On October 01, 2019, the Supreme People's Court issued Resolution 06/2019/NQ-HDTP providing guidance on the application of certain provisions of Articles 141, 142, 143, 144, 145, 146, 147 of the Criminal Code and the adjudication of cases involving sexual abuse of persons under 18 years of age.
In this Resolution, the term “obscenity” is defined as actions by individuals of the same or opposite sex that involve direct or indirect physical contact through clothing with the genital organs, sensitive parts, or other parts of the body of a person under 16 years old in a sexual nature but not intended for sexual intercourse, including:
- Using genital organs, sensitive parts to contact (touch, rub, press, stroke, etc.) the genital organs, sensitive parts of a person under 16 years old;- Using other body parts (hands, feet, mouth, tongue, etc.) to contact (caress, touch, squeeze, pinch, kiss, lick, etc.) the genital organs, sensitive parts of a person under 16 years old;- Using sexual devices to contact (touch, rub, press, stroke, etc.) the genital organs, sensitive parts of a person under 16 years old;- Seducing or coercing a person under 16 years old to use other parts of their body to contact (caress, touch, squeeze, pinch, kiss, lick, etc.) the genital organs, sensitive parts of the offender or another person;- Other acts of a sexual nature but not intended for sexual intercourse (e.g., kissing on the mouth, neck, ear, nape, etc., of a person under 16 years old).
For details, see Resolution 06/2019/NQ-HDTP effective November 05, 2019.
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