Sexting with regards to minors: criminal legal and victimological aspect

Abstract

The questions of prevention cybercrimes with regards to minors gain special relevance in the conditions of pandemic, global self-isolation and transition to distance learning. Constant forced usage of Internet resources increases the risk for identification of the potentially dangerous online contacts, as well as likelihood of obtaining access to prohibited or undesired content. The object of this research is the relation of protection of minors from criminal offences of licentious nature committed using the modern communication technologies and networks. The subject of this research is the criminal legislation of the Russian Federation in the area of protection of minors from sexual misconducts committed via information and telecommunication networks. The research methods contain the analysis of current criminal legislation and law enforcement practice of the Russian Federation, review and generalization of theoretical sources on the topic. The scientific novelty consist in examination of peculiarities of qualification of offences pertaining to sexual abuse of minors, committed using the information telecommunication networks. The conclusion is made that due to proliferation of sexting in the information telecommunication networks with regards to children below 12 years of age, it is necessary to exclude from the Article 135 of the Criminal Code of the Russian Federation the minimal age of the victims of sexual abuse, establish an age bracket of those “who have not attained the age of fourteen” in the Part 2 of the Article 135, as well as classify usage of information and telecommunication networks as the means of committing offence.