First, the object elements
The object of the crime of child molestation is children's physical and mental health. This means that criminal acts directly target children's body or spirit, causing them to be hurt or have bad emotions such as fear and shame.
Second, objective factors.
Indecency: The objective aspect of the crime of child molestation is to commit indecency to children, including but not limited to touching, kissing and cuddling. These behaviors will cause serious harm to children's physical and mental health.
Coercive means: when committing obscene acts, criminals may use threats, intimidation and other coercive means to make children unable or afraid to resist.
Third, the main content
The subject of the crime of child molestation is generally adults, because children are often unable to effectively resist or protect themselves because of the limitations of age and cognitive ability.
Fourth, subjective factors.
The subjective aspect of the crime of child molestation is intentional, that is, criminals still commit obscene acts knowing that their actions will cause harm to children. This intentional psychology is an important condition for the crime of molesting children.
To sum up, the constitutive elements of the crime of child molestation include object elements, objective elements, subject elements and subjective elements. Only when these conditions are met can the crime of child molestation be constituted. Therefore, we should strengthen the protection of children and raise public awareness of child protection to prevent such crimes.
Legal basis:
Article 237 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years for molesting children; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years:
(a) repeatedly molesting children;
(2) Gathering people to molest children, or molesting children in public places, if the circumstances are bad;
(3) Causing injuries to children or other serious consequences;
(four) the means are obscene or there are other bad circumstances.