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CHARGES

Sexual offence charges and penalties

Korea punishes sexual offences under the Criminal Act, the Sexual Violence Punishment Act and the Juvenile Sexual Protection Act. The penalty depends on the conduct, the place and the victim.

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Statutory penalties at a glance

ProvisionConductStatutory penalty
Sexual Violence Punishment Act Art. 13Obscene messages by phone, text or onlineUp to 2 years' imprisonment or a fine up to KRW 20 million
Sexual Violence Punishment Act Art. 11Molestation in a crowded placeUp to 3 years' imprisonment or a fine up to KRW 30 million
Sexual Violence Punishment Act Art. 14Illegal filming / distributionUp to 7 years' imprisonment or a fine up to KRW 50 million
Sexual Violence Punishment Act Art. 14-2Deepfake sexual material: editing, distributionUp to 7 years' imprisonment or a fine up to KRW 50 million
Criminal Act Art. 298, 299Sexual assault (indecent act by force), incl. against an incapacitated personUp to 10 years' imprisonment or a fine up to KRW 15 million
Criminal Act Art. 297, 299Rape, quasi-rapeAt least 3 years' imprisonment
Juvenile Sexual Protection Act Art. 7Rape of a child or juvenile (under 19)Life imprisonment or at least 5 years
01

Sexual assault (touching)

Unwanted touching is charged as an indecent act by force. Whether force or a sudden act was involved, and what the complainant said and did, are central.

Up to 10 years or a fine up to KRW 15 million

Key issues

  • What exactly happened, in what order
  • CCTV, messages and witnesses before and after
  • Whether the complainant was intoxicated or asleep (quasi-indecent act)
  • Consistency of the complainant's statement

The first statement matters most. Prepare it with a lawyer before questioning.

02

Rape and quasi-rape

Rape requires violence or threats; quasi-rape covers sex with a person who could not resist because of intoxication or sleep. Consent and the complainant's condition are the main issues.

At least 3 years' imprisonment; heavier with weapons, two or more offenders or injury

Key issues

  • Communication before and after the encounter
  • How drunk each person was, shown by receipts, CCTV and messages
  • Whether force or threats were used
  • Injury claims and medical records

These charges carry a high risk of detention, so preparing for a warrant hearing from the start is important.

03

Illegal filming

Filming a person's body without consent in a way that may cause sexual shame is a crime, and so is distributing such footage even if the filming itself was consented to.

Filming or distribution: up to 7 years or a fine up to KRW 50 million

Key issues

  • Phone and cloud forensic analysis and its scope
  • Whether the footage meets the legal definition
  • Whether it was shared with anyone
  • Deletion before the investigation can be treated as destroying evidence

Attend the forensic analysis with your lawyer and check that only files within the warrant are examined.

04

Deepfakes and possession

Editing or distributing deepfake sexual material is punished, and since 2024 possessing, buying, storing or viewing it is also a crime.

Editing / distribution: up to 7 years or a fine up to KRW 50 million; possession / viewing: up to 3 years or a fine up to KRW 30 million

Key issues

  • How the file came to be on your device
  • Whether you knew what it was
  • Group chats and channels you were in
  • Whether any minors are depicted, which brings much heavier penalties

If minors are depicted, the case falls under the Juvenile Sexual Protection Act as sexual exploitation material.

05

Obscene messages

Sending sexual words, images or videos by phone, text, messenger or social media that cause sexual shame or disgust is a crime.

Up to 2 years or a fine up to KRW 20 million

Key issues

  • The full context of the conversation
  • Whether the content was sexual under the law
  • Whether it was sent to cause shame or disgust
  • Whether it was a one-off or repeated

If a fine is imposed, sex offender registration does not follow for this charge.

06

Molestation in crowded places

Touching someone on the subway, a bus or at a concert or festival is punished even if it lasted only a moment. Many cases start with an arrest on the spot.

Up to 3 years or a fine up to KRW 30 million

Key issues

  • CCTV and footage from inside the train or venue
  • How crowded it was and how contact happened
  • Whether the contact was intentional
  • Statements taken at the scene

If you were arrested at the scene, get advice before your formal questioning.

This site provides general legal information, not advice on any specific case. Outcomes depend on the facts of each case.

Before you give your first statement,
talk to a lawyer.

1644-9942Consult