Criminal Liability for Soliciting a Child for Sexual Purposes: Legislative Analysis and Prospects for Improvement

Abstract

Abstract. The study is devoted to the analysis of contemporary forms of child sexual exploitation, in particular sexual grooming through the use of information and communication technologies, which have become especially relevant in the digital age. The author elaborates on the concept of “grooming,” which in international practice refers to a systematic behavior by an adult aimed at establishing a trusting relationship with a child for the purpose of preparing the child for sexual acts, and examines the corresponding forms of crimes under the national criminal legislation of Ukraine. Special attention is given to the legislative innovations of 2021, in particular Articles 156-1 and 301-1 of the Criminal Code of Ukraine, which introduce criminal liability for proposing meetings, involving children in the creation of child pornography, sexting, and sextortion. Changes in the procedure for calculating statutes of limitations for criminal offenses against minors help eliminate the possibility of evading responsibility and contribute to fair justice. The research is based on a comprehensive interdisciplinary approach combining criminal law, criminology, psychology, and digital analysis. Dialectical, comparative-legal, system-structural, and dogmatic methods were applied, along with criminological and psychological analysis of the social and behavioral characteristics of offenders. The empirical basis consists of national legislation, international conventions, UN and Europol recommendations, official materials of the Supreme Court, analytical reports of cyber police, and human rights organizations. It was established that modern forms of child sexual exploitation in online environments are characterized by high latency, the covert nature of offenders’ actions, and the active use of digital technologies and social networks, creating a transnational risk for minors. Foreign experience in countering cyber grooming (Germany, the USA, the United Kingdom) was analyzed, allowing for the identification of prospects for improving national legislation. The scientific novelty of the work lies in the comprehensive approach to studying the phenomenon of child sexual grooming, which combines the analysis of criminal law prohibitions, methods of committing crimes, traces of illegal activity, psychological and behavioral characteristics of offenders, as well as the features of the digital environment. Recommendations are proposed to strengthen criminal liability, including the introduction of additional qualifying elements and consideration of the social role of the subject of the crime, which enhances the effectiveness of prevention and child protection. The practical significance of the study lies in the formation of a holistic approach to the investigation and prevention of child sexual exploitation, including cyber grooming, sexting, and sextortion, as well as ensuring the proper combination of preventive and repressive measures in law enforcement practice.

Keywords: sexual acts; lewd acts; meeting proposal; child solicitation; child pornography; grooming; cyber grooming.