22/10/2024 08:24

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?

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?

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 molestation of a person under 16 in Vietnam?

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:

No. Name of Decision Issued Date Court
1 Decision 60/2024/HS-ST on molestation of a person under 16 March 13, 2024 People's Court of Long Thanh district, Dong Nai Province
2 Decision 10/2024/HS-ST on molestation of a person under 16 February 6, 2024 People's Court of Hoa Lu district, Ninh Binh Province
3 Decision 06/2023/HS-ST on molestation of a person under 16 January 25, 2024 People's Court of Dien Chau district, Nghe An Province
4 Decision 02/2024/HS-ST on molestation of a person under 16 January 8, 2024 People's Court of N district-level town, Khanh Hoa Province
5 Decision 10/2024/HS-ST on molestation of a person under 16 February 6, 2024 People's Court of Hoa Lu district, Ninh Binh Province
6 Decision 185/2023/HS-ST on molestation of a person under 16 December 1, 2023 People's Court of Quy Nhon city, Binh Dinh Province
7 Decision 304/2023/HS-ST on molestation of a person under 16 November 30, 2023 People's Court of Bac Tu Liem district, Hanoi City
8 Decision 70/2023/HS-ST on molestation of a person under 16 November 10, 2023 People's Court of D district, Quang Nam Province
9 Decision 34/2023/HS-ST on molestation of a person under 16 November 6, 2023 People's Court of V district, B Province
10 Decision 59/2023/HS-ST on molestation with a person under 16 years of age October 26, 2023 People's Court of T district, Ha Tinh Province
11 Decision 44/2023/HS-ST on molestation of a person under 16 September 29, 2023 People's Court of T district, Dong Thap Province
12 Decision 268/2023/HS-ST on molestation with a person under 16 years of age September 26, 2023 People's Court of T city, D Province
13 Decision 74/2023/HS-ST on molestation of a person under 16 September 8, 2023 People's Court of Binh Thuy district, Can Tho City
14 Decision 73/2023/HS-ST on molestation of a person under 16 September 6, 2023 People's Court of Chau Thanh district, Tay Ninh Province
15 Decision 55/2023/HS-ST on molestation of a person under 16 August 31, 2023 People's Court of Nghia Hung district, Nam Dinh Province
16 Decision 50/2023/HS-PT on molestation of a person under 16 August 18, 2023 People's Court of Can Tho City
17 Decision 119/2023/HS-ST on molestation of a person under 16 August 15, 2023 People's Court of Phu My district-level town, Ba Ria - Vung Tau Province
18 Decision 118/2023/HS-ST on molestation of a person under 16 August 10, 2023 People's Court of District 8, Ho Chi Minh City
19 Decision 43/2023/HS-ST on molestation of a person under 16 July 19, 2023 People's Court of Phu Rieng district, Binh Phuoc Province
20 Decision 121/2023/HS-ST on molestation of a person under 16 July 19, 2023 People's Court of Vinh Cuu district, Dong Nai Province
21 Decision 30/2023/HS-ST on molestation of a person under 16 July 17, 2023 People's Court of N district, D Province
22 Decision 257/2023/HS-ST on molestation of a person under 16 July 6, 2023 People's Court of Thu Duc City, Ho Chi Minh City
23 Decision 08/2023/HS-ST on molestation of a person under 16 July 4, 2023 People's Court of Hoa Vang district, Da Nang City
24 Decision 08/2024/HS-ST on molestation of a person under 16 March 14, 2024 People's Court of Co Do district, Can Tho City
25 Decision 22/2023/HS-ST on molestation of a person under 16 June 28, 2023 People's Court of Con Cuong district, Nghe An Province
26 Decision 523/2023/HS-PT on molestation of a person under 16 June 26, 2023 People's Court of Hanoi City
27 Decision 20/2023/HS-ST on molestation of a person under 16 June 23, 2023 People's Court of Vinh Linh district, Quang Tri Province
28 Decision 49/2023/HS-ST on molestation of a person under 16 June 20, 2023 People's Court of Hai Hau district, Nam Dinh Province
29 Decision 34/2023/HS-ST on molestation of a person under 16 June 14, 2023 People's Court of District 11, Ho Chi Minh City
30 Decision 23/2023/HS-ST on molestation of a person under 16 June 2, 2023 People's Court of H district, D Province
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