Question to the expert: Is it legal to have sex in public places?
alexander savina
RESPONSES TO THE MAJORITY OF US QUESTIONS we used to search online. In the new series of materials we ask such questions: burning, unexpected or widespread - to professionals in various fields.
Sex in public places is gradually ceased to be considered something "immoral" and "dangerous": for many, this is simply one of the ways to diversify a familiar situation, especially in the warm season. We have already told you what it is worth remembering so that the process is safe for all participants and so that you will not be caught. Now we have decided to pay attention to the legal side of the question: we can interpret such situations from the point of view of the law in different ways, so we asked all the nuances of the experts.
Ivan Slivkin
lawyer
Russian law does not contain the concept of "sex in a public place", but this does not mean that such actions are not punishable. What matters is who witnessed and where exactly everything happened. As a rule, lovers of publicity, caught in parks, on the streets, in porches, institutions, and so on, are held accountable under Article 20.1 of the Administrative Code of the Russian Federation for disorderly conduct, that is, "a violation of public order, expressing obvious disrespect for society." The penalty for such a violation is up to 2500 rubles, but arrest is possible up to fifteen days.
However, if a public place is the territory of a kindergarten or school, or children have become witnesses (which can happen in the same parks and on the streets), then you can become a defendant in the criminal case for "committing lecherous actions" under article 135 of the Criminal Code of the Russian Federation.
If sexual intercourse is a way to express protest, religious or ideological views, it is possible to prosecute under Article 148 of the Criminal Code of the Russian Federation "Violation of the right to freedom of conscience and religion" for "public actions expressing disrespect for society and committed to insult religious feelings of believers ", or under article 213 of the Criminal Code of the Russian Federation for" gross violation of public order, expressing obvious disrespect for society. " This practice is rare, but exists.
The main principle in evaluating such actions is whether anybody’s rights were violated because they witnessed these actions. If you have not attracted the attention of outsiders, then the law is on your side.
Anastasia Ragulina
Director of the legal group "Yakovlev and Partners", Ph.D. in Law, Associate Professor at Moscow State Law Academy. O. E. Kutafina
The situation is quite complicated. Norms of the right to sex in public places are not allowed, but also not prohibited. In itself, having sex in public places is not punished. At first glance, one would assume that this is hooliganism, that is, "a gross violation of public order, expressing obvious disrespect for society." But neither article 213 of the Criminal Code of the Russian Federation "Hooliganism" or the article on petty hooliganism of the Code on Administrative Offenses says nothing about this.
Article 213 of the Criminal Code of the Russian Federation deals with "gross violation of public order, expressing obvious disrespect for society." There are several points in it, but none of them is appropriate here - for example, actions on the basis of "national or religious hatred or hostility", actions with the use of weapons, actions in public transport, and so on. None of these signs is appropriate to qualify sex in public places under article 213 of the Criminal Code of the Russian Federation.
You can see article 20.1 of the Administrative Code of the Russian Federation "Petty hooliganism". It speaks of a violation of public order, "expressing a clear disrespect for society." Further in the article there are signs of hooliganism: such actions should be accompanied by "foul language in public places", "offensive harassment of citizens", or "destruction or damage of another's property". Again, this does not fit the situation we are talking about. There is also the second part of the article, it deals with "disobedience to the legal demand of a representative of the authorities", but this also has nothing to do with this situation. A police officer has the right to stop your actions except from the point of view of moral norms, but if you start to show resistance to him, you will receive part 2 of article 20.1 of the Administrative Code of the RF.
There is only article 135 of the Criminal Code of the Russian Federation "Depraved actions", but there are also nuances here. To qualify actions under this article, it is necessary that, firstly, people who have sex understand that they are doing it in front of those who are under the age of sixteen. Secondly, it is necessary for those who have sex to reach the age of eighteen themselves, and that their actions should be aimed at "corrupting minors."
Article 135 of the Criminal Code of the Russian Federation speaks very generally about what is meant by “lecherous actions”. If you look at judicial practice, we will see examples: viewing pornographic magazines, touching intimate places, including sex in front of a minor. If those who have sex in public places specifically acted so that minors see it, so that they would like to do the same after this, then in this case we can speak about article 135 of the Criminal Code of the Russian Federation. But all this is very subjective. If these conditions are not met, neither criminal nor administrative responsibility will not occur.
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