1. If the facts of the crime are clear, the criminal who commits the crime of molesting children shall be investigated for criminal responsibility.
2. Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years;
3. Whoever gathers people to molest children, or molests children in public places, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not less than five years.
What is the filing standard for the crime of child molestation?
1, as long as the situation of child molestation is implemented, then the standard for filing the crime of child molestation is reached.
Because children have poor gender discrimination ability, the law does not require perpetrators to use violence, threats or other methods. Whether the child agrees or not, whether the child resists or not, as long as he molests the child, it constitutes this crime and should be investigated.
2. Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years:
(1) molesting children many times or many times;
(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;
(4) dirty means are bad or there are other bad circumstances.
Citizens suspected of committing the crime of compulsory molestation and molestation of children, who meet the requirements, will be detained in criminal detention while the public security organs investigate the molestation case.
To sum up, if the perpetrator molests children by violence, coercion or other means, whether the children agree or not, and whether the children resist or not, as long as they molest children, it constitutes this crime and should be investigated.
Legal basis:
Criminal law of the people's Republic of China
Article 237
Whoever forcibly molests 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.
Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years; 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.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 44
Those who molest others or intentionally expose their bodies in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days.