During the summer vacation, a report by Shenzhen News Network about minors encountering online intimidation-based fraud drew widespread attention. The report noted that fraudsters contact minors through channels such as in-game private messages, charitable donation rebates, and celebrity fan benefits, pose as police officers, and intimidate children by claiming they have "broken the law," inducing them to enable screen sharing and provide verification codes, thereby stealing family funds. As a lawyer who has long followed cybercrime and the protection of minors' rights, I believe this is not merely a family safety issue, but also involves deeper legal topics such as the determination of criminal offenses, the boundaries of guardianship responsibility, and the supervisory obligations of platforms. This article will analyze, from a legal practice perspective, the legal nature of such fraud, strategies for parents to respond, and avenues for rights protection, providing practical anti-fraud guidance for Shenzhen families.

I. Legal Characterization of Online Intimidation and Fraud: From Civil Fraud to Criminal Offense

This type of "intimidation-based" online fraud primarily exploits minors' fear by fabricating an identity of public authority to coerce them. From a criminal law perspective, such conduct fully satisfies the constituent elements of fraud under Article 266 of the Criminal Law: the perpetrator, with the intent of illegal possession, fabricates facts and conceals the truth to defraud a relatively large amount of public or private property. The fraudster's impersonation of police officers and fabrication of "illegal" facts constitute a typical case of "fabricating facts"; meanwhile, requiring the child to "hide it from their parents" is designed to circumvent the victim's cognitive ability and strengthen the deceptive effect.

It is worth noting that if the fraud process involves verbal threats such as "if you don't cooperate, your parents will be taken away" or "you will be detained," it may also cross into the boundaries of extortion. In judicial practice, the two crimes often overlap, and the final conviction depends on whether the perpetrator's primary means is "deception" or "intimidation." Recent judgments in the Shenzhen area show that courts generally impose stricter penalties on online fraud targeting minors. Cases involving a cumulative fraud amount of 3,000 yuan or more can be filed for prosecution, and in cases involving a huge amount (over 100,000 yuan), the maximum sentence can be more than ten years in prison.

Additionally, the judicial interpretation of the Supreme People's Court on several issues concerning the specific application of law in criminal cases involving minors, which takes effect on January 1, 2026, emphasizes that heavier punishments shall be imposed, as circumstances warrant, on those who use minors to commit crimes or commit crimes against minors. This provides a strong basis for the families of victims to seek criminal remedies.

II. Legal Boundaries of Parental Guardianship Responsibility: The Balance Between Negligence and Exemption

The report emphasizes that "parents need to take four preventive measures," which involves the guardianship responsibility stipulated in Article 34 of the Civil Code. This clause clearly states that guardians who fail to fulfill their guardianship duties or infringe upon the lawful rights and interests of the persons under their guardianship shall bear legal liability. In cases where minors are defrauded online, if losses occur due to parents' negligence in management (such as failing to set payment passwords or allowing children to operate phones unsupervised), are the parents required to bear partial responsibility themselves?

From a judicial practice perspective, when handling civil recourse, courts will comprehensively consider the degree of fault of the guardian. For example, if the parents have already set up payment verification and regularly carry out anti-fraud education, fulfilling their reasonable duty of care, their own liability may be reduced, and they may recover the full amount of the fraud loss; conversely, if they clearly turn a blind eye, the court may discretionarily determine that the parents bear 10%-30% of the fault liability. However, criminal liability is not subject to this limitation, and public security organs should still file a case and conduct a full investigation.

It is worth being vigilant that some parents, in order to "smooth things over," choose not to call the police, which instead emboldens the criminals. Lawyers advise that once fraud is discovered, one should immediately preserve chat records and transfer vouchers, call 110 or 96110 right away, and contact the bank to freeze accounts. Reporting to the police is not only the best way to recover losses, but also a legal reflection of fulfilling guardianship responsibilities.

III. Collaborative Duties of Platforms and Schools: How the Law Enforces the "First Line of Defense"

Fraudsters use game private messages and social platforms to contact minors, exposing loopholes in content review and age verification on online platforms. Article 76 of the Minors Protection Law stipulates that online product and service providers shall set up corresponding functions such as time management, permission management, and consumption management for minors, and take disposal measures against suspected illegal information. If platforms fail to effectively intercept obvious fraud information (such as scripts like "police handling cases online"), they may face administrative penalties and even bear joint civil liability for compensation.

As a major hub for the internet industry, Shenzhen already has local enterprises exploring technical measures such as forced pop-up notifications for "minor mode" and secondary facial recognition for large payments. However, the law does not mandate that platforms monitor private messages in real time, so parents must still assume the role of "primary responsible persons." At the same time, schools should carry out legal education before the summer vacation, incorporate "scams impersonating police and prosecutors" into safety curricula, and establish a rapid notification mechanism with parents. If schools fail to fulfill their educational obligations, although they generally do not bear direct compensation liability, this may affect the apportionment of fault when parents pursue accountability.

IV. Legal Recourse for Victim Families: Parallel Tracks of Criminal Reporting and Civil Compensation

In dealing with such fraud, parents must avoid "private settlement" or "simply accepting their bad luck." To properly protect their rights, they should follow the principle of "criminal first, civil second." Step one: bring evidence to the police station to report the case and request filing and investigation. Step two: if the case is solved, they may file an incidental civil action during the criminal proceedings to demand restitution for losses. Step three: if the suspect cannot be identified, they may sue the platform under Article 1198 of the Civil Code for failing to fulfill its safety protection obligations and claim partial compensation.

The Shenzhen Legal Aid Center has established a fast-track channel for cases involving minors who have been defrauded, and families with financial difficulties may apply for free legal services. In addition, parents should pay attention to early warning information pushed by the "96110" anti-fraud hotline and promptly download the National Anti-Fraud Center app, enabling the incoming call alert function. For children who have already fallen into psychological panic, parents need to patiently guide them and, if necessary, seek psychological counseling to avoid causing secondary harm.

Finally, I would like to remind parents in Shenzhen: the law is a powerful tool for remedies after the fact, but prevention beforehand is always better than accountability afterward. Establishing a "Family Convention for Internet Use" with your children, agreeing that "any online transfer must be approved by parents in person," is the lowest-cost line of defense. If you or your family fall victim to similar scams, be sure to preserve all electronic evidence and promptly consult a professional lawyer. Guangdong Zhiming Law Firm can provide free initial legal consultation for Shenzhen families, helping you clarify responsibilities and protect your rights in accordance with the law, working together to safeguard children's digital security.