What is the act of molestation according to the law in Vietnam? What are the penalties for molestation of a person under 16 in Vietnam? What are judgments related to this matter?

1. What is the act of molestation according to the law in Vietnam?

Clause 3, Article 3 of Resolution 06/2019/NQ-HDTP defines molestation as follows:

Molestation as stipulated in Clause 1, Article 146 of the Criminal Code 2015 are actions by individuals of the same or opposite sex that involve physical contact, either directly or indirectly through clothing, with the genital organs, sensitive parts, or other body parts of a person under 16 years of age with a sexual nature, but not for the purpose of sexual intercourse, including one of the following actions:

- Using genital organs or sensitive parts to touch (e.g., touching, rubbing, caressing...) the genital organs, sensitive parts, or other parts of a person under 16 years of age;

- Using other body parts (e.g., hands, feet, mouth, tongue...) to make contact (e.g., fondling, touching, squeezing, pinching, kissing, licking...) with the genital organs, sensitive parts of a person under 16 years of age;

- Using sexual tools to make contact (e.g., touching, rubbing, caressing...) with the genital organs or sensitive parts of a person under 16 years of age;

- Luring or coercing a person under 16 years of age to use other body parts to make contact (e.g., fondling, touching, squeezing, pinching, kissing, licking...) with the sensitive parts of the perpetrator or another person;

- Other actions of a sexual nature but not intended for sexual intercourse (e.g., kissing on the mouth, neck, ears, nape of a person under 16 years of age).

2. What are the penalties for molestation of a person under 16 in Vietnam?

According to Article 146 of the Criminal Code 2015 (amended by point e, Clause 2, Article 2 of the Law on amendments to Criminal Code 2017), the penalties for molestation of a person under 16 is as follows:

Level 1: Imprisonment from 06 months to 03 years for any person aged 18 years or older who commits molestation of a person under 16 for purposes other than sexual intercourse or other sexual activities.

Level 2: Imprisonment from 03 years to 07 years in the following cases:

- Committing the crime in an organized manner;

- Committing the crime 02 times or more;

- Against 02 or more people;

- Against a person the offender has responsibilities to care for, educate, or treat;

- Causing mental and behavioral disorders of the victim with a body injury rate between 31% and 60%;

- Dangerous recidivism.

Level 3: Imprisonment from 07 years to 12 years in the following cases:

- Causing mental and behavioral disorders of the victim with a body injury rate of 61% or more;

- Causing the victim to commit suicide.

In addition, offenders may be prohibited from holding certain positions or practicing certain professions or jobs for 01 to 05 years.

3. What are judgments related to molestation of a person under 16 in Vietnam?

Below are some court judgments related to molestation of a person under 16:

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