Indecent assault of children means that the perpetrator commits indecent acts involving sexual contact and non-physical contact to the child in order to satisfy his or her sexual desire.Aiming at the problems in the current obscene child legislation,this paper focuses on the analysis of the disputes in the determination of "obscene","obscene children" and "Internet obscene children".In the determination of "obscenity",whether intimacy constitutes obscenity should depend on the perpetrator’s gender,age,and the specific scene when the obscenity is practiced,the duration of the obscene behavior against the child,and the different body parts touching the child.The perpetrator ’s behavior constitutes child molestation and does not require a specific tendency,as long as the child ’s sexual rights are harmed.Even if the perpetrator does not molest children through sexual contact,it may constitute this crime.Indecent child behavior occurs in a personal office,and it can still be regarded as a "public place" when others can enter freely.In the determination of "obscene children",if the perpetrator does not know that the other party is a "child",he can be punished according to the specific circumstances.Regarding the determination of "children",in order to protect the rights and interests of minors between 14 and 17 years of age,it should be determined with reference to the "standards" in the Convention on the Rights of the Child,that is,the age of children should be limited to 18 years of age,not It is considered to be under 14 years of age currently in use.In order to protect the rights and interests of the boy when the boy is abused by a woman through sexual intercourse,"sexual intercourse" should be regarded as an expanded interpretation of the term "obscene",that is,the perpetrator’s practice should be considered as a crime of obscene child..Online obscene children refer to the obscene acts carried out by the perpetrators on children by means of the Internet and other means.In specific situations,the Internet constitutes a place for child molestation crimes,and at the same timeconstitutes a "public place" in the state of "live broadcast";in the state of "group chat",it should be determined by the gathering of child indecent crimes.Regardless of whether the child voluntarily sends nude photos or the like to the perpetrator through the Internet,it does not affect the determination that the perpetrator constitutes child molestation. |