The crime of indecency can be reported to the police. Whether a case can be filed depends on whether it constitutes a crime of indecency. The details are as follows:
1, the subject element is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has criminal responsibility ability;
2. The subjective element is intentional, which usually shows a tendency to stimulate or satisfy the sexual desire of the actor or the second person, but does not have the purpose of forced adultery. The lewd behavior of boys and men includes adultery;
3. The objective element is a violation of the social legal protection of natural human shame, and the objective element is to force others to molest or insult others by violence, coercion or other means.
How to punish obscenity that does not constitute a crime?
According to the severity, obscene acts can be divided into general obscene acts and obscene crimes that violate criminal law. If the perpetrator only commits the above-mentioned obscene acts and does not force the victim to be obscene, then it is a general obscene act and will not constitute a criminal offence. The perpetrator will only be given administrative punishment in accordance with the provisions of the Law on Public Security Administration Punishment. If the perpetrator commits obscene acts against the victim by violence, coercion or other coercive means to the extent of "serious circumstances", it can constitute the crime of obscenity as stipulated in Article 237 of the Criminal Law.
Article 44 of the Public Security Administration Punishment Law is obscene as a general illegal act.
The difference between obscenity as a general illegal act and obscenity as a crime lies in the degree of illegality of the act. If the degree is serious, it is a crime. Significantly minor, it is a general illegal act.
First of all, we should distinguish between compulsory obscenity and non-compulsory obscenity. The crime of indecency is only aimed at compulsory indecency, and non-compulsory indecency cannot be regarded as a crime.
Secondly, not any act of compulsory indecency constitutes the crime of compulsory indecency. Although the crime of obscenity does not stipulate the elements of "serious circumstances" for the crime of compulsory obscenity, it cannot be considered as a crime with obvious minor circumstances and little harm.
Finally, when the indecent act does not constitute a crime, it can be punished according to Article 44 of the Law on Public Security Administration Punishment: if it is indecent, it will 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.
Indecency can only constitute the crime of compulsory indecency in criminal law if the degree of coercion and indecency is strong, otherwise administrative punishment should be given priority to. Combined with the legal interests infringed by the compulsory obscene behavior stipulated in the criminal law, we can judge how "strong" obscene is. Factors that can be considered include reasons, ways, contact frequency, victim's will, etc. , need to have written evidence to prove.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Criminal law of the people's Republic of China
Article 237 Whoever 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) Child molestation by more than one person 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;
(four) the means are obscene or there are other bad circumstances.