2. Legal framework (provisions in force, checked word for word)
Sources: Criminal Law (2023 amendment, effective 2024-03-01), Fa Shi [2023] No. 3, and the 2023 Opinions of the SPC, SPP, MPS and MOJ. Note: the 2013 Opinions on Punishing Sexual Offences against Minors (Fa Fa [2013] No. 12) have been repealed and should no longer be cited.
Criminal Law of the PRC (2023 amendment), Article 237 (translation)
[Indecent assault and insult] Whoever, by violence, coercion or other means, commits indecent assault against another person or insults a woman shall be sentenced to up to five years' imprisonment or criminal detention.
Whoever commits the crime in the preceding paragraph with a gathered crowd or in public, or with other egregious circumstances, shall be sentenced to five years' or more imprisonment.
[Indecency with a child] Whoever commits indecency with a child shall be sentenced to up to five years' imprisonment; in any of the following situations, to five years' or more: (1) indecency with several children or several times; (2) indecency with a child with a gathered crowd, or in public with egregious circumstances; (3) causing injury or other serious consequences to the child; (4) using egregious means or with other egregious circumstances.
Practice (not statutory text): "child" means under 14, as consistently stated in practice (the database cases of Shang Mou and Yang Moumou both apply this). Inference: where the victim is 14 or older, the only route is indecent assault under paragraph 1, which requires "forcing by violence, coercion or other means" — i.e. indecency against the victim's true will. Whether "consent" was genuine, and whether it was exploited, decides the case.
Fa Shi [2023] No. 3, Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecency against Minors, Article 9 (effective 2023-06-01; translation)
Coercing or inducing a minor, through online video chat or sending videos or photos, to expose private parts of the body or perform obscene acts, where this meets Article 237 of the Criminal Law, shall be convicted and punished as indecent assault or indecency with a child.
Where a minor is coerced or induced to do so by live streaming, and this also meets Articles 237 and 365, constituting indecent assault, indecency with a child and organising obscene performances, the heavier provision applies.
Reading: Article 9 puts "coercion" and "inducement" side by side, but its condition is "where this meets Article 237" — for a victim aged 14 or over, one must still return to paragraph 1 and ask whether there was "force (against her will)"; for a victim under 14 it is directly indecency with a child, whatever the consent. "Inducement" is not automatically "force", and this is where the dispute lies.
Fa Shi [2023] No. 3, Article 8 (aggravating "egregious means / circumstances" for indecency with a child; applies only to victims under 14)
Indecency with a child in any of the following situations shall be found to be "egregious means or other egregious circumstances" under Article 237(3)(4): … (3) making videos, photos or other images of the indecency or of the victim's private parts and using them to coerce the victim into indecency, or causing the images to be distributed to many people so that the victim's identity is exposed; …
Note: where the victim is under 14, recording or spreading images exposes the suspect to five years or more; for victims aged 14 or over this aggravating provision does not apply directly, but "keeping images + coercion / distribution" is still assessed under Article 237(1) and related offences.
SPC, SPP, MPS and MOJ Opinions on Handling Criminal Cases of Sexual Offences against Minors (effective 2023-06-01; Article 40 repeals the 2013 Opinions) — key provisions
Article 2: severe punishment according to law; the best interests of the minor; two-way protection.
Article 10: for adult suspects and defendants in sexual offences against minors, non-custodial measures shall be applied strictly.
Article 31: "The true will of a minor victim aged fourteen or over shall not be judged solely on an express objection or consent; it shall be judged comprehensively in light of the victim's age, physical condition, conduct before and after the offence, the relationship between the parties, the environment and the course of events."
Article 31 = the prosecution's core provision. It is designed precisely to defeat a "she consented, it was a paid transaction" defence: even if the records show express consent, whether that consent was genuine or exploited must still be judged from her age, understanding and the relationship. The defence, conversely, must use the complete records to show full knowledge, equal bargaining, no false identity or deceptive motive, and genuine consent.
Related offences (depending on distribution, profit or later threats)
Criminal Law Art. 363(1): producing, copying, publishing, selling or distributing obscene materials for profit — up to three years' imprisonment, criminal detention or public surveillance and a fine; if serious, three to ten years and a fine.
Art. 364: distributing obscene materials, if serious — up to two years, criminal detention or public surveillance; distributing obscene materials to minors under eighteen is punished more heavily.
Note: having a minor take images of herself and then reselling or forwarding them is treated in practice as "producing + selling / distributing obscene materials" (Sui Mouyu sold nude videos at RMB 5 each and was convicted of producing, selling and distributing obscene materials for profit). Merely keeping them for oneself with no forwarding does not trigger these two offences; "buying" on its own is not a separate crime, but instigating or directing a minor's self-recording is absorbed into the indecency assessment.
3. Cases
Badges: database = People's Court Case Database · typical = released by the SPC / SPP etc. · procuratorate = released by the procuratorate · judgment = published judgment. Click a case for the full-text page (in Chinese).
Group A · victims under 14
Indecency with a child · consent irrelevant · for comparison
Not directly applicable here, but the baseline that "under 14 is always a crime", and including two restrained holdings useful on sentencing.
Shang Mou, indecency with a child
Database case
Victims aged 13 and 11; after meeting them on QQ he asked for photos and videos of them touching sensitive parts of their bodies for him to view, knowing they were girls under 14.
Holding: indecency with a child does not require violence or coercion; "apparent willingness is in substance the actor exploiting the child's immature development and lack of ability to tell right from wrong", so it is still a crime. First instance ((2022) 皖0191刑初415号) two years; upheld on appeal.
Indecency with a child · two years
Yang Moumou, indecency with a child
Database case
Victim aged 11; induced to send nude photos and videos exposing private parts and to nude video chat; later threatened to publish the private images to force a meeting.
Holding: in remote indecency with a child, whether the child was willing, whether actual harm resulted and whether there was force do not affect the offence. First instance ((2022) 新0109刑初98号) three years eight months; appeal withdrawn with leave.
Indecency with a child · three years eight months
Chai Moudian, indecency with a child
Database case · Guangdong
Victims aged 11 and 12; posing as a teenage boy he formed online romances and asked for nude photos and videos, and when refused threatened exposure, telling their parents, or rape; one victim sent images at least once, the other at least nine times.
Holding (valuable on sentencing): remote indecency "is more complex; whether it is a crime and whether aggravating circumstances apply must be decided prudently, and it should not be criminalised across the board"; "indecency with children several times" cannot be applied mechanically by counting incidents to reach the five-year tier; repeated soliciting can be assessed as part of the basic offence without double aggravation. The prosecution sought seven years six months; the court imposed four years six months.
Indecency with a child · four years six months (below the prosecution's recommendation)
Sui Mouyu: indecency with a child, rape, extortion, and producing, selling and distributing obscene materials for profit
Database case
Victim under 14; on WeChat he sent obscene texts and 25 obscene videos, and by verbal threats forced her to take 3 nude photos and 4 videos; then, threatening to spread them, raped her twice offline and extorted RMB 840; he sold the nude videos at RMB 5 each to more than 10 people (RMB 50 profit).
Holding: the offences are divided by stage and punished cumulatively — threatening to obtain images → indecency with a child; demanding money afterwards → extortion; reselling videos → producing, selling and distributing obscene materials for profit. A textbook example of electronic evidence and stacked offences in "WeChat image soliciting + threats".
Several offences · ten years in total
Qiao Moumou, indecency with a child via nude video chat
Typical case
SPC "typical cases of using the internet to infringe minors' rights", no. 5Release text (facts and holding as summarised in this card)
Posing as a biology teacher, he induced several girls under 14 into nude chats in the name of "video lessons" — pure inducement, no coercion.
Holding: nude chat without direct contact is indecency; for children, "deception" alone is enough for a crime, with no need for force.
Indecency with a child
Similar cases in brief: Liu Mousheng (Raoping, Guangdong; age 8; induced to take photos and videos touching private parts; one year eight months) · Cai Moumou (age 11; after an online romance asked for intimate photos and videos; one year five months) · Wang Mou "child star recruitment" nude chat case (ages 10–12; pure deception) · Wan Mou (2025, Changning, Shanghai; pure inducement to send intimate photos; Article 9(1) of Fa Shi [2023] No. 3 applied; one year six months,
full text ↗)
Group B · victims aged 14 to under 18 · online, remote
Indecent assault · directly comparable
This group anchors classification and sentencing here. Note: every effective judgment in this group involves "coercion / threats"; among published samples there is no conviction for "purely paid, consensual, with no coercion", nor any acquittal (see section 7).
Li Mou, indecent assault ★ closest facts
Database case
The victim, Liu Moumou, born August 2004, was 15 years 10 months old. (1) She refused his WeChat invitation to a nude chat; Li promised to pay RMB 3,000; after asking a friend she agreed and chatted nude for over 30 minutes; he never paid. (2) Threatening to spread the nude images he had, he forced another nude chat. (3) When she refused again he proposed "thirty nude chats or one sexual encounter in Shanghai and I'll delete the videos"; she agreed and chatted nude that night.
Holding: (1) forcing another to expose private parts or perform obscene acts in an online video chat is "indecency" under Article 237 even without physical contact; (2) taking nude photos and videos and then threatening to publish them to coerce further nude chats is indecent assault, punished more heavily where the victim is a minor. The reasoning grounds the conviction in "after obtaining nude photos and videos, using them to coerce obscene acts for him to view"; the first "paid nude chat" is not separately treated as a basis for conviction in the database text.
Indecent assault · three years
Zhang Moumou, indecent assault
Database case
The victim, Zhou Moumou, was 16; Zhang threatened her with a video of her private parts he held, forcing her into an online nude chat and to masturbate for him to watch; when he demanded more the next day and she refused, the case came to light.
Holding: although remote indecency involves no physical contact, "using coercion to exert mental compulsion on a minor victim … meets the elements of indecent assault"; offences against minors are punished severely in physical and online space alike. A single completed act is a crime, with a custodial sentence.
Indecent assault · one year four months
Wang Moumou, indecency with a child and indecent assault
SPP typical case
Posing as a teenage girl on social apps he befriended young users and, by enticement and threats, asked for photos of private parts; 25 victims: 24 under 14 (indecency with a child) + 1 under 16 (indecent assault); over 200 photos and 20 videos found on his phone.
Holding (SPP wording): "inducing many minors to send nude photos online, exposing private parts for him to view, meets Article 237 and shall be punished as indecent assault or indecency with a child" — the two offences split by the victims' ages. Enticement and threats were used together; no "pure inducement" instance can be isolated.
Several offences · eight years six months
Zhu Moumou, rape, indecency with a child and indecent assault
SPP typical case
Pinggu, Beijing · "comprehensive online protection of minors" typical cases, no. 3Release text (facts and holding as summarised in this card)
By inducement and coercion he had 8 minors take nude or intimate photos and indecent videos and send them; threatening to spread them he forced offline meetings and sexual intercourse; he also coerced adult women.
Holding: indecency with a child for those under 14 and indecent assault for those 14 or over; "zero tolerance" and thorough prosecution of sexual offences against minors that mix online and offline conduct.
Several offences · fifteen years six months
Wang Moumou, rape, indecency with a child, indecent assault and group licentiousness
Database case · death penalty
Shandong High court · appeal (death sentence approved by the SPC)Judgment 2023-04-07Release text (holding as summarised in this card)
Using friendship, tutoring, red envelopes and introductions to celebrities to win the trust of girls and teenagers, he obtained nude photos and videos and then threatened to publish them, raping 3 girls under 14 six times and 2 teenage girls three times offline, and indecently assaulting 3 teenage girls.
Holding: "Committing sexual offences after winning minors' trust by sending red envelopes and the like has wider and greater harm and shall be severely punished" — "giving money / red envelopes" as a means of winning trust is singled out for severity.
Death penalty (executed)
Chen Moumou, indecency with a child, rape and indecent assault
SPP + ACFTU + All-China Women's Federation typical case
Changtai, Zhangzhou, Fujian · judgment 2023-02-24Release text (facts and holding as summarised in this card)
Using a false identity, romance and small red envelopes, he induced 9 minors (including girls under 14) to send nude photos / indecent videos; when 4 did not want to continue he threatened to spread the photos; he had sexual intercourse offline with 5. Article 9(1) of Fa Shi [2023] No. 3 was applied directly.
Holding: "For sexual gratification, using inducement or coercion to make minors nude-chat online or take nude photos and videos … has the same social harm as indecency involving actual contact." The case discloses that the police initially considered that "merely asking online for nude chat videos, with no offline contact and no harmful result, is not a crime", and filed the case only after procuratorial supervision — showing real disagreement at the investigation stage over whether remote conduct is criminal, and a correction towards severity.
Rape 12 years 6 months + indecency with a child 5 years + indecent assault 1 year → fifteen years
Luo Mou: rape, indecency with a child, indecent assault, and producing, copying, selling and distributing obscene materials for profit
Typical case
Sichuan courts' typical cases on protecting minors (II), no. 1Release text (facts and holding as summarised in this card)
By ordering takeaway, giving pocket money and buying gifts he enticed (in some cases also threatened) 12 victims to send nude photos and videos — 11 under 14 and 1 aged 16; he then uploaded the images to an overseas Telegram group and sold them via password red envelopes of RMB 88/188/288, making RMB 9,540.
Holding: "enticing with pocket money" was assessed as a means of indecency; uploading and selling for profit was a separate offence of producing, copying, selling and distributing obscene materials for profit, punished cumulatively. The part involving the 16-year-old was treated as indecent assault.
Several offences · heavy sentence
Liu Chenglong, indecent assault
Published judgment
Used threats to commit indecency against an (adult) woman via online video; despite compensation and forgiveness and a guilty plea, no suspended sentence.
Relevance: threat-based online indecency is also a crime against adults; a minor victim is an aggravating factor, not an element. It also shows courts' conservative attitude to suspended sentences in such cases.
Indecent assault · one year two months
Group C · other points
Notes
(1) A signal of restraint in sentencing: Chai Moudian (group A) is a database case that expressly says "remote indecency should not be criminalised across the board, and repetition should not be mechanically aggravated"; (2) two-way protection: if the actor was also a minor at the time, item 3 of Article 2 of the 2023 opinions requires two-way protection, and lighter or mitigated punishment can be sought under Article 17 of the Criminal Law; (3) the actors in database cases of this kind are mostly adult men, and there is no published effective judgment acquitting on the ground of "the victim's consent".