Full text of Art. 135 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 135 of the Criminal Code of the Russian Federation.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in respect of a person who has not reached the age of sixteen, -
shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of 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 occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against 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 up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -
shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -
shall be punishable by deprivation of liberty 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.

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

1. Composition of the crime:
1) object: public relations in the field of protection of the sexual inviolability of minors (here - persons under the age of 14);
2) the objective side: characterized by the commission of various depraved acts (of a non-violent nature and outside the context of sexual intercourse) in relation to a person under the age of 14, which can be varied (touching and feeling the victim's genitals, inserting a finger into the girl's vagina, committing sexual intercourse in the presence of the victim, showing pornographic printing images, videos, as well as reading pornographic literature);
3) subject: a male or female person who has reached the age of 16;
4) subjective side: direct intent. The criminal law points to knowing the age of the victim. If a person did not know and could not know that he was committing indecent acts against a person under the age of 14, then there is no corpus delicti in his actions. The goal may be to satisfy a sexual need or to corrupt a teenager.

Qualified compositions of this act:
- an act committed against a person who has reached the age of twelve, but has not reached the age of fourteen (part 2 of article 135 of the Criminal Code of the Russian Federation);
- acts provided for in part 1 or 2 of the commented article, committed against two or more persons (part 3 of article 135 of the Criminal Code of the Russian Federation);
- the acts provided for by Part 1, 2 or 3 of the commented article, committed by a group of persons by prior agreement or by an organized group (Part 4 of Article 135 of the Criminal Code of the Russian Federation);
- an act provided for in part 2 of the commented article, committed by a person who has a previous conviction for a previously committed crime against the sexual integrity of a minor (part 5 of article 135 of the Criminal Code of the Russian Federation).

2. Applicable law:
1) the Constitution of the Russian Federation (part 1 of article 38);
2) Convention on the Rights of the Child (Part 1, Article 19, Article 34, etc.);
3) the Criminal Code of the Russian Federation (Article 242.1);
4) Federal Law "On the protection of children from information harmful to their health and development" (Art. 5, etc.);
5) Federal Law "On administrative supervision of persons released from places of deprivation of liberty" (Article 3).

3. Judicial practice. Decree of the Supreme Court of the Russian Federation of June 15, 2004 N 11 "On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code Russian Federation"It was clarified that when deciding on the criminal liability of persons who have reached the age of 16 for coercion to acts of a sexual nature (), as well as for indecent acts against a person who is known to be under the age of sixteen (Article 135 of the Criminal Code of the Russian Federation), it is necessary take into account that the law in these cases is aimed at protecting normal development both minors. Based on this, the court must take into account the age of both minors, the data characterizing their personalities, the severity of the consequences that have occurred and other circumstances of the case (paragraph 18). Also, the mentioned resolution clarified that the courts must comply with the requirements of the law (Article 60 of the Criminal Code of the Russian Federation) on imposing a fair punishment on the guilty within the limits provided for by the sanctions of the relevant articles of the Criminal Code of the Russian Federation, taking into account the nature and degree of public danger of the crime committed, their personality, circumstances of the case, mitigating and aggravating punishment, the relations between the victim and the guilty person that preceded the crime, as well as the impact of the imposed punishment on the correction of the convict and on the living conditions of his family.

1. Commitment of depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen, -

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same deed, committed in respect of 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 occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs one or two of this article, committed in respect of 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 up to twenty years.

4. The deeds provided for by the first, second or third parts of this article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

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

shall be punishable by deprivation of liberty 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.

Commentary on Art. 135 of the Criminal Code of the Russian Federation

1. The main object of the crime is the sexual inviolability of minors, their normal moral and physical development, and health. Victims under part 1 can be persons of both sexes who have not reached puberty and the specific age specified in the law - who have reached the age of 14, but have not reached the age of 16.

2. The objective side is characterized by depraved acts committed without the use of violence against a minor who has not reached the age and sexual maturity specified in the law.

3. Depraved are actions aimed at satisfying the sexual passion of the guilty person or at inciting an unhealthy sexual desire in a minor, not related to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature. Such actions are characterized by the fact that they arouse an unhealthy sexual interest in minors, have a negative, corrupting effect on their development, upbringing, forming the rules of obscene, immoral behavior in relations between the sexes, etc.

4. Lewd acts can be both physical and intellectual.

Typical physical depraved acts are the exposure of the genital organs of the guilty or injured person, touching them, palpation, taking obscene forms, making obscene gestures, sexual intercourse, other sexual acts in the presence of a minor, inducing to engage in masturbation, masturbation, etc.

Typical depraved acts of an intellectual nature are the demonstration of pornographic materials, objects, audio, film or video recordings, images of a pornographic nature, reading pornographic literature, conducting conversations, conversations, stories on sexual topics of a cynical nature, etc.

5. The crime is considered completed from the moment the indecent acts begin.

6. The subjective side of the crime is characterized by direct intent.

7. The subject of the crime is a sane person, male or female, who has reached the age of 18.

8. Part 2 of the commented article establishes liability for the same act committed against a person who has reached the age of 12, but has not reached the age of 14.

9. Part 3 of the commented article establishes responsibility for the acts provided for in part 1 or 2 of this article, committed against two or more persons.

10. About qualifying signs by a group of persons, a group of persons by prior agreement or an organized group, see comments. to Art. 35.

11. Part 5 of the commented article establishes responsibility for the acts provided for in part 2 of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor (see commentary to article 131).

12. If indecent acts were part of the crimes that followed them, under Art. Art. 131 or 132, or Art. 134 of the Criminal Code, the deed is fully covered by these compounds and does not form a combination with the commented article.

Criminal Code, N 63-FZ | Art. 135 of the Criminal Code of the Russian Federation

Article 135 of the Criminal Code of the Russian Federation. Lewd acts (current edition)

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

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of 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 occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against 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 up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by deprivation of liberty 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.

• BB code
• Text

Document URL [copy ]

Commentary on Art. 135 of the Criminal Code of the Russian Federation

Judicial practice under Article 135 of the Criminal Code of the Russian Federation:

• Decision of the Supreme Court: Ruling N 127-APU16-5, Judicial Collegium for Criminal Cases, appeal

  Under such circumstances, the presence in the case of two certificates, in which the series of the passport of the Republic of Uzbekistan, issued to Kim I.N., is indicated differently, does not cast doubt on the conclusions of the court. actions Kim AND.GN, provided for by paragraph.n. “b”, “c”, “d”, “e”, “h”, “and part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan, for which he is held liable in the Republic of Uzbekistan, are criminally punishable in the Russian Federation and comply with paragraphs. "a", "d", "d" part 2 of Art. 127.1 of the Criminal Code of the Russian Federation providing for punishment in the form of imprisonment for up to 10 years. There are no circumstances that would prevent the extradition of Kim I.N. ...

• Decision of the Supreme Court: Ruling N 11-APU15-22, Judicial Collegium for Criminal Cases, appeal

  As follows from the submitted materials, the act, in which Batorshin Z.G. is accused, falls under the signs of a crime under paragraphs "b", "h", "and" part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan and, accordingly, paragraphs "a", "d", "d" part 2 of Art. 127-1 of the Criminal Code of the Russian Federation. Both under the Criminal Code of the Republic of Uzbekistan and the Criminal Code of the Russian Federation, these criminal acts are punishable by imprisonment for a term of more than one year...

• Decision of the Supreme Court: Ruling N 35-APU15-14, Judicial Collegium for Criminal Cases, appeal

  From the submitted materials it is also seen that B.T. Tukhtaev was convicted of committing a crime under paragraphs. "in, e, h, and" part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan, then the previously charged Tukhtaev B.T. supplemented by paragraph “d” part 3 of Art. 135 of the Criminal Code of the Republic of Uzbekistan These actions correspond to paragraphs. "g, e, h" part 2 of Art. 127.1 of the Criminal Code of the Russian Federation and paragraph “in part 3 of Art. 127.1 of the Criminal Code of the Russian Federation (human trafficking, that is, the sale and purchase of a person committed with the movement of the victim across the state border and with illegal retention of him abroad, with the seizure of documents proving the identity of the victim ...

+More...

Illegal actions of one person in relation to another are punished by law.

Acts committed against minor children are especially severely punished.

Thus, liability for indecent acts is regulated by Art. 135 of the Criminal Code of the Russian Federation. Such an act is punishable by law.

What is indecent acts? The concept is not defined in the law. The definition is presented in the Decree of the Plenum of December 04, 2014, No. 16.

Paragraph 17 of this document states that any actions, with the exception of sodomy, lesbianism, sexual intercourse, which are directed against teenagers 12-16 years old to satisfy the sexual desire of the perpetrator, or to arouse the victim, or arouse interest in sexual intimacy. Such acts are committed without sexual violence.

Speaking specifically, what refers to indecent acts, then these are the following physical acts:

• intimacy, which is carried out in front of a teenager under 16;
• showing the genitals;
• poses of a sexual nature, demonstrated to the child;
• touching the sexual organ on various parts of the body of a teenager.

Depraved acts also include immoral acts:

• demonstration of photos and videos that depict sexual scenes or naked people;
• conversations of a sexual nature, but not introductory, but arousing interest in intimacy.

The crime for which the provided criminal liability is sexual depravity against a teenager 12-16 years old.

A qualifying feature is also an act directed against 2 or more children.

In the event that such actions ended in sexual intercourse, which was confirmed by the examination, then this is considered another crime.

Such acts are considered as rape, for which liability is provided for under Art. 134 of the Criminal Code of the Russian Federation.

Each paragraph of the article has its own explanations:

If a citizen has previously been held accountable for such acts, then the sentence is toughened, and the term of imprisonment is increased to 12 years.

Depraved acts against minors committed by a group of persons are punished more severely. In this case, each participant in illegal acts can receive up to 15 years in prison.

Such penalties remain relevant in 2020.

Judicial practice has a lot of cases related to indecent acts. As a rule, stepfathers or stepmothers, neighbors, friends of parents, employees of educational institutions try to seduce minors.

One of the cases involved the civil husband of the mother of a 12-year-old minor girl. As part of the crime, it was stated that the man regularly showed the girl his penis and forced him to watch pornographic films with him.

The guilt of the defendant was fully proven. As a result, for the crime, the man received 8 years of arrest with serving in a general regime colony. The convict was also banned from working in educational institutions for 10 years.

There was also a case in judicial practice when an 18-year-old boy communicated with his neighbor in in social networks. The teenager was 15 years old.

The young man began to send the girl photos of his penis and pornographic videos. Parents learned about this correspondence and contacted law enforcement agencies.

The case was investigated. The accused did not deny his guilt, but fully confirmed it and repented. This allowed the judge to commute the sentence. As a result, the defendant received 440 hours of corrective labor.

Crimes against minor citizens of the Russian Federation are always punished with all severity.. For this reason, real deprivation of liberty is provided for indecent acts, which is what Article 135 of the Criminal Code of the Russian Federation is about.

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

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of 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 occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against 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 up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by deprivation of liberty 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 to Art. 135 of the Criminal Code of the Russian Federation

1. The object of the crime is sexual inviolability, as well as the physical and moral development of minors. Victims may be persons of both sexes who have not reached the age of 16.

2. From an objective point of view, the crime in question consists in committing depraved acts without the use of violence against a person who is obviously under 16 years of age. The law refers to the commission of such actions, which, on the one hand, are aimed at satisfying the sexual lust of the perpetrator, and on the other hand, can cause sexual arousal in a boy or girl, arouse an unhealthy sexual interest in them, have a corrupting effect, which negatively affects moral and physical education of the child.

There are two conditional types of indecent acts: physical and intellectual. Physical depraved actions can be expressed in exposing the genitals of the victim (victim), the guilty person himself, touching them, masturbating, etc.

In the special forensic literature, it is noted that typical signs of indecent acts committed with harm to the health of the victims are isolated injuries in the genital area and on the body, tears of the hymen, hemorrhage in the thickness, on the edge or at its base, cracks, tears , scratches on the mucous membrane of the entrance, small lips, tears or hemorrhages in the area of ​​​​the external opening of the urethra, etc.

Depraved acts of an intellectual nature are aimed at forming in persons under the age of 16 the standards of immoral, obscene behavior. They are expressed in the demonstration of pornographic objects and publications, in the reproduction of audio and video recordings of a similar nature, in sexually cynical conversations, etc.

All depraved actions are grouped as follows: a) actions against minors themselves; b) inducement or coercion of minors to commit sexual acts against the perpetrator or another adult; c) commission of sexual acts by adults in the presence of minors; d) inducement or coercion of minors to commit sexual acts among themselves.

3. The crime is considered completed from the moment of committing the actions specified in the law. The consent of the victim has no legal value.

4. From the subjective side, the crime is characterized by direct intent. The person is aware that he is committing depraved acts without the use of violence against a person under the age of 14, and desires this.

5. The subject of a crime may be a male or female person who has reached the age of 18.

6. Indecent acts committed against a person knowingly under the age of 14 years and 12 years are covered, respectively, by Parts 2 and 3 of Art. 135 of the Criminal Code.

When the act in question is committed in relation to the indicated victims by a group of persons by prior agreement or by an organized group, liability arises under part 4 of the commented article.