What is the crime of child molestation? I saw a pair of 13 boys and girls have a good relationship, and sometimes they will come and go, but the motivation has nothing to do with sex.

The crime of child molestation refers to the obscene behavior against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. /kloc-Boys and girls under 0/4 can be victims of this crime or obscene objects. The obscene means include touching, licking, sucking, kissing, cuddling, masturbating, sodomy, etc.

Conceptual editing

The crime of child molestation refers to the obscene behavior against children (including boys and girls) by means other than sexual intercourse for the purpose of stimulating or satisfying the sexual desire of the implementer.

Component editing

Object element

The object of this crime is children's physical and mental health and personal dignity. The object of this crime is children, that is, 14 minors, including boys and girls.

Objective elements

Objectively, this crime is manifested as obscene behavior against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. Touch, lick, suck, kiss, hug, masturbate, sodomy and other obscene means.

Theme element

The subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

subjective factor

Subjectively, this crime shows direct intention, and indirect intention and negligence do not constitute this crime.

Case introduction editor

Zhang is a math teacher in a middle school. Before and after the National Day in 2006, she molested Xiaojing (pseudonym, 1993), Xiaowen (pseudonym, 1993) and Xiaoling (pseudonym, 1993) in the classroom, dormitory and office. The court finally sentenced Zhang to one year and six months in prison for child molestation.

(2) Cai, a PE teacher in a middle school, drank too much at noon. One afternoon in September 2007, she arranged for leg press, a student, to hold the waist of six female students, including Han Xiao (pseudonym, born in 1994) and Koharu (pseudonym, born in 1994), from behind until the victim cried. After reviewing the case, it is considered that the criminal suspect Cai's behavior is obviously minor and cannot be treated as a crime. The investigation organ will cancel the transfer for review and prosecution, and it is recommended to give administrative punishment.

(3) The defendant, Qi Mou, used his special status as the head teacher to molest many young girls in rape 2. The case was protested by the Supreme People's Procuratorate, and after the Supreme People's Procuratorate attended the Supreme Judicial Committee to express his opinions, the Supreme People's Court made a final judgment, and found that Qi, the defendant in the original trial, was convicted of rape, sentenced to life imprisonment and deprived of political rights for life; He was convicted of child molestation and sentenced to fixed-term imprisonment 10 years; Decided to execute life imprisonment and deprive political rights for life.

(4) Defendant Luo threatened 13-year-old girl Xiaoyu in QQ chat under a false identity, forcing her to take a selfie and send it to her for viewing. In the process of handling the case, the judicial organs adopted the protest opinions of the procuratorial organs, and found that Luo had constituted the crime of molesting children (accomplished), which should be severely punished according to law and sentenced to two years in prison. [ 1]

(5) During his tenure as the head teacher of a grade in a primary school in Heze City, the defendant Song repeatedly committed obscene acts against many female students in the class in the classroom or office. Song's criminal behavior seriously violated the physical and mental health of underage students. 2065438+In May 2005, the Intermediate People's Court of Heze City, Shandong Province recently made a final judgment on a case of sexual assault on underage students, and sentenced the defendant Song to eight years' imprisonment for child molestation. [2]

(VI) On August 2, 2009, the Laoshan District People's Court of Qingdao publicly pronounced the case of foreign teachers molesting children in Wankecheng Kindergarten in Shibei District of Qingdao, and sentenced the defendant Ma Iorga heredia Daniel osvaldo (English name: DANIEL OSWALDO) to five years' imprisonment and deported. [3]

(7) From May, 438+05 to June, 201kloc-0, the defendant Jiang made up his identity and lied that he recruited child stars on behalf of "Xingye Child Star Development Studio", "Great Wall Film and Television" and "Yiran Child Star Studio" to meet girls on QQ chat software, so as to test his figure proportion and figure. In addition, it also threatened to expose nude photos and forced some girls to chat naked. Up to the time of the crime, as many as 365,438+0 children were found to have been molested. The Xuanwu District People's Court of Nanjing held through trial that the defendant Jiang Moumou used the online platform to molest many children who knew that he was dissatisfied with 14 years old, which constituted the crime of molesting children and should be severely punished, so he was sentenced to fixed-term imprisonment 1 1 year according to law. [4]

(VIII) Defendant Li (male) is a substitute teacher in a township primary school in Danfeng County. From May, 20 15 to May, 20 16, the defendant Li repeatedly molested many girls under the age of 12 in classrooms, offices and other places to satisfy her lust. The court held that the defendant Li repeatedly molested many children in public places, which infringed on children's physical and mental health. His behavior has constituted the crime of child molestation, and his behavior is bad, which has a very bad social impact and should be severely punished. 20 16 10, Danfeng county people's court made a first-instance judgment on a case in which a rural teacher molested several girls, and sentenced Li to 10 years' imprisonment for molesting children. [5]

(9) At the end of March, 2065438+04, Hu made a phone call in the park near his home, when a group of primary school students were playing around. He rushed up and hugged one of the girls, pushed her to the grass, forced her pants off, then took off her underwear and touched the girl's buttocks. Fortunately, I was frightened by the girl who touched my ass and struggled to tell my mother. He immediately let go and fled the scene in fear. 20 14 On February 25th, Wenzhou ouhai district People's Court made a first-instance judgment on this case, and Hu was convicted of child molestation and sentenced to five years' imprisonment. [6]

(10) From September 2065438 to May 20 13, the defendant Tao Biaogong was influenced by watching obscene videos when he was a second-grade Chinese teacher at Shangyuan Primary School in Fanzhen, Ruichang City. In class, in the name of checking students' homework and endorsement, he repeatedly called seven female students in the class to the back of the classroom or on the podium for obscenity, causing the victim to get sick. 201310/8 at 3: 00 pm, Ruichang people's court publicly pronounced the criminal part of the case of child molestation by the defendant Tao Biaogong, and sentenced the defendant Tao Biaogong to 14 years' imprisonment and four years' deprivation of political rights for child molestation.