Article 133 of the Criminal Code of the Russian Federation in the new. Criminal Code on the composition of the crime and penalties for harassment

New edition Art. 133 of the Criminal Code of the Russian Federation

1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -

shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year, or by deprivation of liberty for the same term.

2. The same act committed in respect of a minor (minor), -

shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.

Commentary on Article 133 of the Criminal Code of the Russian Federation

1. The object of criminal encroachment is the sexual freedom of a person, his honor and dignity (see comments to Articles 131, 132). Victims can be either female or male.

2. The objective side is expressed in compelling a person to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature.

2.1. Coercion is a mental impact on a person in order to obtain consent to a single sexual intercourse or cohabitation, as well as to the commission of other acts of a sexual nature. Coercion takes place regardless of whether the guilty person acts in his own interests or in the interests of another person (relative, acquaintance, boss).

3. In contrast to the acts provided for in Art. 131, 132, the perpetrator achieves what he wants not through violence, the threat of its use, using the helpless state of the victim (victim), but by blackmail, the threat of destruction, damage or seizure of property or using material or other dependence.

4. Blackmail as a way of committing this crime is a requirement to commit the actions specified in the disposition of the article under the threat of disclosing any information. The nature of the information does not matter: it may be disgraceful or not, correspond to reality or be fiction, relate personally to the victim (victim) or her (his) relatives. It is important that the victim (victim) seeks to keep this information secret, and the threat of disclosure is used by the perpetrator in order to force her (him) to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature.

In the event that information about the victim (victim) or her (his) relatives of a knowingly slanderous or offensive nature is disclosed, as well as information about privacy persons constituting his personal or family secret, committed, in the presence of all necessary conditions, qualifies additionally under Art. 129, 130, 137.

5. The threat of destruction, damage or seizure of property is the next way to force a person to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature. It does not matter - the destruction, damage or seizure of what property (his or someone else's, movable or immovable) is threatened by the guilty person, as well as the method of such destruction, damage or seizure. It is important that this property represents a certain value for the victim (victim).

5.1. In case of destruction or damage to property (implementation of a threat), the actions of the perpetrator, if there are grounds for this, are additionally qualified under Art. 167. When seizing property, the deed, depending on the method of seizure, requires additional qualification under the article on crimes against property.

6. In order to achieve a criminal goal, the guilty person may take advantage of the material or other dependence of the victim (victim).

6.1. Material dependence means that the victim (victim) is dependent on the guilty person, lives in his living space, without having his own, is his debtor, heir, etc.

6.2. Another dependence means that the victim (victim) is in any other, for example official, dependence on the perpetrator. Service dependence is associated with the subordination of the victim (victim) to the guilty person in the service. In addition to official dependence, another dependence may arise during guardianship, guardianship, etc.

6.3. In order to bring the perpetrator to the UO, it is important to establish that he used material or other dependence, and such dependence was significant. If the victim (victim) is financially or otherwise dependent on the person, but coercion is not based on such dependence, in particular, there are no threats of infringement of legitimate interests, then the corpus delicti under Art. 133 is missing. This kind of coercion cannot be understood as the provision of any material or other benefits, as well as a promise to provide these benefits in the future.

7. The corpus delicti is formal. The crime is over (composition) at the moment of compulsion. The actual entry into sexual intercourse, the commission of other acts of a sexual nature is not required to recognize the crime as completed.

8. The subjective side of the corpus delicti is characterized by direct intent. The guilty person is aware that by blackmail, threat of destruction, damage or seizure of property, or using material or other dependence, compels another person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature, and desires this.

9. The subject of a criminal encroachment may be a physical sane person, both male and female, who has reached the age of 16.

10. Acts belong to the category of minor crimes.

Another commentary on Art. 133 of the Criminal Code of the Russian Federation

1. A person of any gender may act as a victim and a subject. Unlike violent sexual crimes, sexual freedom during the commission of the act in question is not eliminated, although it is constrained to a large extent by the fact of coercion.

2. The objective side of the crime is characterized by action - forcing the victim to have sexual intercourse, sodomy, lesbianism and other acts of a sexual nature. Coercion is a non-violent influence on the will of another person in order to obtain his consent to sexual intimacy.

3. Such influence becomes criminally punishable provided that it is committed using the following methods, the list of which is given in the law in an exhaustive way: a) blackmail, i.e. the threat of dissemination of compromising information, regardless of whether they correspond to reality; b) a threat of destruction, damage or seizure of property not only belonging to the victim or his relatives, but also entrusted to these persons, including that belonging to the guilty person himself; c) the use of material or other dependence of the victim. Material dependence is evident in cases where the perpetrator provides the victim with a livelihood in full or to a large extent (for example, the dependence of a stepdaughter on a stepfather). Another dependence is the relationship of control, subordination and accountability of some persons to others, in particular, the dependence of a subordinate or student on the boss and teacher, respectively. According to the meaning of the law, only such behavior of a person that endangers the legitimate rights and interests of the victim can be recognized as the use of dependence. In the event that a dependent person seeks to obtain any illegal or unreasonable benefits and privileges, it is not necessary to talk about forcing him to act of a sexual nature.

Full text of Art. 133 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 133 of the Criminal Code of the Russian Federation.

1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.

2. The same act committed in respect of a minor (minor), -
shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.

Commentary on Article 133 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: public relations in the field of protection of sexual inviolability and sexual freedom of the individual;
2) the objective side: it is characterized by an act in the form of an action - coercion of a person to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature, where coercion is a mental impact on the victim in order to obtain his consent to commit acts of a sexual nature (methods of coercion are indicated in part .1 commented article);
3) subject: a natural person who has reached the age of 16, while in the case of coercion using material or other dependence, it is necessary that the victim be in such dependence on the perpetrator;
4) subjective side: characterized by deliberate guilt in the form of direct intent. The perpetrator is aware that he is forcing the victim (victim) to sexual contact using the methods specified in the law, and wants to carry out his plan. The motive for the crime is the desire to satisfy a sexual need.

The qualifying elements of a crime include the same act committed against a minor (minor).

2. Applicable Law. Federal Law "On administrative supervision of persons released from places of deprivation of liberty" (Article 3).

3. Judicial practice. By definition of the Supreme Court of the Russian Federation N 45-097-97 (cassation instance), the verdict was canceled in terms of convicting gr.Shch. under Art. 133 of the Criminal Code of the Russian Federation (compulsion to act of a sexual nature) with the termination of the case in this part due to the absence of corpus delicti and recognized gr.Shch. guilty of committing indecent acts. The investigating authorities qualified the actions of gr.Shch. by, however, the court reclassified them to Art. 133 of the Criminal Code of the Russian Federation. At the same time, the court did not take into account that the disposition of Art. 133 connects the existence of corpus delicti with specific acts of a sexual nature, to which the perpetrator forces the victims to commit, and not just under threat, as indicated in the verdict, but by blackmail, threat of destruction, damage or seizure of property, or using material or other dependence of the victims. There was no such way of influencing the victims in the actions of the convict, therefore, there is no corpus delicti in them (for more details, see Review judicial practice RF Armed Forces for the first quarter of 1998 (in criminal cases) (approved by a resolution of the Presidium of the RF Armed Forces dated May 6, 1998).

Consultations and comments of lawyers on Article 133 of the Criminal Code of the Russian Federation

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1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.

2. The same act committed in respect of a minor (minor), -
shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.

Commentary on Article 133 of the Criminal Code of the Russian Federation

The main object of this crime is the sexual freedom of the individual. An additional object can be the honor and dignity of the individual, property relations. Victims can be either female or male.

The objective side of the crime is expressed in compulsion to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by blackmail, threats of destruction, damage or seizure of property, or using material or other dependence of the victims.

Coercion should be understood as a mental influence on the victim (victim) in order to force her (him) to have sexual contacts with the guilty person against her will. Mental impact in the form of a threat to use violence against victims is not covered by the offense in question and is subject to qualification under Art. Art. 131 or 132 of the Criminal Code of the Russian Federation. Coercion can be made in any form: oral, written, using means of communication, etc. It can be committed directly in relation to the victim (victim) or brought to their attention through third parties.

Compulsion can be expressed both in actions and in the passive behavior of the perpetrator. It may consist in placing the victim in such conditions under which she is forced to enter into sexual contact in order to prevent harm to her legitimate interests. This is especially true in cases of coercion using material or other dependence.

Blackmail as a way of committing this crime means the threat of disclosing information that compromises the victim, or information that she would like to hide, for example, information about real or fictitious diseases of a venereal, oncological and other nature.

Disclosure is the transfer of valid or false information to at least one third party.

Actions that characterize the victim negatively from the point of view of morality and law are considered compromising.

The threat of destruction, damage or seizure of property is a mental impact. The threat may concern all or part of the property. The loss of it should significantly affect the material interests of the victims in order to act as a serious motivating factor in resolving the issue of sexual contact that is undesirable for them.

Bringing any of these threats into action is subject to independent qualification under the articles on crimes against property in conjunction with Art. 133 of the Criminal Code of the Russian Federation.

Material dependence is possible when the victim is dependent on the perpetrator (full or partial), receives subsidies from him, and this source is the main income of the victim.

Other dependence implies all other types of dependence that do not fall under the considered concept, for example, dependence on service or work (dependence of a subordinate on a boss, a student on a teacher, etc.).

The crime is considered completed from the moment the actions themselves are carried out for coercion by any of those named in Art. 133 of the Criminal Code of the Russian Federation. The elements of the crime are formal. For the completed corpus delicti, it does not matter whether the perpetrator has achieved his goal or not.

The subjective side is characterized by direct intent. The perpetrator is aware that by blackmailing or using the official, financial and other dependence of the victim on him, he seeks his consent to commit acts of a sexual nature and desires this.

The subject of the crime is general. They are both male and female persons who have reached the age of sixteen.

Another commentary on Article 133 of the Criminal Code of the Russian Federation

1. The objective side is characterized by forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage or confiscate property, or use the material or other dependence of the victim.

Coercion means a mental impact on the victim in order to force him to have sexual contact with another person against his will. Coercion should act as a way to suppress the will and obtain consent, albeit forced, to enter into a heterosexual or homosexual relationship, lesbianism, or to commit other acts of a sexual nature. Compulsion can be expressed in various forms.

2. The law contains a strictly limited list of means and methods of suppressing the will of the victim:

Blackmail, i.e. the threat of disclosure of information compromising the victim, intimidation;

Threat of destruction, damage or seizure of property, i.e. outwardly expressed intention to perform the specified actions in relation to all or part of the property; the implementation of this threat is not covered by Art. 133 and requires self-qualification;

Material dependence, i.e. being fully or partially, but substantially dependent on the perpetrator on legal grounds or with his voluntary consent;

Other dependence, i.e. any other dependence, except for material, characterized by a complete or partial lack of independence, freedom, the presence of subordination in service, work or study, etc.

3. The crime is considered completed from the moment of compulsion to act of a sexual nature.

4. The subjective side is characterized by direct intent.

5. The subject of the crime is special when it comes to the victim who is in material or other dependence; in all other cases - any person (regardless of sex) who has reached the age of 16 years.

6. Federal Law No. 14-FZ of February 29, 2012 strengthens criminal liability for the commission of this crime against a minor (minor) (Part 2, Article 133).

1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -

shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.

2. The same act committed in respect of a minor (minor), -

shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.

Comments to Art. 133 of the Criminal Code of the Russian Federation

1. The immediate object of the crime is sexual freedom or sexual inviolability of a person. Optional objects may be the honor and dignity of the victims or their property. Victims can be either male or female.

2. From the objective side, the crime in question is expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by blackmail, threat of destruction, damage or seizure of property, or using material or other dependence of the victim (victim).

Coercion means a mental impact on the victim (victim) in order to force her (him) to have sexual contact with another person against his will. In this case, it is a way of suppressing the will and obtaining consent, albeit forced, to enter into a heterosexual or homosexual relationship, lesbianism, or to commit other acts of a sexual nature. Coercion can be expressed in oral, written or other form.

3. The law contains a strictly limited list of means and methods of suppressing the will of the victim (victim):

blackmail, i.e. the threat of disclosure of information compromising the victim, intimidation;

threat of destruction, damage or seizure of property - intentions expressed outside to commit the indicated actions in relation to all or part of the property (this must significantly affect the interests of another person in order to act as a factor that suppresses his will; the implementation of this threat is not covered by Article 133 of the Criminal Code and requires self-qualification);

material dependence - being in full or partial, but significant dependence on the perpetrator on legal grounds or with his voluntary consent;

other dependence - any other dependence, except for material, characterized by the absence of full or partial independence, freedom, the presence of subordination in service, work or study, etc.

Obtaining the consent of the victim (victim) to commit acts of a sexual nature in another way (by deception, the promise of protection or other assistance) does not fall under the signs of Art. 133.

4. The crime in question is considered completed from the moment of compulsion to act of a sexual nature.

5. The subjective side is characterized by direct intent. The guilty (guilty) is aware that by blackmail, threat of destruction, damage or seizure of property, or using material or other dependence, compels the victim (victim) to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature, and desires this. The motive is sexual, it does not matter for the qualification of the crime.

6. The subject of the crime is special when it comes to the victim (victim) who is (is) in material or other dependence; in all other cases - any natural person (regardless of gender) who has reached the age of 16 years.