Correspondence with a minor or a minor, can they put me in jail? The main question that interests everyone who types this phrase on the Internet. We answer! They can imprison, if a person has not reached the age of 14, then a term of 3 to 8 years in prison is threatened. And if an intimate correspondence with a minor was conducted, but the minor was under 16 years old, then the court may appoint up to 3 years in prison.
Nowadays, communication between people takes place at great distances from each other through Internet resources, applications, social networks, etc. People make new acquaintances and do not know the whole truth about their interlocutors, for example, you think that you are communicating with an adult, but in fact, this is a 13-year-old teenager who pretends to be an adult (adult) person. Now, more and more often, the parents of such teenagers check the computer, phone and find correspondence and photographs of their children of a sexual nature, and accordingly turn to law enforcement agencies for help.
Attention! If you are accused of correspondence with minors, if the police detained and the person was arrested, call our criminal lawyers immediately. There is no need to think and wait for the police to sort out everything that they suddenly let go. This is a very serious article, especially in relation to persons under the age of 14, a person can cross out his whole life even with the most innocent correspondence.
Correspondence with a minor, what threatens?
Correspondence with an uneasy minor, and a teenager under the age of 14, threatens with real imprisonment for a very long time. Punishment for any attempt at intimate correspondence with a teenage girl or teenage boy who is not yet 14 years old is a very serious crime, so expect it to be just pampering and it won’t cost you anything. If a statement is written by the parents and they immediately came to your apartment for a search, in order to suddenly seize all computers and phones (the police always come for such crimes without warning), so that the person would not be able to secure himself and “clean up” everything, call and politely ask you to come, they definitely won’t be there, they’ll just come right away with an urgent search, they will seize everything with witnesses, and the suspect will go straight to the police department and will be held there and interrogated. Therefore, if such a situation occurs, a lawyer is immediately needed. Straightaway! No testimony without a hired lawyer.
What kind of punishment and whether there will be a punishment at all and whether law enforcement agencies will be able to prove at least something in relation to you or your loved one depends entirely on the hired lawyer. These are not easy things. There are many opportunities for refutation of the accusation and reclassification of actions. Without a lawyer, you don’t need to say anything at all, then there may be nothing but a couple of explanations to the operatives and there will be no termination of the case due to lack of evidence.What influences punishment?
The main factor is, of course, the personality of the person who is accused of correspondence with minors. There is some evidence that this is a pedophile, for example, during a search in the apartment, materials were found that clearly indicate that a person is fond of minors on an ongoing basis. Watching porn videos with minors, magazines. This has a very bad effect on the punishment and the court will seek to give the maximum term, which is provided by law. And if this is an ordinary young man or not very young, who decided to chat a little with a teenage girl, and no materials were found on his phone or at home that compromised him as a pedophile, then here the court may not be so strict.
The nature of intimate correspondence also affects the punishment. Correspondence correspondence is different! It will be read and judged. You can have light correspondence with intimate hints (flirting), or you can have correspondence with various photographs of the genitals that a person sends or asks to be sent to him. Everything is individual! The personality of the minor also affects the punishment, which is the injured party. Many, many factors. And in the case when minors accuse a lot of harassment or correspondence, they do it for various reasons: selfish motives, personal resentment, hatred, a desire to avenge something. A lot of everything. The generation of the Internet is very advanced!
Correspondence with a minor in VK
Let's analyze one of the situations that, unfortunately, we (criminal lawyers) have to deal with more and more often. A case from life: a young man of 20 years old communicated with a girl on the Internet, all correspondence took place in VK (VKontakte) and was sure that she was 18 years old (so she told him), he asked to take a picture of his legs and send it to him, the girl did it, she asked to send his photo, in response, he also sent his photos naked to the waist (selfie with a naked torso in the mirror). The young man asked to send a photo of the girl's breasts, to which she refused. The correspondence ended, several months passed and the mother found this correspondence with her daughter on the phone and filed a complaint with the police, as the girl turned out to be 12 years old, for information, the young man and the girl live in different cities, at a distance of 900 kilometers from each other . As a result: a young man was detained and was in custody for a long time (the man spent about 9 months in a pre-trial detention center while the criminal case was being investigated) until our lawyers managed to free him.
In all cases that relate to minors and juveniles, criminal cases are always investigated for a long time. there is a lot of expertise to be done. Each examination is prepared for about 1-2 months, which is why the investigation can last up to a year, or even more, and all this time a person sits in a pre-trial detention center. But the main result, the guy is free. The court still considered it possible to give a suspended sentence. It was not easy to try to get the kid on probation. Let's hope he doesn't do this again.
Understand! Any correspondence with a minor on VK that contains at least some intimate conversations, photos, videos, pornography and the like can lead to serious consequences, so think a million times when you correspond with a minor on VKontakte, and even more so if it’s not just a minor , and a boy or girl who has not reached the age of 14, then this can provide you with a long term in prison for a long time.
Here, law enforcement agencies have a complete evidence base, they have the correspondence itself, full access to the VK account of a minor or minor, law enforcement agencies have testimony from a minor or minor victim, if correspondence with a minor in VK was conducted through a computer, then it turns out the IP address, the provider that provided access to the Internet, it turns out the address of the computer on which the correspondence was carried out and then finally find out who had access to this computer, if several people had access to the computer, then everyone is interrogated.
Correspondence via "Viber" or "Whats App" with a minor or minor
And if the correspondence with the minor was not conducted on Vkontakte, but via Viber or Whats App by phone, then it’s even easier here, you just need to find out your mobile operator who provided access to the Internet and the SIM card with the person’s data will be immediately at the law enforcement agencies and that's all, this is quite enough for arrest and further detention if there was an intimate correspondence with a minor.
And if the SIM card is not registered in your name or you bought a SIM card without a passport for a complete stranger?
This will only slightly complicate the work of law enforcement agencies, they will have to make billing and detailing of SIM card calls. All movements of the phone with this SIM card, even when it is turned off, are visible, all movements of the phone are found out, the IMAI data of the phone is found out, who has access to this phone, the location of this phone, the main addresses where the person happens to be. All these actions are done very quickly, because. mobile operators within two weeks usually provide all the data about the phone and its movements and calls for almost any period of time.
And if the correspondence was deleted?
If the correspondence with a minor has been deleted, both on your phone and on the minor’s phone, delete messages from both the sender and the one to whom the messages were sent through the “Viber” or “Whats App” function. Yes, this will significantly complicate proving guilt, but if a minor or a minor indicates in her testimony that they corresponded with her about things of a sexual nature, showed her genitals on video or asked to send her private parts of the body, then even without the absence of saved correspondence, 50% of what you will remain in custody. The worst thing is that the person with whom the correspondence is being conducted has reached the age of 14, because all correspondence with a minor in VK and other applications with a minor (a person under the age of 14) entails severe prosecution and punishment. Correspondence with minors does not entail such serious consequences!
Under what article does correspondence with minors fall under?
This is considered indecent acts and falls under Article 135 of the Criminal Code of the Russian Federation.
Article 135 of the Criminal Code of the Russian Federation. indecent 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 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 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. The 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 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.
A draft law has been submitted to the State Duma for consideration, according to which correspondence on the Internet between an adult and a child, which is of an intimate nature, will be punished from 5 to 12 years in prison. put an end to the impunity of pedophiles who are actively mastering modern means of communication in order to corrupt children. "Whatever is banned in real life should be banned on the Internet," she said.
The Criminal Code already has an article establishing criminal liability for sexual depravity against minors without the use of violence - this is Art. 135 of the Criminal Code of the Russian Federation. The commentary to the article describes what exactly can be qualified as indecent acts with children under the age of 16. The detailed list even includes cynical conversations aimed at arousing the child's sexual instinct.
It would seem that today the law comprehensively protects children from direct attacks on their sexual integrity, and from not so direct corruption, showing that the spiritual integrity of the child is also a value that needs protection no less than the body. For example, Art. 134 of the Criminal Code of the Russian Federation on violence against a person who has reached the age of 12, but has not reached the age of 14, provides for punishment from 3 to 10 years. And Art. 135 of the Criminal Code of the Russian Federation on the commission of indecent acts without the use of violence against children of the same age speaks of punishment in the form of imprisonment from 3 to 8 years. It turns out that the law is strict and specific, putting a barrier to perverts of all stripes, parents can sleep peacefully.
It wasn't there. Pedophiles quickly began to master the unique properties of modern means of communication and Internet technologies: the ability to remain anonymous in communication and use any mask that is convenient for you, the ability to instantly contact a large number of users of all ages, and finally, the ability to quickly exchange video and photo information. The law, which did not keep pace with technological progress, left not just loopholes - huge holes, and they immediately began to use this.
Today, for a pedophile, getting to know children on the Web is the easiest way to establish contact with a youngster, says Denis Davydov, chairman of the board of the Safe Internet League.
Parents of a child who has gone headlong into a computer game or hangs out at night in chats, most often do not even know what kind of stranger their child can meet on the Internet. The smaller the child, the more open and naive he is. The higher his chances of becoming an object of manipulation. And not everyone will share their newly acquired experience with their parents.
Employees of the Safe Internet League conducted an experiment: in the most popular Russian social networks, they registered pages on behalf of underage users aged 10 to 14 years. We supplied these accounts with details of the life of a fictional child, a large number of photographs, comments, in a word, created the appearance of real children and began to observe what would happen next. The discovery did not please: pedophiles made contact with a fake child within the first 48 hours! It was not difficult for adult employees of the Safe Internet League to understand the intentions of a new interlocutor: the person started a conversation, usually starting with compliments, skillfully interested in the child’s problems, trying to gain confidence in him, to impress a kind and caring senior mentor or, conversely, his own on the board peers with the same interests. It was obvious that the newly found "friend" was trying to feel for the child's weaknesses, to determine his desires, to find out what he dreams of. After such a reconnaissance in battle, the "friend" smoothly translated the conversation into the direction he needed, and it was always the topic of sex. After one or two conversations, the pedophile agreed with the child about the time and place of the meeting. Surprisingly, the adult uncle was not embarrassed either by the young age of the interlocutor, or by the presence of his parents.
Parents do not even know what kind of experience their child gets while walking on the World Wide Web.
Corruption of children through correspondence in social networks is no longer isolated cases, but a whole industry working for the production of child pornography commissioned by wealthy perverts, says Anna Levchenko, assistant to the children's ombudsman Pavel Astakhov, head of the "Surrender a Pedophile" movement. - Pedophiles-blackmailers force children to send them photos of a depraved nature and even force themselves with objects, threatening that they will tell their parents and classmates what stage the correspondence has reached. Over the past year, the number of calls to the "hot line" "Hand over a pedophile" has increased significantly, and most often they report harassment of minors on the Web.
So far, such a qualifying sign as the commission of indecent acts using information and telecommunication networks, in Art. 135 of the Criminal Code of the Russian Federation is not provided for, - Elena Mizulina explained to RG. - As a result, the most common forms of indecent acts, including through the exchange of obscene photos using mobile devices, communication of pedophiles with children in online games remain beyond the reach of law enforcement agencies.
Now, even if parents find claims to their child and come with a statement to law enforcement agencies, they will be denied a criminal case. Under the pretext that communication was virtual, and virtual indecent acts are not punishable.
Parents are told: you have no real contact between a pedophile and a child. When there is a real contact, then come, - says Anna Levchenko. - The adoption of the bill will help reduce the number of unsolved crimes against children and achieve the inevitability of punishment for harassment of children on the Web.
The bill proposes to consider depraved acts committed with the use of information and telecommunication networks as the most socially dangerous form of corruption of children. Such a crime is comparable to depraved acts committed against two or more children, for which punishment is provided - from 5 to 12 years in prison. If the bill is passed, law enforcement agencies will receive an additional tool in the fight against pedophiles who seduce children on the Internet.
It is not difficult to technically determine the owner of a computer, phone, iPad and other toys from which corrupting messages were sent. To prove the presence of corpus delicti in his actions, too. The only thing left behind is the legal framework. We think there is no need to delay. After all, no one has investigated how devastating for a child such meetings with pedophiles on the Web can be, says Denis Davydov.
The legislative initiative also provides for changes in Art. 242.1 of the Criminal Code of the Russian Federation ("Production and circulation of materials or objects with pornographic images of minors"). The amendment to this article is of a technical nature and simplifies its application in practice.
Statistics
Today, 72% of Russian teenagers are active Internet users. A joint study conducted by MTS, Kaspersky Lab and the Safe Internet League showed that every second minor in Russia has a personal computer, and 40% of teenagers have access to the Internet via smartphones. And every second child over the age of 7 has at least once encountered a pedophile on social networks, and every third child has been sent pornographic photos and videos. Moreover, in 90% of cases, such a lover of online communication pretended to be a peer of his underage interlocutor.
That's right, let them call a summons. Perhaps they are trying to extort you.
In this case, you can contact the police yourself.
It is not a fact that the person who called you is really an investigator. But who called said to drive to the 62nd police department
228 article
Just make sure you don't get drugged. Ask an additional question Correspondence is the basis for conducting an operational search in your respect upon receipt of information about the sale.They will dig Ask an additional question (Leningrad and the region) Piterov Vyacheslav Legal services in the Russian Federation: inheritance, family, housing and other disputes, real estate transactions ... Meshcheryakova Olga Vasilievna Sokolov Dmitry Gennadievich
Does the Ministry of Internal Affairs of Russia have the ability to track personal correspondence on VKontakte?
The Ministry of Internal Affairs did not like this and they wanted to “privatize” part of these server capacities, having previously combined them into a common dynamic space. But a motivated refusal was waiting for them from the owners - this is technically impossible.Buy your servers, and we will provide you with one-way high-speed access and arrange for yourself "caches" of any size and do what you want with them!
But these are huge sums of money, they are not in the state treasury, and forcing the oligarchs to “shake off their money” is a hopeless undertaking.
Blackmail and extortion VKontakte
That is, if a swindler just wrote that he wants to send information compromising you to his friends, but has not yet done so, this is already considered extortion. The popular social network is one of the favorite places for a variety of blackmail scammers.Today we will look at three of the most popular ways to ruin the life of an ordinary person: Criminal liability for Internet extortion Blackmail with pictures, videos and correspondence of an intimate nature is a criminal offense.
blogger code
According to her, not only a case was brought against the well-known blogger Anton Nosik, who called for “wiping Syria off the face of the Earth,” but ordinary people are also tried, like a single mother, Ekaterina Vologzheninova, who posted poems and pictures on VKontakte in support of the revolution in Ukraine. After the adoption of the bill, Yarovaya will be imprisoned for extremism for eight years instead of four and deprived of the right to engage in professional activities for ten (which professions the restriction will apply to is not specified).In Article 148, a new chapter "Promotion of extremism" appeared.
Correspondence in social networks with a child
(Kamchatsky Krai, Vilyuchinsk) I had a similar story a couple of years ago, although then the girl said that she was 20 years old and posted someone else's photo.When I found out that she was 15, I immediately shamed her and stopped communicating. It seems that everything is quiet and calm, no one came and took it with handcuffs! :-) October 15, 2015, Thursday, 18:51 Fadeev Maxim (Republic of Chuvashia, Cheboksary) Urgent questions March 19, 2019, Saturday, 00:23
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Now in our age of information technology, there are plenty of ways for virtual communication - here and email, and social networks, and instant messengers. Some people believe that the Internet can reliably keep them incognito, and they can do absolutely anything with impunity.
In fact, this is not so, and in the event of the start of operational-search measures, it will be possible to establish the true culprit.
For example, some young people have an irresistible desire to chat with their virtual girlfriends on various kinds of erotic topics. Is such communication safe from the point of view of the law, or is there something to be afraid of?
Rules of law
It is possible to prosecute the talkative Casanova under Article 135 of the Criminal Code of the Russian Federation, which establishes a ban on indecent acts, but only if the following conditions are met:Correspondence is conducted by a person who has reached the age of 18 years (guilty);
The addressee of the messages is a person who is not yet 16 years old (victim);
It will not matter what gender the persons leading the conversation “about it” will be, as well as who initiated the conversation on the “hot topic”.
It can be very difficult to prove that the interlocutor did not know that the other party is under 16 years old. The fact of personal acquaintance, photos and information from social networks can be taken into account.
So after all there was no debauchery!
Persons who are accused under this article often say that they did not commit any depraved acts, they only refreshed topics covered in biology about the sexual reproduction of mammals from a scientific point of view in correspondence, and in general “they have never seen a youngster in the eyes.” Say, what can be debauchery that just talked on the Internet?In accordance with the explanations of the Plenum of the Supreme Court, contained in the Decree of December 4, 2014 No. 16, any actions aimed at awakening the interest of a person under the age of 16 in sexual relations or arousing the last desire to engage in carnal pleasures can be recognized as depraved.
At the same time, the Resolution notes that indecent acts can be carried out both via the Internet and via any other telecommunication networks.
Thus, if it follows from the correspondence that the perpetrator in one way or another stirred up the victim's interest in sex, he may well be held liable under Article 135 of the Criminal Code of the Russian Federation.
Punishment under the article is provided up to real imprisonment.
If you do not want to find yourself in a similar situation, you do not need to start chatting on erotic topics on social networks with people whose age you are not sure. This can lead to serious legal trouble.
