1, molesting children more than twice or molesting children more than twice in a year;
2. Forcibly molesting children by means of violence, coercion or threat;
3. Child molestation causes slight or more harm to the victim;
4. Child molestation will lead to other serious consequences. Such as serious damage to children's mental health, leading to mental disorders or suicide of the close relatives of the child victims.
What are the constitutive elements of the crime of child molestation?
1, object element:
The object of the crime of child molestation is children's right to privacy and spiritual purity. The so-called right of spiritual purity refers to the right to cultivate good conduct and style. In other words, in the cultivation of conduct, it is the right of personality not to be improperly instigated. The object of child molestation is children, that is, 14 minors, including boys and girls;
2. objective factors:
Objectively speaking, the crime of molesting children is an obscene act committed against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire;
3. Main elements:
The subject of the crime of child molestation is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of child molestation;
4. Subjective factors:
Subjectively, the crime of child molestation shows direct intention, while indirect intention and negligence do not constitute the crime of child molestation.
What is the evidence of child molestation?
1, physical evidence;
2. Written evidence;
3. witness testimony;
4. The victim's statement;
5. Statements and excuses of criminal suspects and defendants;
6. Appraisal opinions;
7, inquest, inspection, identification, investigation and other records;
8. Audio-visual materials and electronic data.
To sum up, if child molestation constitutes a crime, criminal responsibility shall be investigated according to the crime of child molestation. Generally sentenced to imprisonment of not more than five years; Molesting children for more than one person or many times; Those who cause harm to children or other serious consequences may be sentenced to fixed-term imprisonment of more than five years.
Legal basis:
Article 237 of the Criminal Law of People's Republic of China (PRC)
Crime of Coercive Indecency and Insult Whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.