Sex Crimes Defense Center · Case Type

A complaint over obscene messages:
without a sexual purpose, there is no crime

Arguments during games, messages between partners, and jokes in workplace group chats not infrequently turn into complaints of obscene communication through telecommunications media. This crime requires a specific purpose and is not established without a sexual purpose. What matters is not a particular word but the context in which the conversation unfolded.

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Elements and penalty

Under Article 13 (of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법)), a person is punished for sending, so that it reaches the other person, words, writing, images or video that cause sexual shame or disgust, through telecommunications media such as the telephone, mail or computers, for the purpose of arousing or satisfying their own or another's sexual desire. The penalty is imprisonment of up to 2 years or a fine of up to KRW 20 million.

The decisive factor is purpose. Even abuse that includes sexual words is hard to regard as an expression with sexual purpose if it came out of anger or an intent to belittle the other person. In a game chat case defended by DAEON Law Firm, the court acquitted, holding that a sexual purpose cannot be assumed merely because sexual words appeared.

What is examined?

  • Purpose · The flow before and after the remarks at issue, the other person's tone and level of language, and the relationship between the two
  • Consent and relationship · Whether the two usually exchanged sexual talk, and how the other person reacted at first
  • Whether it reached the person · Whether the other person actually received the message, and whether it was a one-on-one chat or a room with several people
  • Distinguishing other crimes · It may amount only to insult or defamation and not to this crime
Procedure changed after October 2, 2026 · With Article 26-2 added to the Sexual Violence Punishment Act, judicial police officers can no longer close sexual violence cases without referral. Every case goes to the prosecutor, including cases whose investigation was not finished on the effective date. To obtain a no-suspicion outcome, you need a non-indictment (no suspicion) decision by the prosecutor, and the statements you made during police questioning carry over to the prosecutor as they are. Put that much more effort into preparing for the first questioning.

Will a fine lead to personal information registration?

If this crime ends with a final fine, it is not subject to personal information registration (proviso to Article 42(1) of the Sexual Violence Punishment Act). Conversely, imprisonment requires registration even if suspended. This is why we work to obtain a fine even when the facts are not disputed.

Frequently Asked Questions

The other person swore at me too, but only I was reported.
The conversation exchanged by both sides must be read from beginning to end. If it shows that you were angered by the other person's words and fired back, that is the strongest basis for arguing there was no sexual purpose. Do not delete any conversation; keep everything.
The recipient was a minor.
It is true that the investigation becomes stricter when the other person is young. But the elements do not change, so if there was no sexual purpose, you cannot be found guilty. DAEON Law Firm also obtained an acquittal in a game chat case where the other person was a juvenile.
I deleted the message right after sending it.
If the other person read it or took a screenshot, it can be found to have reached them. More than whether you deleted it, you need to be able to explain why and how you came to send such a message.

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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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