Manufacturing and Distributing Sexual Exploitation Material Involving Minors — Is Life Imprisonment Possible?

Among those reading this article, some may be under suspicion of producing or distributing 'sexual exploitation material' involving a 'minor'.

This offense begins as an illegal filming charge — filming another person's body without consent — but when the victim is a minor, it shifts to a case under the Act on the Protection of Children and Youth against Sexual Abuse, resulting in aggravated punishment.

For sex offenses involving minors, even if the filming was done out of curiosity, or even if it was only attempted and never completed, punishment may still follow.

And if the filmed content was distributed online, the harm is considered serious, resulting in a heavier sentence.

Furthermore, a conviction with a fine or heavier penalty may also trigger sex offender protective measures.

Therefore, you must quickly grasp the facts of the case and actively state your position during the police investigation stage to obtain a Suspended Indictment.

Only then can you avoid both a criminal record for a sex offense and protective measures. However, since obtaining such a decision is realistically difficult, it is important to receive assistance from an attorney who is well versed in the investigation stage.

At LAWFIRM LEAP, attorneys with experience at large law firms and as former police officers handle each case, so we understand the police's perspective better than anyone, and we take the necessary steps at the initial response stage to help present the case favorably.

With that in mind, today we will explain the sentencing range for manufacturing and distributing sexual exploitation material involving minors, and whether there is a way to obtain a Suspended Indictment. We recommend taking just 3 minutes to review the following.

01What Is the Sentence for Manufacturing and Distributing Sexual Exploitation Material Involving Minors?

Filming another person's body or sexual acts without consent and illegally distributing such content may result in punishment under the provisions of the Act on Special Cases Concerning the Punishment of Sexual Crimes for illegal filming.

If found guilty, the offender may face up to 7 years of imprisonment or a fine of up to 50 million KRW.

However, if the filming of a body or sexual act is done coercively against a minor — that is, if child sexual exploitation material is produced — the sentence is aggravated.

If someone is caught producing and distributing sexual exploitation material involving a minor, the prison term can be 5 years or more, and 'life imprisonment' is also possible. Since there is no provision for a fine at all under this charge, there is a significant risk of being held in custody through the trial.

Act on the Protection of Children and Youth against Sexual Abuse, Article 11 (Production and Distribution, etc. of Child/Youth Sexual Exploitation Material) ① A person who produces, imports, or exports child/youth sexual exploitation material shall be punished by life imprisonment or imprisonment for not less than 5 years. ⑤ A person who purchases child/youth sexual exploitation material, or who possesses or views such material knowing that it constitutes child/youth sexual exploitation material, shall be punished by imprisonment for a fixed term of not less than 1 year.

Under the Act on the Protection of Children and Youth against Sexual Abuse, if a person knowingly possessed or distributed such material for commercial purposes, or even merely possessed or viewed it, all such conduct may result in a prison sentence with no fine available, so it is important to receive assistance from a specialized attorney throughout the legal process.

In particular, even for a first-time offender, the severity of punishment increases given that the crime targets a socially vulnerable person, and since the charge carries only imprisonment as a penalty, there is a higher likelihood that sex offender protective measures will follow.

Sex offender protective measures refer to measures that impose serious social restrictions — such as registration and disclosure of personal information under the social stigma of being a sex offender, employment restriction orders at certain institutions, or the wearing of an electronic monitoring device — causing severe psychological distress as well.

Since such consequences can have a devastating impact on one's life, if you are under police investigation in connection with this matter, you must not respond complacently even if you are a first-time offender.

You must systematically prepare for and respond to statements and investigation procedures under the guidance of an attorney who specializes in sex offenses, particularly cases under the Act on the Protection of Children and Youth against Sexual Abuse, in order to determine how best to respond during the investigation stage to obtain a Suspended Indictment.

02Manufacturing and Distributing Sexual Exploitation Material Involving Minors: How to Reduce Legal Liability

As mentioned earlier, offenses targeting minors are met with severe punishment out of consideration for victim protection.

Nevertheless, even in cases where the charges are established, the chance of leniency increases if you can establish from the early stage of the case that the act was not intentional — that is, that you filmed the video without knowing the person was a minor.

To do this, you must persuade the court that, viewed objectively, the appearance or demeanor of the persons in the video was such that it could not have been known that they were minors.

You must also show that although the filming was done out of curiosity, there was no intent to distribute it.

If, in fact, the material was only filmed and never distributed, punishment still cannot be avoided, but the harm is reduced, which can lower legal liability.

Also, if the distribution occurred impulsively, you should show that there was no intent to gain financial benefit in order to reduce the gravity of the offense, and quickly reach a settlement with the victim, demonstrating a genuine willingness to compensate for the harm caused.

In addition, being a first-time offender with no prior sex offense record, showing remorse and apologizing to the victim, and demonstrating a firm resolve never to reoffend can be recognized as sentencing factors.

Although a Suspended Indictment is difficult to obtain in such a serious case, there is still a chance of leniency if you actively communicate with the investigative authorities to find a sentencing strategy that can work in your favor during the police investigation stage.

Therefore, you must properly understand the police investigation procedure and work with an expert who has a strong track record in devising initial-response strategies for sex offense cases.

Genuine commitment to the client, and viewing the case from the perspective of the police

The attorneys at LAWFIRM LEAP have worked at Kim & Chang and Bae, Kim & Lee, two of Korea's largest law firms, handling a wide range of sex offense cases, and as former police officers, have personally conducted numerous initial investigations critical to sex offense cases, giving them in-depth expertise necessary for responding at the early investigation stage.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a large law firm and as a police officer will personally support your case from beginning to end.

We will take full responsibility for actively substantiating the client's position, reducing legal liability in cases involving material under the Act on the Protection of Children and Youth against Sexual Abuse, and defending against a harsh sentence.

We at LEAP understand your situation and urgency better than anyone, and we will mobilize all our knowledge and experience to fight actively for the best possible outcome.

If a police investigation is imminent, please contact LEAP as soon as possible. We will help ensure the police investigation proceeds smoothly so as not to miss this critical window of opportunity.

Thank you for reading this long article.