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Legal Intellectual

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Q

Sex crime attorney, does secretly photographing a woman's legs on a bus also constitute a sex crime?

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Hello, sex crimes attorney. I took a photo of an unknown woman's legs while she was sleeping on a bus. I got reported for a sex crime over this, but I didn't commit any indecent assault — I just took a photo. Does this really count as a sex crime? It seems I've been reported for something called illegal filming using a camera... is that also a type of sex crime?

sex crime attorney

A

Answer to Related Inquiry

Hello. This is the sex crime attorney at Daeryun LLC.

The crime of using a camera or similar device involves photographing another person's body against the wishes of the person concerned and constitutes a sex crime.

According to Article 14 of the Act on Special Cases concerning the Punishment of Sexual Violence Crimes, photographing another person's body using a camera or a mechanical device with similar functions, against the wishes of the subject, may result in imprisonment of up to 7 years or a fine of up to 50 million won, and attempts are punished the same way. In particular, the same criminal punishment also applies to distributing, selling, leasing, or disclosing the photographed images or videos.

Therefore, photographing a sleeping woman's legs on a bus without permission constitutes the crime of using a camera separate from indecent assault, and it is a sex crime that infringes on the right to sexual self-determination.

In principle, even simple photographing is subject to punishment, and the sentence may vary depending on factors such as whether the images were distributed, the wishes of the subject at the time of photographing, and whether there was a commercial purpose.

For more details about the crime of using a camera, please consult with a sex crime attorney.

In sex crime cases, it is important to prepare a response strategy from the early stages of the case, so you should consider receiving the assistance of a sex crime attorney.

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