Lawyer: You can get 12 years in prison for going out on the balcony naked

A naked person in an apartment, if a child notices him from the street, runs the risk of being charged with indecent acts and deprived of liberty for up to 12 years. At the same time, significant evidence of the commission of a crime will not be required by the investigation. This was stated on Tuesday by the lawyer of the ICA “Centriurservice” Ekaterina Tyutyunnikova. Her words RIA “Nedvizhimost” reports.

The lawyer said that “while in the apartment, including on the balcony, you can walk around naked or have sex until the children saw you through the open window and informed their parents about what they saw.”

If this happened, “there is a risk of falling under the criminal article 135 for indecent acts.”

As explained by the lawyer, this article involves the commission of indecent acts without the use of violence against children who are under 16 years old. The punishment under this article is up to 12 years in prison.

And in order to initiate a criminal case, the testimony of the children and their legal representatives is enough, even photo and video recording of what happened is not needed, the lawyer emphasized.

Tyutyunnikova said that there are cases of abuse of this article.

“So, for example, some inventive mothers try to “annoy” their ex with such statements,” the lawyer said. After that, a person becomes a victim of a false denunciation – in such cases, according to her, only 1% of acquittals are issued.

Even if the injured party wants to withdraw his application, according to Russian law, the prosecution under Article 135 does not allow this.

However, a person accused of indecent acts may claim a false denunciation. And, if a person knowingly not involved in its commission was accused of a crime, the one who made a false statement can himself be sentenced to 6 years in prison, the lawyer explained.