Judgment No. 15261/2023: Corruption of Minors and Video Chat, a New Legal Horizon
Judgment No. 15261 of March 23, 2023, by the Court of Cassation represents an important point of reference in the field of regulations on the corruption of minors. In particular, the Court established that the crime of corruption of minors, as provided for by Article 609-quinquies of the Penal Code, is applicable even in cases where sexual acts are performed and shared remotely via video chat, in the presence of a minor under the age of fourteen.
The Legal Context of the Judgment
The Court's decision is based on a broad interpretation of the notion of "presence" in relation to sexual acts. The judgment clarifies that the use of electronic communication means, such as video chat, does not exempt the agent from criminal responsibilities, as it allows for the acts to be considered as committed in the presence of the victim. This position aligns with the growing focus of jurisprudence on the protection of minors in the context of new technologies.
Crime of corruption of minors – Commission of sexual acts in the presence of a minor under the age of fourteen to make them witness – Realization through video chat – Configurability of the crime – Reasons. The crime of corruption of minors committed by performing sexual acts in the presence of a person under the age of fourteen with the intent to make them witness, as per Article 609-quinquies, first paragraph, Penal Code, is also applicable in cases where such acts, though performed at a distance, are shared with the minor through video chat during their commission, given that the electronic communication means, intentionally used by the agent, allows for the acts to be considered as committed in the presence of the victim.
Practical Implications of the Judgment
This ruling has several practical implications, including:
- An increase in responsibilities for those who use technology to commit crimes against minors.
- Greater protection for minors, who may be exposed to risky situations even in digital environments.
- An invitation for legislators to reflect on existing regulations in order to include specific provisions for cyber crimes.
Conclusions
Judgment No. 15261/2023 marks a significant step in the fight against crimes of corruption of minors, highlighting how modern technologies can be used to perpetrate illegal acts. It is essential for society and institutions to work in synergy to ensure the protection of minors, even in the digital context, and for jurisprudence to continue evolving to address the challenges posed by this new reality.
