Sex Crimes Defense Center · Case Type

If you are suspected of illegal filming,
consult counsel before handing over your phone

Investigations into filming using cameras usually begin with forensic analysis of phones and cloud storage. Cases often grow not because of the one scene in the complaint but because of other files found on the same device. How you conduct yourself before and after seizure determines the outcome.

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What conduct is punished, and how

Filming parts of another person's body that can arouse sexual desire or shame against that person's will violates Article 14 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법). Penalties by conduct are as follows.

  • Filming · Imprisonment of up to 7 years or a fine of up to KRW 50 million (Article 14(1))
  • Distribution, sale, provision, display · Imprisonment of up to 7 years or a fine of up to KRW 50 million. The same applies when the filming was consensual but the recording is later spread against the person's will [paragraph (2)]
  • Distribution through an information and communications network for profit · Imprisonment for a fixed term of at least 3 years [paragraph (3)]
  • Possessing, purchasing, storing, viewing · Imprisonment of up to 3 years or a fine of up to KRW 30 million [paragraph (4)]
  • Habitual offenders · Aggravated by up to one half of the applicable penalty [paragraph (5)]

Where there is room to contest the charge

Not every recording that captures a person is punishable. The court considers which body part was filmed, the angle and distance, the clothing, and how the filming came about, and decides whether the body shown could arouse sexual desire or shame. The conclusion may differ when a person was captured while filming scenery or daily life, when the person filmed consented, or when no filming actually took place.

Even if recordings of other people unrelated to the charges in the warrant are found on a seized phone, their admissibility can be challenged if they were obtained by searching without a separate procedure. For this, you must not miss the opportunity to observe the forensic examination.

Referral provision applying from October 2, 2026 · The amended Article 26-2 of the Sexual Violence Punishment Act abolished the police's power to close sexual violence cases themselves. Every case goes to the prosecutor, and the rule applies equally to cases still under investigation when it took effect. So you must aim for a non-indictment (no suspicion) decision by the prosecutor, not non-referral (the police deciding not to send the case to a prosecutor) at the police stage. What you said to the police is placed before the prosecutor as it is, so how your first statement is recorded matters much more.

If you admit the charge

Even for a first offense, a prison sentence is possible if there are many recordings or victims. In sentencing, key materials are a settlement with the victim, confirmation of deletion of the recordings, and records of completed treatment and education to prevent recurrence. Even if a fine becomes final, you become subject to personal information registration, and an employment restriction order may be attached.

Frequently Asked Questions

They are asking me to hand over my phone. Can I refuse?
You can refuse voluntary submission. However, if investigative agencies obtain a warrant, seizure cannot be avoided. Decide first with your defense counsel on the scope of submission and whether to observe the forensic examination. Never delete files or reset the phone, as this can be mistaken for destruction of evidence.
Is a video filmed with my partner's consent while we were dating also a problem?
If there was consent at the time of filming, it is not the filming offense under paragraph (1). However, sending or posting it against the other person's will after a breakup can lead to imprisonment of up to 7 years or a fine of up to KRW 50 million for the distribution offense under paragraph (2).
I deleted it right after filming. Can I still be punished?
If the filming was completed, the crime is established regardless of later deletion. However, the fact that you deleted it and that there was no distribution can be considered in sentencing. Prepare your statement on the assumption that deleted files can be recovered through forensics.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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