Hwasa To Receive Punishment for ‘Public Indecency’? Lawyer Discusses Controversy

MAMAMOO Hwasa received a complaint from a civic group for her alleged “obscene”festival performance. Following this, a lawyer explained the punishment idol might get.

MAMAMOO Hwasa Accused of ‘Public Indecency’ After ‘Raunchy’ Festival Stage

On May 12, Hwasa took the stage at the Sungkyunkwan University festival as a part of the tvN entertainment show, “Dancing Queens on the Road.”At the time, she performed “Don’t”(feat. Loco) and made a gesture of licking her finger and putting it on the surface of her private part.

Obscene Gesture? MAMAMOO Hwasa Draws Mixed Reactions After Doing THIS — (Photo : Hwasa (Instagram | @mariahnhwasa Twitter))

Seeing this, the civic group explained:

“It was an act of obscenity itself, and it is enough to bring shame and disgust to the public who witnessed it.

The university festival site was a place where many general public gathered, and the actions of celebrity Hwasa are criminal acts that have a serious adverse effect on the general public and teenagers who witnessed it.”

MAMAMOO Hwasa Draws Flak for 'Strip Show' Remark Following 'Obscene' Gesture Controversy — (Photo : Herald POP)
MAMAMOO Hwasa

Following this, internet users voiced mixed reactions, and a lot of people agreed that the festival was “somewhat blatant beyond the unconventional”and “that the level of the festival had to be adjusted as it was an event that could be seen by an unspecified number of people.”

However, many stated that the university festival is not a problem because it is a festival for adults. They added that it’s a stage that usually shows bold performances.

Will Hwasa Get Punished for ‘Bold’ Performance? Lawyer Gives Opinion

Amid the controversy, people wonder if the complaint is subject to legal punishment and if Hwasa will have it.

Hwasa, coke bottle body — (Photo : MAMAMOO Hwasa (News1)

According to the media, the “crime of public indecency”was actually established to punish those people committing obscene acts against an unspecified number of people under Article 245 of the Criminal Act.

Here, “obscene behavior”refers to an act that stimulates sexual desire, induces sexual excitement, and harms normal sexual shame, which is contrary to the notion of sexual morality.

Sports Seoul explained:

“However, given past precedents, it is difficult to see Hwasa’s case as a matter of criminal punishment, such as over-exposure or performance pornography.”

A criminal lawyer also discussed this.

“If the exposure causes sexual excitement and shame, it is a crime of performance pornography. But since it happened at a university festival, ‘performance’ is recognized, but it is difficult to say that Hwasa’s performance has an ‘obscene’ act that stimulates the sexual desire of the general public.”

The lawyer added:

“In particular, the crime of performance pornography is difficult to apply as it can be punished for up to a year in prison. It is indeed very difficult to say that this case falls under the constituent requirements of the crime of performing pornography.”