CRIMINAL LAW ASSESSMENT OF A PERSON’S CONDUCT AT THE INITIAL STAGES OF CHILD SOLICITATION FOR SEXUAL PURPOSES

Abstract

The article is devoted to a comprehensive analysis of the criminal law assessment of a person’s conduct at the initial stages of child solicitation for sexual purposes in accordance with Article 156-1 of the Criminal Code of Ukraine. The relevance of the study is determined by the growing number of sexual offenses against children in the context of the rapid development of digital technologies and the widespread use of the Internet, which facilitate new forms of latent criminal behavior, in particular so-called “grooming”. Such conduct is often not accompanied by immediate physical violence; however, it poses a significant social danger due to its clear orientation toward the subsequent sexual exploitation of a child. The article examines the content of the objective elements of the criminal offense provided for in Article 156-1 of the Criminal Code of Ukraine, taking into account its truncated (formal) structure. It is substantiated that the corpus delicti of this offense requires the cumulative presence of two mandatory elements: a proposal of a meeting addressed to a minor with a specific unlawful purpose, and the commission of at least one act aimed at ensuring that such a meeting actually takes place. Particular attention is paid to the analysis of acts that may be regarded as directed toward organizing a meeting, both in the physical environment and through the use of information and telecommunication systems and technologies. At the same time, the study emphasizes the problem of distinguishing criminally punishable conduct from actions that remain at the stage of intent formation or preparation for a crime and therefore do not constitute the objective elements of the offense. Typical examples of non-punishable preparatory actions are analyzed, including general communication with a child on social networks, abstract or hypothetical statements regarding a possible meeting, flirtation or expressions of sympathy that are not accompanied by concrete organizational steps. It is argued that the absence of at least one mandatory element of the objective side excludes criminal liability under Article 156-1 of the Criminal Code of Ukraine. The article also addresses problematic aspects of law enforcement practice caused by the lack of clear statutory qualitative or quantitative criteria for assessing actions aimed at ensuring a meeting. This situation creates a risk of excessively broad interpretation of the criminal law provision. It is noted that the truncated structure of the offense, on the one hand, serves a preventive function and strengthens the protection of children, while on the other hand, it requires a particularly cautious approach to evidence assessment in order to comply with the principles of legality, proportionality, and fairness of criminal liability. The author concludes that the effective application of Article 156-1 of the Criminal Code of Ukraine is possible only if there is a clear distinction between criminally punishable conduct and non-punishable preparatory actions, as well as further scholarly reflection on the limits of criminalization of conduct at the initial stages of child solicitation for sexual purposes.