Obscene acts by using means of communication — Sexual Purpose at Issue

Case Overview

While playing a multiplayer online game, our client got into a dispute with a teammate. The two began hurling insults at each other in the in-game chat, which eventually escalated to sexually explicit profanity. After the dispute, our client was contacted by the police and summoned for questioning on a charge of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법) (Obscene acts by using means of communication).

Our Strategy

The offense of Obscene acts by using means of communication under Article 13 of the Sexual Violence Punishment Act is established only when a person, 'for the purpose of arousing or satisfying his or her own or another person's sexual desire,' causes words, sounds, writings, images, videos, or objects that induce sexual shame or disgust to reach another person via telephone, mail, computer, or other means of telecommunication. Because it is a so-called specific-intent offense, we emphasized that our client had no such purpose.

Result · No Charges Filed

Obscene acts by using means of communication — Sexual Purpose at Issue

Court document for Obscene Acts via Telecommunications — Sexual Purpose at Issue (personal data redacted)

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.