Calculators & Self-ChecksProsecution Request Estimator
Sexual intercourse or indecent acts with a person aged 13 or over but under 16 (by a person aged 19 or over): statutory penalty and likely requested sentence
The statutory penalty for Sexual intercourse or indecent acts with a person aged 13 or over but under 16 (by a person aged 19 or over) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Intercourse: 3 years or more in prison for a fixed term / Sexual acts similar to intercourse: 2 years or more in prison for a fixed term / Indecent acts: up to 10 years in prison or a fine of up to KRW 15 million
- Legal basis
- Criminal Act, Article 305(2)
- Category
- Sex crimes
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 8 to 12 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 5 to 10 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 3 to 6 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 5 years 4 months to 8 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 3 years 4 months to 6 years 8 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 to 4 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 3 to 6 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 4 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year 8 months in prison
Notes
- Since a 2020 amendment, a person aged 19 or over who has sex with, or commits indecent acts on, a person aged 13 or over but under 16 is punished even if the other person consented.
- If the other person is under 13, it is punished regardless of the offender's age and much more heavily.
- A final conviction may lead to registration of personal information and a ban on working at institutions related to children and youth.
Frequently asked questions
- Sexual intercourse or indecent acts with a person aged 13 or over but under 16 (by a person aged 19 or over): what is the statutory penalty?
- Legal basis: Criminal Act, Article 305(2). Statutory penalty: Intercourse: 3 years or more in prison for a fixed term / Sexual acts similar to intercourse: 2 years or more in prison for a fixed term / Indecent acts: up to 10 years in prison or a fine of up to KRW 15 million.
- Sexual intercourse or indecent acts with a person aged 13 or over but under 16 (by a person aged 19 or over): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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