This research involved a comparative analysis of penal laws addressing TGBV (Technology-facilitated Gender-Based Violence) across different jurisdictions. The primary objective was to elucidate the role and limitations of criminal law in combatting TGBV within a society.

The research specifically examined the penal laws of South Korea, the United States, and Singapore. Mainly, the penal laws of the states in the United States, the laws on TGBV enacted or revised as a part of the “Nth Room Prevention Law” in South Korea, and the Protection from Harassment Act of Singapore, were compared in terms of their scope, benefits, and criticisms. Through this examination, this research identified several unique challenges associated with penalizing TGBV.

One major challenge lies in integrating laws addressing TGBV with the existing legal framework of the respective jurisdictions. For example, in many states in the United States, TGBV-related offenses are considered violations of privacy rather than sex crimes. However, in South Korea, laws on TGBV were included as part of the existing sex crime legislation. The research, through comparison of these laws, highlighted the implications of categorizing TGBV under sex crime laws, including the need to review the protected interest for sex crimes and reconcile differences between existing sex crimes, which require physical contact, and TGBV-related offenses without physical contact.

Another challenge involves defining the scope of criminal punishment for TGBV. While Singapore and South Korea penalize a broad range of acts constituting TGBV, including various forms of gender-based online harassment, the state penal laws of the United States predominantly focus on revenge porn and image-based abuse. The research revealed the importance of considering values such as free speech rights and effectiveness when expanding criminal sanctions for TGBV prevention. Additionally, the penalty for TGBV offenses needs to be balanced and weighed against relevant existing legislation on sex crime or privacy.

Finally, the research emphasizes the significant role criminal law plays in addressing TGBV in society while also acknowledging its limitations in supporting victims. Therefore, in addition to providing proper criminal sanctions, it is crucial to offer civil remedies, especially for the removal of victim's sexual images and videos disseminated online.