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For our legal system is a sexual offense with minors, even if there is the consent of the child, in the case of sexual relations: with minors under the age of 14, when the crime is committed by an adult and therefore, he is 18 years old; with minors under the age of 13, in all circumstances, even between subjects both minors; with minors under the age of 16, when the offense is committed by an adult who has custody of the minor for reasons of treatment, education, training, protection or foster care or having a common life relationship with him; with minors in the event that the crime is committed by the real parents, the adoptive ones, or by the guardian of the minor, or by another person who lives together with the previous persons mentioned.
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The sentence is aggravated if the subjects who suffer sexual violence are less than 10 years old. Furthermore, there is a crime of child prostitution when a person under the age of 18 is forced to do so, or they have sex with them in exchange for money or other economic interest; instead, it is a crime of child pornography when pornographic filming is done for people under the age of 18, or even if you take possession of the aforementioned material.
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Finally, forcing a person to have sex is always a crime of sexual violence, regardless of age. Various experts in the legislation have also provided for the type of crimes against adolescents to extend the sentences for those who commit crimes against minors under the age of 16.
The expression "sexual violence" refers to the involvement in sexual relations, on a physical or mental level, of a person who is not able to make choices: either because he is physically and / or psychologically subjected, or because he is not able to to understand and want because of his age, his psychic and physical situation, and so on.
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Among the sexual violence we find, mainly, the carnal union but also forcing to any type of sexual relationship a person who is not able to understand his behavior.
The crime of obscene actions is regulated by art. 527 of the Italian penal code, which states that "every subject, who publicly and openly, performs obscene acts is punished with imprisonment from 3 months up to 3 years".
By virtue of art. 36, paragraph 1, of Law 104/1992, if the person who suffers the offense has a disability, the penalty is increased by one third.
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The omissive crimes are subdivided into: Own, when an action imposed by criminal law is not implemented, causing disobedience. This form of crime is explicitly adapted by law.
Impropri, these are crimes committed by omission, not hindering criminal conduct. This form of crime is not adapted by the law and was determined by uniting the art. 40 cpv, or the so-called correspondence circumstance, as to the commission of the crime is unified in a non-obstacle joint of an offense, and the rules that pertain to the commission crime.
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The characteristics of such a crime include: a specific condition, that is all the requirements that imply the duty to proceed in an action; the omissive conduct, that is the material possibility for the subject to get in motion and hinder the action. Legal constraint.
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The causal link that includes an improper omission crime presumes beyond the ordinary system, that the person who did not put himself into action was in the legal obligation to do so. The legal constraint is implemented in the so-called clover theory in the legislative system, in the contract act and in the previous criminal action.
The subject must therefore possess a "Guarantee Position" with respect to the legally safeguarded interest, which establishes a duty of protection between the subject considered guarantor and a legal interest prescribed by the impossibility of the manager to safeguard it. The legal constraints are exceptional in that they are established only for some subjects.