Subjective elements: the subjective aspect of this crime is intentional, and negligence does not constitute this crime. Including direct intention and indirect intention. The criminal motive does not affect the establishment of this crime. Specifically, due to the abetting nature of this crime, it has the following characteristics in subjective factors: first, the actor should realize that he is seducing; Second, the actor should know the fact that the criminal object is a minor. If you really don't know that the object of the act is a minor, it can't constitute this crime. However, if it meets the constitutive requirements of gathering people to commit adultery, it can be punished as the crime of gathering people to commit adultery. Of course, we need to know that the object of the lawsuit is a minor, as long as we know that it may be a minor. Third, the actor must also realize that the seduced person is involved in the act of gathering people for fornication under his temptation.
Objective elements: this crime is objectively manifested as the act of luring minors to gather for fornication.
Seduction refers to attracting, corrupting and luring minors to participate in mass fornication activities by means of language, performance, demonstration, listening and watching obscene audio-visual products. As far as this crime is concerned, luring and luring people under the age of 18 to participate in gathering people for fornication has the nature of instigation. In practice, the ways of seduction are often manifested in obscene language, watching obscene audio-visual products, promoting sexual experience and feelings, and even directly performing sexual performances, which stimulate, woo, corrode and induce minors to participate in promiscuous activities. It should be noted that "seduction" contains elements of "deception", but it cannot be equated with "seduction". As far as seduction is concerned, it is voluntary for the seduced person to participate in mass fornication under the temptation of the seducer, which is different from "seducing". If the perpetrator seduces a young girl in the activities of gathering people for fornication, it constitutes the crime of raping a young girl and is punished as rape; Participation means that minors come to the scene of gathering people for fornication. Minors who actually engage in mass fornication activities constitute participation, and minors who actually do not engage in mass fornication activities but watch others engage in mass fornication activities shall also be deemed to constitute this crime.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: The severity of the penalty in Article 5 of the Criminal Law of People's Republic of China (PRC) should be commensurate with the crimes committed and the criminal responsibilities assumed by the criminals.
Article 301 Whoever gathers people for fornication shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Whoever lures minors to participate in mass fornication activities shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.