Attorney, I did not show the nude photo directly but sent it through an internet link. Can I still be punished in such a case?

Even when a nude photo is transmitted through an internet link, the crime of obscenity via telecommunication media may be established.

According to Supreme Court precedent, even if you did not send the photo file directly, if the other party was placed in a state where they could actually feel sexual humiliation, it is evaluated as ‘having caused the material to reach’ them.

In other words, if the other party could view the photo through the link without any separate restriction, this is regarded as effectively no different from delivering it directly.

However, whether punishment is imposed is determined by comprehensively considering various circumstances, such as the intent and purpose of the actor at the time of transmission, the specific nature of the link, and whether the other party was in a state to actually perceive it.

For example, if a person merely shared an image already published on the internet, or if the intent to arouse sexual desire is not clear, the establishment of the crime may be difficult.

Therefore, even if the material was sent through a link, the fact that the other party felt displeasure does not by itself lead to immediate punishment, and it is important to work together with a sex crimes attorney to objectively establish the circumstances and context of the transmission.

For this reason, when a charge of obscenity via telecommunication media arises, it is essential to clearly explain the facts and intent from the early stage of the case through consultation with a sex crimes attorney.

For detailed matters, please confirm them through consultation with a sex crimes attorney regarding obscenity via telecommunication media.