Penal Code
Crime related to sex

Crime related to sex

Update: 20/11/2019 | 10:39:26 AM - Dragon Law Firm

Learn together about sex-related crimes, especially judgments against offenders when they commit acts of hurting children specified in the 2015 Penal Code amended and supplemented in 2017.

 

 Article 141. Rape

1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

c) The offence is committed by more than one person against one person;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) The offence is of an incestuous nature;

g) The offence results in the victim's pregnancy;

h) The offence causes 31% - 60% WPI for the victim;

i) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

k) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offence results in the death or suicide of the victim.

4. The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

5. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 142. Rape of a person under 16

1. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

a) Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

b) Engaging in sexual intercourse or other sexual activities with a person under 13.

2. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence causes 31% - 60% WPI for the victim;

d) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

dd) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

e) The offence has been committed more than once;

g) The offence is committed against 02 or more people;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence is committed by an organized group;

b) The offence is committed by more than one person against one person;

c) The offence is committed against a person under 10;

d) The offence causes ≥ 61% WPI for the victim.

dd) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

e) The offender commits the offence in the knowledge of his HIV infection;

g) The offence results in the death or suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 143. Sexual abuse

1. Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is of an incestuous nature;

dd) The offence results in the victim's pregnancy;

e) The offence causes 31% - 60% WPI for the victim;

g) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The victim suffers from ≥ 46% mental and behavioral disability;

c) The offender commits the offence in the knowledge of his HIV infection;

d) The offence results in the death or suicide of the victim.

4. If this offence is committed against a person aged from 16 to under 18, the offender shall face a penalty of 02 - 07 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

5. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 144. Sexual abuse of a person aged from 13 to under 16

1. Any person who employs trickery to make a person aged from 13 to under 16 who is his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 05 - 10 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is of an incestuous nature;

b) The offence results in the victim's pregnancy;

c) The offence causes 31% - 60% WPI for the victim;

d) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

dd) The offence has been committed more than once;

e) The offence is committed against 02 or more people;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed by more than one person against one person;

b) The offence causes ≥ 61% WPI for the victim;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offender commits the offence in the knowledge of his HIV infection;

dd) The offence results in the death or suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16

1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence is of an incestuous nature;

d) The offence results in the victim's pregnancy;

dd) The offence causes 31% - 60% WPI for the victim;

e) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 146. Molestation of a person under 16

1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 147. Employment of a person under 16 for pornographic purposes

1. Any person aged 18 or over who persuades, entices, forces a person under 16 to participate in a pornographic performance or watch a pornographic performance in any shape or form shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The offence is committed for commercial purposes;

e) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

 


Other News

Decree No.78/2015/ND-CP on Enterprise Registration

Decree No.78/2015/ND-CP on Enterprise Registration

The Decree on Enterprise Registration deals with necessary documents and procedures for registration of enterprises and business households ...

Law No.19/VBHN-VPQH on Intellctual Property 2013

Law No.19/VBHN-VPQH on Intellctual Property 2013

This Law regulates copyrights, copyright-related rights, industrial property rights and plant variety rights; and the protection of such rights.

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

This Circular deals with regulations on payers, collectors, fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

This Decree provides for requirements for running debt trading service in the territory of the Socialist Republic of Vietnam ...

Decree No.45/2014/ND-CP Providing Collection of Land Use Tax

Decree No.45/2014/ND-CP Providing Collection of Land Use Tax

This Decree provides the collection of land use levy.

Decree No.91/2015/ND-CP

Decree No.91/2015/ND-CP

This Decree provides for state capital investment in enterprises, financial management in state enterprises and state capital investment management in joint stock companies and multiple members limited liability companies.

Decree No.46/2014/ND-CP on Collection of Land Rent and Water Surface Rent

Decree No.46/2014/ND-CP on Collection of Land Rent and Water Surface Rent

This Decree regulates the collection of land rent and water surface rent.

Decree No.03/2017/ND-CP on Casino Business

Decree No.03/2017/ND-CP on Casino Business

This Decree provides for casino business and the management thereof and penalties for administrative violations against regulations on casino business in Vietnam.

Decree No.96/2015/ND-CP on Guidelines for Articles of Law on Enterprise

Decree No.96/2015/ND-CP on Guidelines for Articles of Law on Enterprise

This Decree applies to enterprises, agencies, organizations, and individuals prescribed in Article 2 of the Law on Enterprises ...

Civil Code 2015

Civil Code 2015

Issue Date: 24/11/2015 Effective Date: 01/01/2017 Status: Available Update: 23/02/2016

Back To Top