Is texting someone you don't know harassment?

Is texting someone you don't know harassment?

Is texting someone you don't know harassment? Harassing others will be punished. For more serious harassment, it may constitute an insult. Insulting women constitutes the crime of compulsory indecency and insulting women. Implement soft violence such as debt collection and interfere with each other's normal life. Let's see if texting someone we don't know is harassment.

Is texting someone you don't know harassment? 1 can be handled by alarm.

Generally, it will be punished in accordance with the provisions of the Law on Public Security Administration Punishment, and it will be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. But if the circumstances are serious enough to constitute a crime, it shall be punished as the crime of stirring up trouble.

The threat of short messages can be dealt with in two ways: first, if the circumstances are minor and do not reach criminal punishment, they will be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Second, those who have constituted criminal punishment can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

Legal analysis

The need depends on the situation. Texting three times is considered harassment. According to the Law of People's Republic of China (PRC) on Public Security Administration Punishment, sending obscene, insulting, threatening or other information for many times is considered to interfere with the normal life of others, and many times is usually defined as three times. When receiving harassing phone calls, the parties concerned should try their best to save relevant evidence, collect evidence through messages and call records, and cooperate with the police to find out their information in the communication department, so as to bring a lawsuit against the harasser.

legal ground

Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

Is texting someone you don't know harassment? 1. To what extent is sexual harassment illegal?

As long as there is sexual harassment, it is illegal, and it does not need to be to what extent.

protection of women and children of the people's republic of china

The manifestations of sexual harassment crime mainly include the following:

1. Oral way: tease each other with the following language and tell each other about personal sexual experiences, pornographic jokes or pornographic literature;

2. Action mode: intentionally touching, bumping, kissing the other person's face, breasts, legs, buttocks and other sexually sensitive parts;

3. Setting the environment: arranging obscene pictures and advertisements around the workplace to embarrass each other.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 44 stipulates that "whoever molests others or intentionally exposes his body in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days;" Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days. "

Civil code of People's Republic of China (PRC) (202 1, 1 implemented).

If the victim sexually harasses others by words or actions against their will, the victim has the right to demand the offender to bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures such as prevention, acceptance of complaints, investigation and disposal, etc., to prevent and stop the use of authority, affiliation and other harassment.

Second, what is the criminal responsibility for serious sexual harassment?

According to the Criminal Code of People's Republic of China (PRC)

Article 237 Whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.

Before the promulgation of the Civil Code of People's Republic of China (PRC), the provisions on sexual harassment in China's relevant legal system were very vague, and there were almost no relevant provisions on sexual harassment. What is related to sexual harassment is obscenity. It is only stipulated that anyone who molests others will be detained in public security for about 5 days to 15 days.

Is texting someone you don't know harassment? 3. How to define sexual harassment

(a) The subjective purpose of an act contains sexual requirements or intentions.

In other words, the subjective aspect of sexual harassment must include sexual purpose, which is unwelcome, unwilling and uninterested by the victim. However, in view of China's national conditions, public places such as stations, squares and other large places are often crowded due to limited conditions, and collisions are inevitable, so strict identification standards should be adopted.

(2) Identification of behavior

Broadly speaking, rapists, compulsory indecency and insulting women are also a kind of harassment to women, but to a certain extent, it is more appropriate to call it sexual assault, so the criminal law has imposed more severe punishment on them. Sexual harassment is a relatively minor sexual assault. Sexual harassment usually refers to the unwelcome sexual language or behavior made by the harasser to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling dirty jokes, commenting, showing pornographic pictures, publications and articles, asking about sexual privacy, dating, ogling eyes, sexual posture, physical contact, exposing sexual organs, etc.

Second, the Civil Code-to what extent is harassment illegal?

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 44 stipulates that "whoever molests others or intentionally exposes his body in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days;" Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days. "

People's Republic of China (PRC) Civil Code

Article 10 10. If a person sexually harasses another person against his will by words, words, images or physical actions, the victim has the right to request the offender to bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures such as prevention, acceptance of complaints, investigation and disposal, etc., to prevent and stop the use of authority, affiliation and other harassment.

3. What are the types of sexual harassment?

Verbal harassment

Verbal harassment refers to any sexual remarks that make the victim feel embarrassed or uncomfortable, such as telling dirty jokes in person or in public or judging the victim with foul language. The main feature is a relatively explicit sexual orientation, even a naked direct statement of sexual requirements, which is obviously different from civilized love confession, courtship and proposal on the basis of respecting each other's personality.

Behavioral harassment

Behavioral- harassment generally refers to making vulgar and indecent actions that make the victim feel uncomfortable, touching the sensitive parts of the victim, etc.

Environmental disturbance

Environmental harassment (environmental- harassment) refers to giving victims an uncomfortable and violated way by arranging the environment, such as placing sexually stimulating pictures, obscene books and periodicals, playing obscene audio-visual products, etc.

Campus harassment

The victims of sexual harassment on campus are mostly students, and many of them are minors. Sometimes they can't define and express sexual harassment from within the school, and they don't even know that they have been sexually harassed. However, due to the relatively closed campus activities and environment, students often encounter sexual harassment in the case that others are difficult to detect, especially sexual harassment between tutors and students with interests in colleges and universities is more difficult to prove.