@article{ART003314939},
author={Kim, Jae-Han},
title={Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={1},
pages={149-176}
TY - JOUR
AU - Kim, Jae-Han
TI - Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 149
EP - 176
SN - 2288-1840
AB - Deep learning synthesis technology has enabled the reproduction of individuals' appearances and voices to a degree that makes them indistinguishable from reality. As a result, sexually fabricated videos create a risk structure distinct from existing sex crimes. Victims are perceived as subjects of sexual acts, even if they are unrelated to the actual act, and their sexual self-determination, personality rights, and social identity are simultaneously violated. Furthermore, in the digital environment, rapid replication and dissemination lead to long-term, cumulative damage. Nevertheless, current criminal law focuses on traditional elements such as filming and distribution. While the scope of punishment has expanded, the standards for the degree of fabrication, victim identification, and attribution of responsibility remain unclear. This leads to instability in interpretation and a gap in protection. In foreign countries, structures are developing that combine criminal penalties with transparency, platform management responsibility, and traceability. These mechanisms serve as prerequisites for the effectiveness of criminal punishment. Accordingly, this study understands deepfake sex crimes as a process of risk creation and expansion. It proposes the need for a normative system that connects prevention and enforcement by redefining the concept of production, rationalizing victim-specific judgments, institutionalizing platform accountability, and modernizing the evidence structure. This approach does not involve expanding punishment, but rather restructuring the criminal law to restore its protective function in line with the changing technological landscape.
KW - Deepfake Sexual Crime;Generative Artificial Intelligence;Sexual Self-Determination;Platform Liability;Victim Protection
DO -
UR -
ER -
Kim, Jae-Han. (2026). Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes. Legal Theory & Practice Review, 14(1), 149-176.
Kim, Jae-Han. 2026, "Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes", Legal Theory & Practice Review, vol.14, no.1 pp.149-176.
Kim, Jae-Han "Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes" Legal Theory & Practice Review 14.1 pp.149-176 (2026) : 149.
Kim, Jae-Han. Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes. 2026; 14(1), 149-176.
Kim, Jae-Han. "Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes" Legal Theory & Practice Review 14, no.1 (2026) : 149-176.
Kim, Jae-Han. Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes. Legal Theory & Practice Review, 14(1), 149-176.
Kim, Jae-Han. Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes. Legal Theory & Practice Review. 2026; 14(1) 149-176.
Kim, Jae-Han. Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes. 2026; 14(1), 149-176.
Kim, Jae-Han. "Limitations and Improvements of the Current Criminal Legislation on Deepfake Sexual Crimes" Legal Theory & Practice Review 14, no.1 (2026) : 149-176.
