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LEGISLATION

Criminal Code of the Russian Federation


Adopted on 24 May 1996 by the State Duma
Approved on 5 June 1996 by the Federation Council
Effective as of 1 January 1997 (as amended on 8 December 2003)

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CHAPTER 16. CRIMES AGAINST LIFE AND HEALTH

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Article 121. Infection with a Venereal Disease

1. Infection of another person with a venereal disease committed by a person who knew to be infected -

- is punishable by a fine of up to 200,000 roubles or in the amount of the convicted's salary or other income for a period of up to eighteen months, or by corrective work of one to two years, or arrest of three to six months.

2. The same, resulting in infection of two or more persons or a person known to be underage -

- is punishable by a fine of up to 300,000 roubles or in the amount of the convicted's salary or other income for a period of up to two years, or by deprivation of freedom up to two years.

Article 122. Infection with HIV

1. Knowlingly subjecting of a person to the danger of HIV infection -

- is punishable by limitation of freedom up to three years, by arrest of three to six months, or by deprivation of freedom up to one year.

2. Infection of another person with HIV committed by a person who knew to be infected -

- is punishable by deprivation of freedom up to five years.

3. The action provided in the second part of this article, resulting in infection of two or more persons or a person known to be underage -

- is punishable by deprivation of freedom up to eight years.

4. Infection of another person with HIV resulting from improper performance of professional duties -

- is punishable by deprivation of freedom up to five years and limitation of the right to hold certain offices or to engage in certain activities for up to three years.

Note: the person who committed the acts described in paras. 1 and 2 of this Article is exempted from criminal liability if the other person who was exposed to HIV infection or was infected with HIV had been timely informed of the former person's being infected with that disease and gave his (her) consent to the acts that resulted in his (her) exposure to the infection.

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CHAPTER 18. CRIMES AGAINST SEXUAL INVIOLABILITY AND SEXUAL FREEDOM OF INDIVIDUAL

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Article 132. Forced Actions of Sexual Nature

1. Buggery ['muzhelozhstvo'], lesbianism and other actions of sexual nature, if carried out with the use of force or threat thereof against the victim (male or female) or against other individuals, or exploiting the vulnerable state of the victim (male or female) -

- is punishable by deprivation of freedom for a period from three to six years.

2. The same actions:

a) [deleted]

b) committed by a group of persons, by a group with a premeditated conspiracy or by an organized group;

c) carried out with a threat of murder or serious health damage, or carried out with particular cruelty against the victim (male or female) or against other individuals;

d) which resulted in a victim's (male or female) infection with a venereal disease;

e) against a person known to be a minor (male or female) -

- is punishable by deprivation of freedom from four to ten years.

3. Actions provided in the first and second parts of this article if they:

a) negligently brought about the death of a victim (male or female);

b) negligently inflicted heavy damage to his/her health, caused HIV infection or some other heavy consequences;

c) were committed against a person known to be under 14 -

- is punishable by deprivation of freedom from eight to fifteen years.

Article 133. Coercion into Actions of Sexual Nature

Coercion of a person into sexual intercourse, buggery ['muzhelozhstvo'], lesbianism or other actions of a sexual nature by use of blackmail, threat of destruction, damage or withdrawal of property, or by exploiting the victim's (male or female) material or other dependency -

- is punishable by a fine of up to 120,000 roubles or in the amount of the convicted's salary or other income for a period of up to one year, or by corrective work up to two years, or deprivation of freedom up to one year.

Article 134. Sexual Intercourse and Other Actions of Sexual Nature with a Person under 16

Sexual intercourse, buggery ['muzhelozhstvo'] or lesbianism, committed by a person over 18 on a person known to be under 16 -

- is punishable by limitation of freedom up to three years or deprivation of freedom up to four years.

[Note of the site editor: At the time of its adoption the Criminal Code penalized sexual intercourse with a person under 16 years old. Article 134 was amended on 27 June 1998 by Federal Law No. 92-FZ and the age was lowered from 16 to 14. On 8 December 2003 the age of consent was raised back to 16 years.]

Article 135. Depraving Actions

Depraving actions, carried out without the use of force against a person known to be under 16 -

- is punishable by a fine of up to 300,000 roubles or in the amount of the convicted's salary or other income for a period of up to two years, or by limitation of freedom up to two years, or by deprivation of freedom for up to three years.



CHAPTER 25. CRIMES AGAINST HEALTH OF POPULATION AND PUBLIC MORALITY

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Article 242. Unlawful Distribution of Pornographic Materials or Objects

Unlawful manufacturing with a view to distribute or advertise, distribution, advertising of pornographic materials or objects, as well as unlawful trade in printed media, movies or videos, pictures or other objects of pornographic nature -

- is punishable by a fine of 100,000 to 300,000 roubles or in the amount of the convicted's salary or other income for a period of one to two years, or by deprivation of freedom up to two years.

Article 242.1. Manufacturing and dissemination of materials or objects containing pornographic images of minors

1. Manufacturing, keeping or transport through the State border of the Russian Federation with a view to distribute, publicly demonstrate or advertise, as well as distribution, public demonstration or advertising of materials or objects containing pornographic depiction of persons known to be minors, as well as involvement of persons known to be minors as performers for their participation in visual performances of pornographic nature by a person over 18 years old -

- is punishable by deprivation of freedom for up to six years.

2. The same acts if commmitted:

a) by a parent or a minor's legal caretaker, as well as by a teacher or another employee of an educational or vocational institution or a hospital who was in charge of supervision over the minors;
b) in respect of a person known to be under 14 years old;
c) by a group of persons with premeditated conspiracy or by an organised group;

- is punishable by deprivation of freedom for three to eight years.

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President of the Russian Federation
B. Yeltsin
Moscow, Kremlin
13 June 1996
No. 63-FZ

  SEE ALSO

Repeal of Article 121
by Professor Igor Kon
History of adoption of the present Russian Criminal Code and debates on criminalization of homosexuality in early 1990s.

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