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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/10/05 02:13
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Chapter Law Content

Part 2 Specific Offenses
Chapter 28-1 Offense against Sexual Privacy and Synthetic Sexual Videos
Article 319-1
A person who takes photos, videos, electromagnetic records, or use other technological means to record sexual images of the victims without consent shall be sentenced to an imprisonment of not more than three years.
A person who intends to make profits by providing premises, tools or equipment to facilitate others to perform the acts prescribed in the preceding paragraph shall be sentenced to an imprisonment of not more than five years and may also be fined not more than five hundred thousand dollars.
A person that commits the offense prescribed in paragraph 1 with the intention of making profits, distributing, broadcasting, displaying publicly, or using other means for viewing by others shall be punished according to the provisions of the preceding paragraph.
An attempt to commit an offense specified in one of the preceding three paragraphs is punishable.
Article 319-2
A person who records sexual images by means of violence, coercion, intimidation or other means against the will of the victims by taking photos, videos, electromagnetic records or other technological methods or make the victims record such images by themselves shall be sentenced to an imprisonment of not more than five years and may also be fined not more than five hundred thousand dollars.
A person who intends to make profits by providing premises, tools, or equipment to facilitate others to perform the acts prescribed in the preceding paragraph shall be sentenced to an imprisonment for not less than six months but not more than five years, and may also be fined not more than five hundred thousand dollars.
A person that commits the offense prescribed in paragraph 1 with the intention of making profits, distributing, broadcasting, displaying publicly, or using other means for viewing by others shall be punished according to the provisions of the preceding paragraph.
An attempt to commit an offense specified in one of the preceding three paragraphs is punishable.
Article 319-3
A person who reproduces, distributes, broadcasts, delivers, displays publicly, or uses other means to allow others to view sexual images without the consent of victims shall be sentenced to an imprisonment of not more than five years, and may also be fined not more than five hundred thousand dollars.
A person who commits the offense of the preceding paragraph and the sexual images concerned contained the contents prescribed in paragraphs 1 to 3 of Article 319-1 shall be sentenced to an imprisonment for not less than six months but not more than five years, and may also be fined not more than five hundred thousand dollars.
A person who commits the offense prescribed in paragraph 1 and the sexual images concerned contained the contents prescribed in paragraphs 1 to 3 of the preceding Article shall be sentenced to an imprisonment for not less than one year but not more than seven years, and may also be fined not more than seven hundred thousand dollars.
A person who commits the offense of the preceding three paragraphs with the intention of making profit shall be subject to the punishment prescribed for such an offense by increasing it up to one half. The same applies to those who sell sexual images prescribed in the preceding three paragraphs.
An attempt to commit an offense specified in one of the preceding four paragraphs is punishable.
Article 319-4
A person who intends to distribute, broadcast, deliver, display publicly, or use other means to allow others to view the victims’ synthetic sexual images generated using computer synthesis or other technological methods, which is able to cause harm to such victims, shall be sentenced to an imprisonment of not more than five years, detention, or fined not more than five hundred thousand dollars.
The same applies to distribution, broadcast, delivery, public display, or using other methods to allow others to view the aforementioned sexual images, which is able to cause harm to victims.
A person who commits the crimes mentioned in the preceding two paragraphs with the intention of gaining profit shall be sentenced to the imprisonment of not more than seven years, and may also be fined not more than seven hundred thousand dollars. The same applies to those who sell sexual images in the preceding two paragraphs.
Article 319-5
The attachments to the sexual images and objects prescribed in Articles 319-1 to the preceding Article, regardless of whether they belong to the perpetrator or not, shall be confiscated.
Article 319-6
The prosecution for offenses prescribed in paragraph 1 of Article 319-1 and its attempt, and paragraph 1 of Article 319-3 and its attempt may be instituted only upon complaint.
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