liability if the following periods have expired from the day the crime was committed: a) two years after the commission of a minor crime; b) six years after committing a crime of average gravity; c) ten years after the commission of a serious crime; d) fifteen years after the commission of a particularly serious crime. 2. The statute of limitations is calculated from the day the crime was committed until the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently. 3. The running of the statute of limitations is suspended if the person who committed the crime evades investigation or trial. In this case, the running of the limitation period is resumed from the moment of detention of the specified person or his surrender. 4. The issue of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment is decided by the court. If the court does not consider it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment are not applied. Article 135 of the Criminal Code of the Russian Federation. Depraved acts 1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person under the age of sixteen, is punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it.

Maitakova Tatyana(04/07/2014 at 20:32:37)

Hello. It is impossible to attract due to the expiration of the statute of limitations.

Kirsanov Sergey Ivanovich(04/09/2014 at 00:07:00)

Hello! According to Part 1 of Article 9 of the Criminal Code of the Russian Federation, “The criminality and punishability of an act are determined by the criminal law in force at the time the act was committed.” On the Consultant-plus website there is the text of the Criminal Code of the Russian Federation dated June 13, 1996, as amended on July 7, 2003. Article 135. Depraved acts, reads:

Committing indecent acts without the use of violence against a person known to be under fourteen years of age -

is punishable by a fine in the amount of three hundred to five hundred minimum sizes or in the amount or other income of the convicted person for a period of three to five months, or by restriction of liberty for a term of up to two years, or by imprisonment for a term of up to three years. http://www.consultant.ru/document/cons_doc_LAW_43266/?frame= 17#p1218

ConsultantPlus, 1992-2014

Thus, from the moment the law came into force on July 7, 2003, Article 135 had only one part and covered cases of indecent acts only with the participation of a victim who was known to be under 14 years of age. The previous edition since 1996 is the same. Therefore, if the specified incident occurred before December 2003 and the victim was more than 14 years old there was no such element in the actions of the perpetrator at all. The next edition of Article 135 with one wording and establishing the age of the victim at 16 years old was published on December 8, 2003 No. 162-FZ.

As for the statute of limitations for bringing to criminal responsibility, if we assume that a crime with a similar composition was nevertheless committed then, the victim appealed to the investigative authorities and a criminal case was initiated, it should be remembered that in accordance with Part 3 of Article 78 connection with the evasion of the guilty person from the investigation and trial, the running of the statute of limitations is suspended for an indefinite period of time and is resumed only from the moment of detention of the guilty person or his surrender. If the victim did not contact law enforcement agencies, then the crime most likely belongs to the category of latent (hidden) and once the statute of limitations has expired (for example, the same two years), it is no longer possible to prosecute the guilty person.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen -

shall be punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to three years. for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.

2. The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years and with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, committed in relation to two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

4. Acts provided for in parts one, two or three of this article, committed by a group of persons by prior conspiracy or by an organized group, -

shall be punishable by imprisonment for a term of seven to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

5. An act provided for in part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Comments on Article 135 of the Criminal Code of the Russian Federation

The object of the crime is sexual integrity, the normal physical and moral formation of a minor. Victims of this crime can be female or male persons who were under sixteen years of age at the time of entering into sexual contact with adults (adults) (see commentary to Article 134 of the Criminal Code of the Russian Federation). For the existence of a crime, it does not matter whether the victim (victim) has sexual experience or not. Also, the voluntary consent of the victim (victim) to commit indecent acts does not matter.

The objective side of the crime is the commission of various acts of a sexual nature aimed at satisfying the sexual passion of the perpetrator or awakening sexual desire (passion) in the victim. These actions, in their content and form of expression, have the ability to have a corrupting influence on the persons in relation to whom they are committed. Depraved actions can be expressed in cynical conversations on sexual topics in the presence of children, adolescents, or demonstration of pornographic products. Such actions also include physical indecent touching of teenagers, the perpetrator showing his genitals or exposing the victims at his suggestion, etc.

Committing sexual intercourse, sodomy or lesbianism without the use of violence with a person under the age of sixteen and puberty entails liability under Art. 134 of the Criminal Code of the Russian Federation. Forcible influence on a person under sixteen years of age for the purpose of using him for sexual acts, depending on the specific circumstances, is qualified under Art. Art. 131, 132 or 133 of the Criminal Code of the Russian Federation.

The crime specified in Art. 135 of the Criminal Code is considered completed from the moment of commission of any of the actions named therein. The corpus delicti is formal.

From the subjective side, depraved acts are committed only with direct intent. The perpetrator is aware that he is committing lewd acts against a person under sixteen years of age and desires their commission.

A special subject of a crime is a sane individual who has reached the age of eighteen.

All qualifying signs of depraved acts are similar to the qualifying signs of the crime provided for in Art. 134 of the Criminal Code of the Russian Federation (see commentary to this article).