How many years can be sentenced to the crime of compulsory indecency?

1、 How many years can be sentenced to the crime of compulsory indecency?

1. Suspected of compulsory indecency, may be sentenced to less than five years fixed-term imprisonment perhaps criminal detention 。

《 criminal law 》Article 237

Whoever acts indecently against another person or insults a woman by violence, coercion or other forced means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever gathers a crowd or commits the crime mentioned in the preceding paragraph in public in a public place, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever molests a child shall be sentenced to fixed-term imprisonment of not more than five years; Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years:

（1） Indecent to more than one child or repeatedly;

（2） Gather people to molest children, or molest children in public in public places, to a flagrant extent;

（3） Causing child injury or other serious consequences;

（4） The means of indecency are abominable or there are other abominable circumstances.

2. The crime of compulsory indecency belongs to Crime of infringing citizens' personal rights and democratic rights 。

Compulsory indecency Crime of indecency against children It is placed in the fourth chapter of the Criminal Law, and the provisions of the sentencing standards for the crime of infringing citizens' personal rights and democratic rights in the fourth chapter.

2、 Does the act of indecency constitute a crime?

1. The act of indecency may not constitute a crime

(1) The circumstances of the indecency crime are obviously minor, and the harm is not serious, so it should be determined as innocent.

If the perpetrator's act of indecency against a woman is obviously minor and does little harm, it should be deemed innocent and can be done by the public security organ Public security punishment 。

(2) The act of indecency in a train sleeper belongs to the act of indecency in a public place

Public places refer to stations, docks, schools and other areas, where people often come and go with large flow of people, and the number of people is not specific. In this case, acts of indecency are even worse and should be severely punished.

(3) Whoever molests a girl under the age of 14 on a bus shall constitute a crime of child molestation

If the perpetrator molests a girl under the age of 14 on a city bus, he shall be convicted and punished as the crime of child molestation.

2. The Determination of Compulsory Ways in the Crime of Compulsory Indecency

Indecent acts against others must be enforced in order to meet the requirements of this crime, because coercion reflects the violation of the victim's sexual will. Coercion includes but is not limited to violence and coercion. Some people believe that the perpetrator must objectively use coercive methods to the extent that it is difficult for the victim to resist, so that the victim loses sexual autonomy and becomes a tool for the perpetrator to satisfy his desire.

3、 How to judge whether the crime of compulsory indecency has been committed?

1. Acts of forced indecency against others by violence, coercion or other means are crimes of forced indecency.

(1) Only when the degree of compulsion and indecency is relatively strong can the crime of compulsory indecency in the criminal law be constituted, otherwise, priority should be given to its application administrative sanction 。

(2) How can the degree of indecency be considered as "strong"? It needs combined punishment statute Determine the legal interests infringed by the compulsory indecency act. The factors that can be considered include the reason, manner, frequency of contact, the willingness of the victim, etc. These need to be documented evidence To prove it.

2. In practice, criminal acts and acts violating the administration of public security should be distinguished by the degree of social harm.

According to the principle of modesty in the Criminal Law, when other laws are applicable enough to restrain certain illegal acts and protect legitimate rights and interests, they should not be defined as crimes. In practice, this should also be determined by contacting the personal danger of suspects.

No one is allowed to commit indecent acts in a compulsory manner, because once such acts are committed, they may be sentenced for being found guilty of compulsory indecency by the court. If the offender How many years can be sentenced to compulsory indecency If there are other related questions, you can click the "Consult Now" button below, and we will match the specialty lawyer Answer your questions.