The Internet was rocked by stories about trials for pictures on social networks. 23-year-old Barnaul resident Maria Motuznaya faces up to five years in prison for saving memes about religion and African Americans. Even before the verdict, the girl was added to the list of extremists. We spoke with Damir Gainutdinov, a lawyer for the international human rights group Agora, about what kind of materials could serve as a reason for initiating a criminal case.
Are they only now starting to be prosecuted for memes in Russia?
No, before the case of Maria Motuznaya from Barnaul, there were many similar incidents in Russia. We at Agora have been monitoring Internet freedom since 2011, and every year the number of criminal cases for online activities increases, primarily people are charged with extremism. Now there are several hundred accused annually - most of them reposted or posted controversial materials on the page. There are absolutely absurd stories when people are judged for funny pictures, and there are also those related to truly radical content, however, its distribution did not always pose any danger.
I read the article in the previous tweet and felt so terrible in my soul that I decided to come out a little. Luckily, I wasn’t tortured (ugh ugh), but, hello everyone, my name is Masha, I’m 23 years old and I’m an extremist 🤗
Thread about the rule of law and the rubber article.— Frolová (@La72La) July 23, 2018
How are the accused chosen?
From the outside, it seems that victims are selected simply on a geographical basis: an operative sits somewhere in Barnaul and Googles users from his region. The point is not to prevent crimes, but to improve statistical detection rates.
What kind of pictures can get you imprisoned?
The logic of experts and investigators is unpredictable, but we can outline a range of dangerous topics: criticism of the authorities, the Russian Orthodox Church or objects and people associated with it, this is everything related to LGBT, except for inciting hostility - the state only encourages it. A positive attitude towards homosexuality can be assessed as propaganda.
Also, the risk zone is not a generally accepted interpretation of history. First of all, this concerns the Second World War, cooperation between the Soviet and Nazi regimes, the crimes of the Red Army, the partition of Poland, and violence against civilians in Eastern Europe. All this could theoretically become a crime under Article 354 of the Criminal Code of the Russian Federation. One can recall, for example, the case of Vladimir Luzgin, who received a fine for reposting an article that stated that the USSR allegedly divided Poland with Hitler.
Publications about corruption should also be avoided; in the last couple of years, the seemingly obsolete practice of prosecution for so-called incitement of hostility towards government officials and government employees has been resumed.
Picture No. 2: five smoking girls dressed as nuns and the inscription: “Come on quickly, while God is gone.” Below is a user comment: “You can take your time”
Where should pictures be located to be convicted of them?
From a legal point of view, it makes no difference where the picture is located: in a message, an album or on a wall. The theoretical possibility of access to the material by at least one person can already be considered distribution. I know of a criminal case for publishing in a closed group that had either three or four participants.
Will deleting or closing the album help?
If the case is going to be opened solely for statistics, then this will help. Another question is ifwant to attract a specific person, for example, an activist.The problem is that the procedure for cooperation between the administration of Russian services and the authorities is completely opaque. We don't know how everything happens and assume the worst: any information is available upon request. According to Yarovaya’s law, correspondence must be stored for six months, and IP addresses for a year. It is known that photographic materials from the social network are never deleted and are stored on servers “to avoid disk fragmentation.”Accordingly, if you need to find something for a specific person, then closing albums and groups will not save you.
Picture No. 8: Twitter screenshot with a still from a video where Alexei Navalny was compared to Adolf Hitler.
— Text memes for which you will sit (@text_ments) July 29, 2018
Can representatives of a social network refuse to provide information?
From the point of view of the law, social network administrators can refuse to provide information, since it is protected by the confidentiality of correspondence; this follows from the very essence of the Constitution. But in order to respond to the authorities in this way, you need to be prepared for confrontation and consequences. And government officials have all the necessary levers of pressure on business; the example of Pavel Durov shows that it is possible to completely and easily take a business away from a person. So in modern Russian realities, this is an offer that cannot be refused.
What's the threat?
The number of actual sentences in such cases increases from year to year. Over the past three years, more than a hundred people have been imprisoned: they received sentences ranging from several months to five years. It is no coincidence that in recent years, punishments have become more severe: initially, these articles were classified as minor offenses, with sentences of up to three years. Then they increased, now it is a crime of medium gravity, because of this the statute of limitations has also increased - now it is six years instead of two. So if you posted something six years ago, you can be prosecuted now.
How to protect yourself?
It’s too late to leave VKontakte, but if you think that you have something to fear, then do it. You must understand that legal methods of protection from the authorities do not work in this case. A guarantee is end-to-end encryption, when even the service does not have access to the materials, or the service’s refusal to cooperate with government agencies. For now, one can be more or less confident of this only in relation to foreign social networks, that is, those that the Russian authorities cannot physically reach. At the same time, you need to remember that you still remain at risk, since the information will continue to be stored on the server. However, if you are still prosecuted, the fact of removal may indicate repentance and serve as a reason for mitigating the punishment.
Picture #15: Jesus smoking a cigarette and blowing smoke through a hole in his palm
— Text memes for which you will sit (@text_ments)
Russia is cracking down on ordinary social media users if they post things online that could be construed as a “danger to the state.” Andrei Bubeev was sentenced to more than two years in prison for a picture that he shared with 12 of his friends on the social network VKontakte.
The hand squeezes the tube of toothpaste, the toothpaste flows out. Next to it are words about “squeezing out” the country.
This is a description of the picture that brought Andrei Bubeev to prison. For sharing it with 12 friends on social networks, he was sentenced to more than two years in prison, the AP news agency wrote in an article published on Monday.
Context
Russia uses extremism laws against dissidents
Reuters 12/17/2010Yuri Schmidt - about pardon, Medvedev, extremism, parties and civil society
Russian RFI service 04/05/2012Exhibition at the Hermitage is being checked for extremism
The Independent 12/08/2012 His wife Anastasia (23 years old) shows the picture to an AP journalist. According to the news agency, authorities in Russia are cracking down on ordinary social media users if they post things online that could be interpreted as a “danger to the state.”“He was interested in politics, read the news, shared information, but he did it for himself. It’s like collecting newspaper clippings,” says Andrei’s wife Anastasia.
She now lives alone with their four-year-old son and had to drop out of medical school because she couldn't afford to hire someone to look after her son while she studied.
According to his wife, Bubeev spent a lot of time on the Internet. He shared links on the Russian social network VKontakte and participated in political debates on local newspaper websites. VKontakte is the most popular social network in Russia, with more than 270 million accounts.
“His page was not popular, he only had 12 friends. He simply could not set himself the goal of forcing anyone to do anything.”
Using the law on extremism
At least 54 people in Russia have been jailed for “inciting hatred,” most of them for either posting or sharing things online. The figure is almost five times higher than it was five years ago, according to the Moscow-based human rights group SOVA. The group studies human rights, nationalism and xenophobia in Russia. The number of convictions for hate speech rose from 92 in 2010 to 233 last year.
A 2002 Russian law defines extremism as activities that “undermine state security and constitutional order” or “glorify racism or terrorism, or encourage others to do so.”
The law's vague definition makes it possible to target a variety of people, from those who create a terrorist cell or parade around with Nazi symbols to those who are most likely to write online what could be construed as a danger to the state. In the end, the court itself makes a decision on whether a social media post poses a danger to the state.
Attack on those who criticized interference in Ukrainian affairs
In February 2014, President Vladimir Putin also signed an amendment to the law that provides more severe penalties for non-violent extremist crimes, such as incitement to hatred. Later that year, after Russia annexed the Crimean peninsula, Putin signed a law making “steps aimed at destroying the territorial integrity of Russia” a crime punishable by up to five years in prison.
Many of those who have been jailed for inciting hatred on social media in Russia in the past couple of years have been critical of Russian intervention in Ukraine.
This happened with the pictures and articles that Andrey Bubeev reposted.
Andrei believes that the fact that he was put in prison was done on purpose: so that other citizens would be afraid to express their opinions, says his lawyer Svetlana Sidorkina in an interview with AP.
Captured by Russian special police
Exactly a year ago, a 40-year-old electrician went to work at a construction site outside the city. Since investigators were unable to reach him, they began to look for him as a suspect of extremism. When Bubeev went to visit his wife and son at a dacha in the village that same day, police special forces burst into the house and seized him.
A few months after his arrest, he pleaded guilty to "inciting hatred towards Russians" and was sentenced to a year in prison. He reposted photos, videos and articles from Ukrainian nationalist groups, including groups fighting Russian-backed separatists in eastern Ukraine.
Less than two weeks after Bubeev was sentenced, he was sentenced again. This time he was accused of “inciting terrorism and actions that undermine the territorial integrity of Russia.” He shared a picture of a tube of toothpaste, as well as an article titled “The Crimean Peninsula is Ukraine,” which called for military aggression against Russia.
On May 6, Bubeev was sentenced to prison for two years and three months.
Sentenced to years in prison
Earlier this month, another man was sentenced to two years in prison in Astrakhan for posting a call for Ukrainians to "fight against Putin's occupation forces."
In December, a man in Siberia was sentenced to five years in prison for “inciting hatred” against residents of eastern Ukraine in a video he posted online.
In October, a court in southern Russia sentenced a political activist to two years in prison for an illegal protest and social media posts in which he criticized Putin and called on southern Russia to join Ukraine.
The online community belongs to a pro-Putin billionaire
According to the SOVA group, half of the posts that led to convictions for inciting hatred were posted on the VKontakte network. The company that operates this social network is owned by pro-Kremlin billionaire Alisher Usmanov. SOVA director Alexander Verkhovsky believes that this makes it easier for Russian authorities to gain access to VKontakte accounts than in foreign online communities.
Bubeev’s lawyer claims that thanks to the privacy settings on the social network, his page was accessible to him and 12 of his friends. The lawyer told the AP that he could not explain how the security service discovered his post - or how it even gained access to accounts on this network.
VKontakte did not want to comment on the case when the news agency contacted it.
Decline in racially motivated violent crime
In the early 2000s, Russia was hit by a wave of violence against Asian foreign workers, but the number of attacks fell sharply after several dozen neo-Nazis received long prison sentences for extremism.
Human rights activists and lawyers who have worked on extremism cases say the decline in violent hate crimes has prompted police and investigators to shift to prosecuting nonviolent insults to show that the fight against extremism is continuing, AP said.
InoSMI materials contain assessments exclusively of foreign media and do not reflect the position of the InoSMI editorial staff.
I think each of the readers has encountered situations in life when one person violated the inviolability of the digital property of another.
For example, when a jealous husband secretly reads his wife’s mail, a fired employee takes out his anger on the website of his former employer, a teenager earns extra money by reselling stolen game items, a guy “hacks” the VK page of a girl he knows.
Such stories happen at every turn, but all of them are crimes for which criminal liability is provided under “Article 272 of the Criminal Code of the Russian Federation. Unauthorized access to computer information.”
In the vast majority of cases, the perpetrators of such stories remain unpunished, but there are exceptions. Let's talk about them.
Hero #1. Quit. Lost my mind...
A resident of Arkhangelsk resigned from his post as CEO of the company and was in a bad mood. After all, the reason for his dismissal was salary arrears. Emotionally, he went to the admin panel of the company’s website and:
changed the slider images, removing the original ones and adding new ones that discredited the business reputation of the Company, deleted the contact phone number and information about the Company’s existing certificates, changed information about production and quality of raw materials, deleted information about partners, environmental safety of products, environmental policy and social responsibility of the Company, adding instead information discrediting the business reputation of the Company
Soon, company employees discovered this, blocked his account and sued the man.
Punishment: fine of 40,000 rubles (cancelled in connection with the resolution “On declaring an amnesty in connection with the 70th anniversary of Victory in the Great Patriotic War of 1941-1945”).
Similar situation: A resident of Kazan was dismissed from the position of general director as a result of a conflict with the owner. Soon after the event, he entered the mailbox of his former boss, through it he gained access to the admin panel of the company’s website and deleted all files from there. The court fined him 100,000 rubles (cancelled under the amnesty in honor of Victory Day) and ordered him to pay 380,000 rubles in compensation for the deleted website (the owner of the company spent the same amount on creating a new one).
The saddest thing in the latter case is that before the conflict the men trusted each other very much. The owner himself told the general director the password for his mailbox and asked to send letters on his behalf. And the general gave the owner the keys to his apartment so that he could water the flowers in his absence.
And such cases occur among cases under Article 272 more often than all other typical situations. Hundreds of people worked for the company for years, earned trust, and had access to important IT resources. But then they quit and, under the pressure of emotions, they began to take revenge...
Hero #2. Got into my wife's mail
A resident of the city of Astrakhan picked up a password and went into his wife’s mailbox (mail.ru), read the letters, changed the password and personal data. He did all this at home and using a mobile phone registered to himself.
Punishment: a fine of 15,000 rubles (cancelled in connection with the resolution “On declaring an amnesty in connection with the 70th anniversary of Victory in the Great Patriotic War of 1941-1945”).
Such cases are less common in the database than stories on the topic “I quit, I freaked out...”, but they are more common than other typical situations. And one detail is often repeated in business: the defendant and the victim have the same surnames, but at the time the decision was made the defendant was already divorced (((
Perhaps women do not apply for those with whom they plan to continue living. Or husbands do not admit to breaking into boxes unless they find “compromising evidence” there, which is grounds for divorce.
Hero #3. “Hacked” a colleague’s VK page
A technical support specialist from Ryazan downloaded the DroidSheep program to his phone ( this happened in 2015) to intercept sessions of users who use open Wi-Fi.
When he was in the office with a colleague, he was able to log into her VK page using this program, read personal messages and copy the girl’s personal photographs from there (what was depicted on them was not indicated in the case). A colleague would never know about this, but the guy HIMSELF showed the girl that he could read her correspondence.
Punishment: restriction of freedom for a period of five months.
I wanted to find an example of a case in which a woman would be tried for reading her husband’s/friend’s email or social networks. But there were no such people...
This is strange, because we are very curious and every third person does this. But, apparently, men do not consider this situation a reason to report a loved one to the police.
Hero #4. Secretly set up forwarding of a woman's calls to his number
A man from Tyumen secretly entered the subscriber’s personal account on the operator’s website, which belonged to a woman, and set up call forwarding to his number.
How exactly he gained access to his personal account (he could reset the password via SMS while she was gone or ask to distribute Wi-Fi from a smartphone) and who the victim was related to the defendant is not specified in the case.
Punishment: restriction of freedom for a period of ten months.
Hero #5. Added a little personal opinion to the district administration website
Resident of the working-class village of Chany, Novosibirsk region:
through analysis, based on existing knowledge in the field of information technology, defendant A.V. Popkov modeled the account name and password for the administration system of the official website of the administration
After logging into the site admin area he:
added text with obscene and profanity to the headings “Spring field work continues, but [obscene language] is of no use, nothing will grow anyway” and “Let’s sing the song “Victory Day””, because there is nothing else to do...
He did all this directly on his work computer, absolutely not caring about his anonymity.
Punishment: a year of correctional labor. Here is a quote from the case:
sentence him to 1 (one) year of correctional labor with the withholding of 5% of wages to the state income with the serving of the sentence in places determined by the local government in agreement with the penal inspection, but in the area of residence of the convicted person.
Hero #6. “Hacked” the website of a government organization
Resident of the city of Kamyshin, Volgograd region visited a “hacker” site, where I found and copied the login and password of the specified web server with an IP address.
It was a service web server that belonged to the Ministry of Information and Communications. The man connected to the server and
installed and launched special software designed to obtain passwords for all users of a given operating system, and designed to promote websites in search engines.
Punishment: fine of 100,000 rubles (cancelled in connection with the resolution “On declaring an amnesty in connection with the 70th anniversary of Victory in the Great Patriotic War of 1941-1945”)
Hero #7. Stole items in an online game
A resident of the Ramensky district of the Moscow region infected the victim’s computer with the Trojan.PWS.Gamania trojan and, as a result, gained access to his account in the game Lineage 2. After that, he logged into it nine times and sold items in the game store.
Punishment: 4 months of restriction of freedom.
Hero #8. I stole my mailbox login and password using a phishing email
A system administrator from Orsk sent a link to a phishing page to the mailbox of the company he previously worked for under the guise of a lucrative offer from a non-existent client. The letter fell into the “right hands”:
From *** hour. *** By ***. *** year, an unidentified person from among the employees of LLC “***”, unaware of the criminal intentions of Zaruba I.A., while administering the email account ***, discovered and opened the above email, which resulted in a redirect to the email address http :// www.***, containing a fake electronic page simulating access to the electronic mail service *** with a proposal to re-enter the network access details of the login and password of the electronic mailbox ***.
An unidentified person from among the employees of LLC “***”, not realizing the falsity of the specified electronic page, entered the network access details to the email account ***.
After this, the defendant successfully entered the mailbox and copied letters from there to his hard drive, which was discovered as a result of the search. He told the police that he did not use this data and did everything described above simply for the purpose check yourself.
Punishment: imprisonment for a period of three months.
How are criminals identified?
Correspondence with a minor or a minor, can you go to jail? The main question that interests everyone who types this phrase on the Internet. We answer! They can be imprisoned if the person has not reached the age of 14, then they face a sentence of 3 to 8 years in prison. And if there was intimate correspondence with a minor, but the minor was under 16 years of age, then the court may impose up to 3 years in prison.
Nowadays, communication between people occurs at vast distances from each other using Internet resources, applications, social networks, etc. People make new acquaintances and do not know the whole truth about their interlocutors, for example, you think that you are communicating with an adult, but in fact, this is a 13-year-old teenager who poses as an adult (adult). Nowadays, more and more often, parents of such teenagers check their computer, phone and find correspondence and photographs of their children of a sexual nature, and accordingly turn to law enforcement agencies for help.
Attention! If you are accused of communicating with minors, if the police detained and the person was arrested, call our criminal lawyers immediately. There is no need to think and expect that the police will figure everything out and that they will suddenly let you go. This is a very serious article, especially in relation to persons under 14 years of age; a person can ruin his entire life even with the most innocent correspondence.
Correspondence with a minor, what are the dangers?
Correspondence with a minor, or a teenager under 14 years of age, threatens with real imprisonment for a very long term. Punishment for any attempts at intimate correspondence with a teenage girl or teenage boy who is not yet 14 years old is a very serious crime, so you should assume that this is just pampering and it won’t cost you anything. If a statement is written by your parents and they immediately come to your apartment to search them in order to unexpectedly confiscate all your computers and phones (the police always come without warning for such crimes), so that the person cannot be on the safe side and “clean everything up,” call and politely ask you to come, you definitely won’t be there, they’ll just come right away with an urgent search, everything will be confiscated in the presence of witnesses, and the suspect will go straight to the police department and will be held and interrogated there. Therefore, if such a situation occurs, you immediately need a lawyer. Straightaway! No testimony without a retained attorney.
What kind of punishment and whether there will be a punishment at all and whether law enforcement agencies will be able to prove at least something against you or your loved one depends entirely on the lawyer you hire. These are not simple matters. There are many opportunities to refute the charges and re-qualify the actions. Without a lawyer, you don’t need to say anything at all, then there may be nothing more than a couple of explanations to the operational workers and the case will not be dismissed due to lack of evidence.What influences punishment?
The main factor is, of course, the personality of the person who is accused of corresponding with minors. There is some evidence that this is a pedophile, for example, during a search in the apartment, materials were found that clearly indicate that the person is interested in minors on an ongoing basis. Watches porn videos with minors, magazines. This has a very bad effect on the punishment and the court will strive to give the maximum term provided by law. But if this is an ordinary young man or not very young, who decided to correspond a little with a teenage girl and no materials were found in his phone or at home that would compromise him as a pedophile, then the court here may not be so strict.
The nature of intimate correspondence also influences punishment. Correspondence correspondence is different! It will be read and evaluated. You can have light correspondence with intimate hints (flirting), or you can have correspondence with various photographs of genitals that a person sends or asks to be sent to him. Everything is individual! The personality of the minor also influences the punishment and what the injured party is like. Many, many factors. And when minors accuse a lot of harassment or correspondence, they do it for various reasons: selfish motives, personal resentment, hatred, desire to take revenge for something. A lot of everything. The Internet generation is very advanced!
Correspondence with a minor in VK
Let's look at one of the situations that, unfortunately, we (criminal lawyers) have to deal with more and more often. An incident from life: a young man of 20 years old communicated with a girl on the Internet, all the correspondence took place on VK (VKontakte) and was sure that she was 18 years old (that’s what she told him), he asked to take a photo of her legs and send it to him, the girl did this, she asked to send him a photo, in response, he also sent his photos naked to the waist (a selfie with a naked torso in the mirror). The young man asked to send a photo of the girl’s breasts, to which she refused. The correspondence ended, several months passed and the mother found this correspondence with her daughter on her phone and filed a statement with the police, since the girl turned out to be 12 years old, for information, the young man and the girl live in different cities, at a distance of 900 kilometers from each other . As a result: the young man was detained and was in custody for a long time in a pre-trial detention center (the man spent about 9 months in a pre-trial detention center while the criminal case was being investigated) until our lawyers managed to free him.
In all cases that concern minors and minors, criminal cases always take a long time to be investigated because... There is a lot of testing that needs to be done there. Each examination takes about 1-2 months to prepare, which is why the investigation can last up to a year, or even more, and all this time the person sits in a pre-trial detention center. But the main thing is the result, the guy is free. The court nevertheless considered it possible to give a suspended sentence. It was not easy to try to get the boy out on probation. Let's hope he doesn't do this again.
Understand! Any correspondence with a minor on VK that contains any intimate conversations, photos, videos, pornography and the like can lead to serious consequences, so think a million times when you correspond with a minor on VKontakte, and even more so if it is not just a minor , and a boy or girl who has not reached 14 years of age, then this can provide you with a long term in prison for a long time.
Here, law enforcement agencies have a complete evidence base, there is the correspondence itself, full access to the VK account of a minor or minor, law enforcement agencies have the testimony of a minor or minor victim, if correspondence with a minor on VK was conducted through a computer, then the IP address, the provider who provided access to the Internet, the address of the computer on which the correspondence was carried out is determined, and then they finally find out who had access to this computer; if several people had access to the computer, then everyone is interrogated.
Correspondence via Viber or Whats App with a minor or minor
And if the correspondence with the minor was not carried out on VKontakte, but through Viber or Whats App by phone, then it’s even easier, you just need to find out your mobile operator that provided access to the Internet and the SIM card with the person’s data will be immediately available to law enforcement agencies and that’s all, this is quite enough for arrest and further detention if there was intimate correspondence with a minor.
What if the SIM card is not registered in your name or you bought a SIM card without a passport for a complete stranger?
This will only complicate the work of law enforcement agencies a little; they will have to do billing and detailing of SIM card calls. All movements of the phone with this SIM card, even when it is turned off, are visible, all movements of the phone are found out, the IMAI data of the phone is found out, who has access to this phone, the location of this phone, the main addresses where the person goes. All these actions are done very quickly, because... Mobile operators usually provide all data about the phone and its movements and calls for almost any period of time within two weeks.
What if the correspondence was deleted?
If the correspondence with a minor has been erased, both on your phone and on the minor’s phone via the “Viber” or “Whats App” function, erase the messages, both from the sender and from the one to whom the messages were sent. Yes, this will make it much more difficult to prove guilt, but if a minor or minor indicates in her testimony that they corresponded with her about things of a sexual nature, showed her genitals on video, or asked to send her intimate parts of the body, then even without the absence of saved correspondence, 50% percent of what you you will remain in custody. The worst thing is that the person with whom you are corresponding has reached 14 years of age, because all correspondence with a minor in VK and other applications with a minor (a person under 14 years of age) entails severe prosecution and punishment. Correspondence with minors does not entail such serious consequences!
What article does correspondence with minors fall under?
This is considered indecent acts and falls under Article 135 of the Criminal Code of the Russian Federation.
Article 135 of the Criminal Code of the Russian Federation. Depraved acts
1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen, -
shall be punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to three years. for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
2. The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, -
shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years and with or without restriction of freedom for a term of up to two years.
3. Acts provided for in parts one or two of this article, committed in relation to two or more persons, -
shall be punishable by imprisonment for a term of five to twelve years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.
4. Acts provided for in parts one, two or three of this article, committed by a group of persons by prior conspiracy or by an organized group, -
shall be punishable by imprisonment for a term of seven to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.
5. The act provided for in part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -
shall be punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.
