Question To An Expert: Is It Legal To Have Sex In Public

A life 2023

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Question To An Expert: Is It Legal To Have Sex In Public
Question To An Expert: Is It Legal To Have Sex In Public
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Alexandra Savina

ANSWERS TO MOST OF THE QUESTIONS ARE EXCITING TO US we used to search online. In the new series of materials, we ask just such questions: burning, unexpected or common - to professionals in various fields.

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Sex in public places is gradually ceasing to be considered something "immoral" and "dangerous": for many, it is just one way to diversify a familiar situation, especially in the warm season. We have already talked about what to remember so that the process is safe for all participants and so that you do not get caught. Now we decided to pay attention to the legal side of the issue: such situations can be interpreted from the point of view of the law in different ways, so we asked experts about all the nuances.

Ivan Slivkin

lawyer

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Russian law does not contain the concept of "sex in a public place", but this does not mean that such actions are not punishable. It matters who witnessed and where exactly everything happened. As a rule, lovers of publicity, caught in parks, on the streets, in entrances, institutions, and so on, are prosecuted under Article 20.1 of the Code of Administrative Offenses of the Russian Federation for petty hooliganism, that is, "violation of public order expressing clear disrespect for society." The fine for such a violation is up to 2,500 rubles, but arrest up to fifteen days is also possible.

However, if a public place is the territory of a kindergarten or a school, or children are witnesses (which can happen in the same parks and on the streets), then you can become a defendant in a criminal case for “committing indecent acts” under Article 135 of the Criminal Code of the Russian Federation.

If sexual intercourse is a way to express protest, religious or ideological views, it is possible to prosecute under Article 148 of the Criminal Code of the Russian Federation "Violation of the right to freedom of conscience and religion" for "public actions expressing obvious disrespect for society and committed in order to insult religious feelings of believers ", or under Article 213 of the Criminal Code of the Russian Federation for" gross violation of public order, expressing obvious disrespect for society. " This practice is rare, but it exists.

The main principle in assessing such actions is whether someone's rights have been violated because they witnessed these actions. If you have not attracted the attention of outsiders, then the law is on your side.

Anastasia Ragulina

director of the legal group "Yakovlev and Partners", candidate of legal sciences, associate professor of the Moscow State Law Academy named after O. E. Kutafina

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The situation is quite difficult. Law norms do not allow sex in public places, but they do not prohibit either. In itself, having sex in public is not punishable in any way. At first glance, one could assume that this is hooliganism, that is, "a gross violation of public order, expressing a clear disrespect for society." But neither in Article 213 of the Criminal Code of the Russian Federation “Hooliganism”, nor in the article on petty hooliganism of the Code of Administrative Offenses, nothing is said about this.

Article 213 of the Criminal Code of the Russian Federation deals with "gross violation of public order, expressing clear disrespect for society." There are several points in it, but none of them is suitable here - it is, for example, about actions based on "national or religious hatred or enmity", actions with the use of weapons, actions in public transport, and so on. None of these signs are suitable to qualify sex in public places under Article 213 of the Criminal Code of the Russian Federation.

You can see article 20.1 of the Code of Administrative Offenses of the Russian Federation "Petty hooliganism". It refers to the violation of public order, "expressing a clear disrespect for society." Further in the article there are signs of hooliganism: such actions should be accompanied by "obscene language in public places", "insulting harassment of citizens", or "destruction or damage to other people's property." This again does not fit the situation we are talking about.There is also the second part of the article, it deals with "disobedience to the lawful demand of a representative of the authorities," but this also has nothing to do with such a situation. A police officer has the right to stop your actions only from the point of view of moral norms, but if you start resisting him, you get part 2 of article 20.1 of the Code of Administrative Offenses of the Russian Federation.

There remains only article 135 of the Criminal Code of the Russian Federation "Depraved actions", but there are also nuances here. To qualify actions under this article, it is necessary that, firstly, people who have sex understand that they are doing it in front of those who have not reached the age of sixteen. Secondly, it is necessary that those who have sex have reached the age of eighteen themselves and that their actions be aimed at "corrupting minors."

Article 135 of the Criminal Code of the Russian Federation is very general about what is meant by "lecherous actions". If you look at the judicial practice, we will see examples: viewing pornographic magazines, touching intimate places and, including sex in front of a minor. If those who have sex in public places deliberately acted so that minors could see it, so that after that they would want to do the same, then in this case we can talk about Article 135 of the Criminal Code of the Russian Federation. But this is all very subjective. If these conditions are not met, neither criminal nor administrative liability will arise.

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