What is Article 133. Criminal Code on the elements of the crime and penalties for harassment

Today we bring to your attention an article on the topic: Article 133 of the Criminal Code. We tried to describe everything in simple language, understandable for any resident of our country. All questions can be asked in the comments after the article.

Article 133 of the Criminal Code of the Russian Federation. Compulsion to act of a sexual nature (current version)

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1. From the objective side, the crime in question is expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature through blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim.

Coercion means mental influence on the victim (victim) in order to force her (him) to have sexual contact with another person against her 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 actions of a sexual nature. Coercion may be expressed verbally, in writing, or in any other form.

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

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

– threat of destruction, damage or seizure of property – externally expressed intentions to commit specified actions in relation to all property or part of it (this must significantly affect the interests of another person in order to act as a factor suppressing his will; the implementation of this threat is not covered by the provisions of Article 133 Criminal Code and requires independent qualification);

– financial dependence – being in full or partial, but significant dependence on the perpetrator for legally or with his voluntary consent;

– other dependence – any other dependence, except material, characterized by a complete or partial lack of independence, freedom, subordination in service, work or study, etc.

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

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

5. The subject of the crime is special when it comes to the victim (victim) who is (are) in financial or other dependence; in all other cases - any individual(regardless of gender) who have reached the age of 16 years.

Article 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts

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

1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) –

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

2. The same act committed against a minor (minor), –

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

1. The object of a criminal attack is a person’s sexual freedom, his honor and dignity (see commentary to Articles 131, 132). Victims can be both female and male.

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

2.1. Coercion is mental influence on a person in order to achieve consent to commit a single sexual act or cohabitation, as well as to commit other acts of a sexual nature. Coercion occurs regardless of whether the guilty person acts in his own interests or in the interests of another person (relative, acquaintance, boss).

3. Unlike the acts provided for in Art. 131, 132, the guilty person achieves what he wants not through violence, the threat of its use, taking advantage of the helpless state of the victim (victim), but through blackmail, threats of destruction, damage or confiscation of property, or using material or other dependence.

4. Blackmail as a method of committing this crime is a requirement to perform 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 or may not be disgraceful, correspond to reality or represent fiction, and 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 or her (his) relatives is disclosed that is deliberately slanderous or offensive, as well as information about the private life of a person that constitutes his or her personal or family secret, done, in the presence of everyone necessary conditions, is additionally qualified under Art. 129, 130, 137.

5. Threat of destruction, damage or seizure of property – next way forcing a person to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature. It does not matter whether the guilty person threatens to destroy, damage or confiscate what property (one’s own or someone else’s, movable or immovable), as well as the method of such destruction, damage or confiscation. It is important that this property has a certain value for the victim (victim).

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

6. To achieve a criminal goal, the guilty person may take advantage of the financial or other dependence of the victim.

6.1. Financial 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. Other 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 in the case of guardianship, trusteeship, etc.

6.3. In order to bring the culprit to justice, it is important to establish that he took advantage of financial 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, no threats are made to infringe upon legitimate interests, then the crime under Art. 133, missing. This kind of coercion cannot be understood as providing 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 completed (by composition) at the moment of compulsion. Actual sexual intercourse or other acts of a sexual nature are not required to declare the crime completed.

8. The subjective side of the crime is characterized by direct intent. The guilty person is aware that, by means of blackmail, threats of destruction, damage or confiscation of property, or using financial or other dependence, he is forcing another person to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature, and desires this.

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

10. The acts are classified as crimes of minor gravity.

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

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

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

4. If the perpetrator carried out a threat, for example, actually disseminated information disgracing the victim, damaged his property, infringed labor rights, imputation of relevant crimes against him cannot be ruled out. In this sense, the act in question can form a real set of crimes provided for, for example, Art. Art. 129, 145.1, 167, 201, 285 of the Criminal Code of the Russian Federation.

5. The crime is over at the moment of influence on the victim, regardless of the victim’s consent to enter into sexual relations.

6. From the subjective side, the crime is characterized by direct intent and the goal of achieving sexual intimacy with the victim.

Article 133. Compulsion to perform actions of a sexual nature

shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the 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 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. years, or imprisonment for the same period.

2. The same act committed against a minor (minor) -

1. The main object of the crime is sexual freedom or sexual integrity of the person, and the honor, dignity, business reputation of the victim, and his property can be optional. Victims under Part 1 can only be adult male or female persons.

2. The objective side of the crime is characterized by active actions, expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature through blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victim.

2. The same act committed against a minor (minor) -

Commentary to Art. 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 may be the honor and dignity of the individual, property relations. Victims can be both female and male.

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

Coercion should be understood as mental influence on the victim (victim) in order to force her (him) to enter into sexual contact with the perpetrator against her will. Mental influence in the form of a threat to use violence against victims is not covered by the crime under consideration and is subject to qualification under Art. Art. 131 or 132 of the Criminal Code of the Russian Federation. Coercion can be carried out in any form: oral, written, using means of communication, etc. It can be committed directly against the victim (victim) or brought to their attention through third parties.

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

Blackmail as a method 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 transmission of true 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 confiscation of property is a mental influence. The threat may concern all or part of the property. Its loss must 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 unwanted for them.

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

Financial 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 presupposes all other types of dependence that do not fall under the concept considered, for example, dependence at work or at 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 performed under compulsion by any of those named in Art. 133 of the Criminal Code of the Russian Federation. The corpus delicti is formal. For the completion of the crime, it does not matter whether the perpetrator achieved his goal or not.

The subjective side is characterized by direct intent. The perpetrator realizes that, by blackmailing or using the victim’s official, material or other dependence on him, he obtains from him consent to commit acts of a sexual nature and desires it.

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

Judicial practice under Article 133 of the Criminal Code of the Russian Federation

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated 05.08.2019 N 205-APU19-23

Yusupov Shamil Abulmuslimovich, ..., convicted on April 10, 2014 by the Kizlyarsky District Court of the Republic of Dagestan under Part 2 of Art. of the Criminal Code of the Russian Federation to imprisonment for a period of 2 (two) years in a colony-settlement (released after serving his sentence on August 28, 2015, the criminal record was not expunged or expunged),

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

1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the 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 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. years, or imprisonment for the same period.

2. The same act committed against a minor (minor) -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of 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 integrity and sexual freedom of the individual;
2) objective side: characterized by an act in the form of an action - forcing a person to have sexual intercourse, sodomy, lesbianism or committing other acts of a sexual nature, where coercion is a mental influence on the victim in order to obtain his consent to commit acts of a sexual nature (methods of coercion are indicated in Part .1 of the commented article);
3) subject: an individual who has reached 16 years of age, and in the case of coercion using financial or other dependence, it is necessary that the victim be in such dependence on the perpetrator;
4) subjective side: characterized by intentional guilt in the form of direct intent. The perpetrator realizes that he is forcing the victim (victim) into 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 prison” (Article 3).

3. Judicial practice. By decision of the RF Armed Forces No. 45-097-97 (cassation instance), the verdict regarding the conviction of gr.Shch was overturned. according to Art. 133 of the Criminal Code of the Russian Federation (coercion to acts of a sexual nature) with the termination of the case in this part due to the lack of corpus delicti and recognized gr.Shch. guilty of committing indecent acts. The investigative authorities qualified the actions of gr.Shch. according to, however, the court reclassified them under 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 presence of a crime with specific actions of a sexual nature, to the commission of which the guilty person forces the victims, and not simply under threat, as indicated in the sentence, but through blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victims. There was no such method of influencing victims in the actions of the convicted person, therefore, the elements of this crime are absent in them (see Review for more details judicial practice The RF Armed Forces for the first quarter of 1998 (in criminal cases) (approved by the resolution of the Presidium of the RF Armed Forces dated May 6, 1998).

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

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Compulsion to perform sexual acts

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

1. The object of this crime is social relations that ensure sexual freedom for males and females.

2. The objective side of this crime is characterized by active actions, forcing the victim (victim) either to have sexual intercourse, or to commit sodomy, or to commit other acts of a sexual nature. Coercion is a mental influence on victims in order to force them, against their will, to perform the above actions (commit sexual intercourse, an act of sodomy or lesbianism, or other actions of a sexual nature).
The method of coercion is either blackmail, i.e. intimidation, threat of disclosure of disgraceful, compromising information (true or false); or threat of destruction, damage or seizure of property; or taking advantage of the financial or other dependence of the victim(s). Financial dependence should be understood as the fact that the victim is fully or partially dependent on the perpetrator. This also includes cases of dependence of the debtor on the creditor, etc. The previous criminal legislation spoke of “the official dependence of the victim on the perpetrator.” In Art. 133 of the Criminal Code of the Russian Federation, the concept of dependence of the victim is expanded, because we are talking about a different dependence of the victim (victim) on the perpetrators. Other dependence can be understood as both official dependence and other forms of dependence of victims and perpetrators. The latter means that in case of refusal to satisfy the desire of the perpetrator (guilty), the latter can commit such actions that will lead to infringement legal rights and the interests of victims. For example, a threat to fire you from your job, deprive you of your home, etc. This crime is considered completed at the moment the perpetrator is forced to commit the above actions.

3. If, in the event of the refusal of the victims to satisfy the wishes of the perpetrators, the latter destroy, damage or confiscate the property of the victims, then the act should be qualified in its totality crimes committed: according to Art. 133 of the Criminal Code of the Russian Federation and the corresponding article, which provides for liability for crimes against property, depending on the nature of the act committed.

4. The subject of a crime under Art. 133 of the Criminal Code of the Russian Federation, there can be both male and female representatives, sane, who have reached the age of sixteen.

5. The subjective side of this crime is characterized by direct intent. The perpetrator is aware that he is forcing another person to engage in acts of a sexual nature and desires to commit this act.

6. The qualified type of crime under comment is the commission of an act provided for in Part 1 of Art. 133 of the Criminal Code of the Russian Federation, in relation to a minor (minor). This qualifying feature occurs if the perpetrator knew or allowed that he was forcing a person under the age of eighteen to commit sexual acts, or should have and could have foreseen this.

In the territory Russian Federation a person who forces another person to have sexual intercourse will be punished to the fullest extent of the law. The Criminal Code contains Article 133 of the Criminal Code of the Russian Federation, which describes possible composition crimes and penalties for this crime.

To the crimes described in the new edition. 133 of the Criminal Code of the Russian Federation, include:

forcing a person to have sexual intercourse, including homosexuality, lesbianism;
committing any acts of a sexual nature with threats, through blackmail, as well as damage, destruction or seizure of property;
compulsion to engage in sexual acts regarding minors, that is, persons under the age of majority.

Such atrocities are punishable by a fine of up to 120 thousand rubles. IN different cases the offender may be sentenced to pay wages or other income for whole year. Also, a convicted person may be sent to compulsory, correctional or forced labor for a period of up to one year.

If we are talking about harassment of minors, then according to the above article, the offender is punishable by forced labor for up to five years. Such a person is also deprived of the right to work in certain positions or engage in certain activities for three years. In some cases, such criminals may be imprisoned.

The object of criminal harassment is the sexual freedom of the individual. The crime itself consists of forcing a person into intimate relationships or performing any actions with a sexual bias.

Coercion is understood as a psychological influence on a person. The direct purpose of such harassment is to commit sexual acts. In this case, we are talking about attacks through blackmail or threats to damage, take away or destroy the victim’s property.

Psychological influence affects the victim in several ways:

Blackmail is a threat to divulge any information that the victim keeps secret. It doesn't matter whether this information is true or false. In this way, the offender wants to persuade the victim to perform actions related to sex.
Alternatively, the criminal may threaten to destroy, damage or take away property. If this property is of a certain value to the victim, then the victim may succumb to violence.
To achieve his goal, the criminal may also take advantage of the victim’s financial or other dependence. Perhaps the victim is dependent on the criminal, lives in his house, is a debtor or heir of the criminal. The victim may also have a work dependence on the perpetrator. In addition, such crimes are possible when the perpetrator is a guardian, trustee, or guarantor of the victim.

Such a crime is considered completed at the moment the harassment is committed. Please note that confirmation of the fact of sexual intercourse is not required for the court to recognize the crime as valid.

From a subjective point of view, the composition of such crimes has direct intent. The criminal understands perfectly well that using the method of blackmail or threats, he will be able to influence the victim. Despite this, the article for harassment describes such atrocities as crimes of minor gravity.

Another form of dependence on the ransomware can be a relationship of control, subordination and accountability of one person to another. In the article on harassment of minors there is a clause about the dependence of subordinates, students, schoolchildren, children on bosses, teachers, teachers, parents and the like. According to the law, the use of dependence is such behavior of a person, due to which the legal rights of the victim are at risk. On the other hand, if a dependent person is trying to obtain any illegal benefits or privileges, then there can be no question of sexual harassment.

Among the crimes against the sexual freedom of the individual, there is an article that provides for certain liability for compulsion to acts of a sexual nature. Article 133 of the Criminal Code of the Russian Federation is quite rare in judicial practice. Therefore, it is not possible to generalize judicial practice regarding such an atrocity.

On this moment There is no established investigative and judicial practice on the qualification of this crime. This fact often raises questions among investigative authorities and courts when determining the criminal legal assessment of such crimes. In practice, the main thing is to prove that the criminal, when forcing the victim to have sexual intercourse, used:

psychological pressure;
threats;
blackmail.

The criminal law literature also examines work-related and other forms of addiction. By official dependence we mean the psychological state of the victim as a result of the relationship at work (between a subordinate and a boss). Such dependence may mean that if the boss refuses to satisfy the desire, he may commit actions that will lead to the infringement of the legitimate rights and interests of the victims.

It happens that the victim specifically denounces the accused, but in fact had sexual intercourse with him of her own free will. In such situations, identifying who is right and who is wrong is very problematic.

One of the most high-profile cases in last years there was a case in Krasnodar when former employee police and an accomplice were accused of raping and murdering a girl under age. The guilt of the villains was fully proven, and the case was conducted under several articles at once, including Art. 133. Criminal Code of the Russian Federation. The criminals seduced minors and forced them to have sexual intercourse. This is how a 13-year-old girl was raped and killed, for which the criminals received 36 years in prison between them.

Crimes related to encroachment on sexual freedom are increasing every year. Therefore, such an atrocity poses a huge danger to society as a whole.

In practice, criminals, in order to achieve their goal, use the following methods of influencing the victim:

intimidation or blackmail;
threats to damage or take away property;
taking advantage of the victim's financial or other dependence;
threats to disseminate compromising information - false or true.

Harassment is nothing more than mental influence, the purpose of which is to obtain sexual services against the will of the victim. This may be an inclination towards homosexuality, lesbianism or other actions for sexual intercourse. At the same time, such coercion must have a pronounced character of demand, harassment.

If the extortionist takes advantage of the victim’s financial, official or other dependence, and the goal is to induce him to commit a sexual act, then, according to the law, such actions are recognized as criminal only if the culprit threatens the legitimate interests of the victim:

demotion;
dismissal from work or service;
non-payment of wages, bonuses, and other accruals;
deprivation of living space, other property, and so on.

It should be noted that it is worth distinguishing from criminal harassment using the dependent position of the victim simply a promise to provide the victim with any privileges, additional benefits, patronage or benefits. In this case, the victim has the right to choose whether to engage in sexual intercourse or not. There is a big difference between the concepts of “coerce” and “seduce.”

In any case, coercion to commit sexual intercourse against the will of a person - a woman, a man or a minor - is a crime directed against normal social relations, which imply the sexual freedom of every person. In addition, such a crime violates the honor, dignity, and reputation of the victim.

Punishment for a simple crime of this type implies a fine of up to 120 thousand rubles or imprisonment of up to 1 year. If the crime is accompanied by other qualifying criteria, naturally, the amount of criminal liability increases. For example, if the offender harassed a minor, he will be imprisoned for up to five years.

To recognize the commission of a crime, it makes no difference whether the victim was forced into a long-term sexual relationship or a one-time sexual intercourse.

If a similar situation occurs to you and you become a victim of sexual harassment, you must immediately contact the legal and judicial authorities. If you are charged under Article 133 of the Criminal Code of the Russian Federation, you should immediately contact a qualified lawyer. A specialist’s broad knowledge in the field of criminal and criminal procedural legislation will allow him to create a competent and effective protection to defend the legitimate interests and rights of the accused during the trial.