The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Actors can commit obscene acts against the opposite sex and the same sex.
2. Subjectively, this crime is intentional. The perpetrator knows that his insult and indecency will result in hurting women's sexual feelings and endangering their personal freedom, and hopes or allows this result to happen. In this crime, the actor often has the purpose of arousing sexual desire, venting emotions and retaliating against others, but the subjective purpose does not affect the establishment of this crime.
In addition, the harm of obscenity lies in the infringement of autonomy, which is an objective fact judgment and will not be changed because of the subjective purpose or tendency of the actor. If subjective intention is taken into consideration, it will not only blur the nature of obscene acts, but also condone some obscene acts to escape criminal punishment. Therefore, subjective purpose should not be a consideration of this crime, as long as there is subjective intention.
3. Object of Crime The object of this crime is the sexual freedom of others, including voluntary choice of lasting sexual rights, aversion to sex, shame and normal sexual feelings. 4. This crime is objectively manifested as the behavior of the perpetrator insulting and molesting others by violence, coercion or other means.
The object of this crime is others, that is, people who have reached the age of 14. This crime is manifested in the use of violence, coercion or other methods in criminal methods. The difference between insult and indecency is that indecency is physical contact, especially private parts (such as women's breasts, buttocks, genitals, etc.). ); Insult is generally non-physical contact or contact with non-private parts. For example, after forcing the victim, masturbate in front of the victim and let the victim watch obscene videos; Stop women, expose genitals, sexually tease, etc. It is more appropriate for the abuser to kiss a woman's face and neck for a short time when she is unprepared, or to forcibly hold hands or pull her coat during flirting with women.
Other bad circumstances refer to bad circumstances other than gathering people in public places or insulting women, such as insulting women to lead to schizophrenia or insulting women to commit suicide.
legal ground
Article 237 of the Criminal Law: Whoever forcibly molests 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 gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.