Running away from home before getting divorced? Can I file a case? Is it legal to sue?

The crime of seduction is roughly the abduction of other people’s minor children or spouses to run away from home. Don’t underestimate this crime, it is a more serious crime than the already invalid adultery crime! The common sense we know is that it may be illegal to take in underage children, right? It’s a concept like this, so don’t talk nonsense on the Internet about taking in out-of-school girls, lonely wives, etc. If you really encounter such a thing, just hand it over to the police, social bureau, or women’s and children’s groups, who will find you usually. It's not a scam, it's a fairy jump.

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What is and seduction? Why is there a crime against the family?

According to Article 240 of the Criminal Law , the crime of seducing a minor or a married person to leave their guardian or family shall be punished by a fixed-term imprisonment of not more than 3 years. The following fixed-term imprisonment, it should be noted that the sentence of more than 6 months is not easy to impose a fine. Both the crime of seduction and the crime of adultery are a kind of crime of disturbing the family , but the crime of adultery was generally used in the past.

As I just said, everyone knows that it may be illegal to take in underage children, but what they don't know is that if someone takes in your spouse , it may also constitute a crime of nuisance to the family, and if someone intends to molest or sexually act The punishment will be even heavier. In addition, the behavior of the affair itself will also constitute a civil violation of spouse rights . The two do not conflict, and the victim can sue for both.

But it's not like going to someone else's house for the night to directly violate the criminal law. After all, everyone is an adult, and they still have to meet some conditions to commit a crime, so don't worry too much.

(Selected article: What evidence is needed for the violation of spousal rights? Can you also sue for mental affairs? )

Constitute and seduce conditions!

There is a more critical point with seduction. It must be that the other party takes the initiative to ask the seduced to leave home, deliberately make the seduced out of the supervision of the family or spouse, and let the seduced be controlled by his own strength. It is difficult to apply this rule if the enticed voluntarily embraces, or if the spouse (the enticed is the spouse), guardian (the enticed is the child) has agreed in advance, or the other party can go home on his own at all.

(Selected article: What is the standard for determining spouse rights? If you want to win, you must first think about it! )

The "slight seduction" is more serious than the seduction!

If the behavior of the other party satisfies one of the following three points, it will change from the crime of seduction in Article 240 of the Criminal Law to the crime of seduction with a heavier sentence in Article 241 of the Criminal Law. not from the sincerity”, so the three main reasons that will become a temptation to sin are:

1. Guiding in a violent, coercive manner, as this is coercion to be seduced into consent.
2. Use tricks to trick you into being tempted to agree, such as tricking you with a "good job".
3. Be tempted to be under 16 because lawmakers believe 16 lacks sufficient judgment.

Therefore, if one of the above conditions is met, the crime of lure will be sentenced to fixed-term imprisonment of not less than 1 year but not more than 7 years. If lure is for profit, indecent, or sexual intercourse, the maximum sentence can be increased to 10 years, and the combined sentence can be less than 30,000 yuan. fine. Penalty for failure.

(Selected article: Husband is having an affair! Can I only sue the mistress for infringing on the spouse's rights? )

The above is the information related to seduction and harassment of the family. If you like our article, you are welcome to share it! If you have any related questions, please click the button below for free legal consultation immediately.