Comment to Article 122. Sexual intercourse and other sexual acts with a person under the age of sixteen of the Criminal Code of the Republic of Kazakhstan

     Sexual intercourse, sodomy, lesbianism, or other sexual acts with a person who is obviously under the age of sixteen, -      

is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to five years.

     The social danger of the crime in question is explained by the fact that premature entry into the sphere of sexual activity negatively affects the health and moral development of minors.      

The object of this crime is sexual integrity, moral and physical health of persons under the age of 16. Victims of this crime may be persons of both sexes: boys for sodomy, girls for sexual intercourse and lesbianism.      

The objective side includes the following sexual acts:      

1) voluntary sexual intercourse;      

2) sodomy,      

3) lesbianism,      

4) other sexual acts committed by a person who has reached the age of 18 with a person who is obviously under the age of 16.      

Volunteerism is an important feature that distinguishes this crime from rape and sexual violence (Articles 120, 121 of the Criminal Code of the Republic of Kazakhstan).      

Sodomy is sexual intercourse between a man and a man, in which the penis of an active partner is inserted into the anus (rectum) of a passive partner.      

Lesbianism is female homosexuality, when the satisfaction of sexual passion is carried out between women by performing various sexual acts.      

Other sexual acts include all other ways of satisfying sexual passion between opposite-sex and same-sex partners, other than sexual intercourse, sodomy or lesbianism.      

This crime is considered completed from the moment of the beginning of the sexual acts specified in the disposition of Article 122 of the Criminal Code of the Republic of Kazakhstan.      The subjective side is characterized by the presence of direct intent. The perpetrator is aware that he is committing the sexual acts specified in the disposition of the article with a person under the age of 16, and desires this.      The subject of this crime can be both men and women who have reached the age of majority.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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