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Chapter Law Content

Title: Sexual Harassment Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 6 Penalty
Article 25
A person who kisses, hugs or touches the bottom, breast, or other physical private parts of another person in such a way that he/she cannot immediately respond or resist shall be sentenced to imprisonment of no more than two years, or detention, or a fine, separately or jointly, of not more than NT$100,000. If the act is committed by means of the power or opportunity as stated in Paragraph 2 of Article 2, the person shall be subject to the punishment prescribed for such offense by increasing it up to one half.
Prosecution for an offense specified in the above Paragraph may be instituted only upon complaint.
Article 26
Any broadcaster or any television company violating the prohibitions under Paragraph 1 of Article 10 herein shall be subject to a fine of not less than sixty thousand New Taiwan dollars (NT$60,000) and not more than six hundred thousand New Taiwan dollars (NT$600,000) imposed by the authority in charge of relevant enterprises and the competent authority shall order the violator to rectify the violation within a specified time limit. In the event the violator fails to rectify the violation within the required time limit, the competent authority may impose consecutive fines upon the violator for each and every violation until the violation is rectified.
Except for those specified in the preceding Paragraph, in the event of violation of Paragraph 1 or Paragraph 3 of Article 10, authority in charge of relevant enterprises shall impose a fine on the person in charge and related offenders not less than sixty thousand New Taiwan dollars (NT$60,000) and not more than six hundred thousand New Taiwan dollars (NT$600,000), and may confiscate the items specified in Paragraph 1 of Article 10, or order them to remove the offending content, withdraw the items, or undertake other necessary measures within a specified period of time. Fines may be imposed consecutively in case of failure to comply with the orders when the specified period expires.
In the case where the victim is deceased, the competent authority may opt not to impose a fine prescribed in (either of) the two preceding Paragraphs, if the authority in charge of relevant enterprises, after taking into account and balancing the benefits of maintenance of law and order, maintenance of peace of mind among the public, clarification of misleading information, prevention of problem escalation, as well as other public interests of the society, finds the reporting or disclosure in dispute necessary.
Anyone who violates Paragraph 5 of Article 10 herein shall be subject to a fine between NT$60,000 and NT$600,000 imposed by the municipal and county (city) competent authorities.
Anyone, other than those mentioned in Paragraph 1 or Paragraph 2 of this Article, who violates Paragraph 4 of Article 10 herein, without justification, shall be subject to a fine between NT$20,000 and NT$100,000 imposed by the municipal and county (city) competent authorities.
If there is no person in charge of publicity material, a publication, an Internet source, or any other type of media, or if the person in charge (of the said publicity material, the said publication, the said Internet source, or the said other type of media) is not in a position to supervise the conduct of the responsible perpetrator, the fine prescribed in Paragraph 2 of this Article shall be imposed on the responsible perpetrator.
Article 27
A person who sexually harasses another person by abusing power shall be fined not less than NT$60,000 but not more than NT$600,000 by the municipal and county (city) competent authorities, after the grievance is found sustained through investigation.
A person who sexually harasses another person in any manners other than abuse of power shall be fined not less than NT$10,000 but not more than NT$100,000 by the municipal and county (city) competent authorities, after the grievance is found sustained through investigation.
The power to impose administrative penalty referred to in the preceding two paragraphs is expired upon the lapse of a period of three years since the victim files the grievance.
Article 28
A person who violates Paragraph 1 of Article 7 herein shall be fined not less than NT$20,000 but not more than NT$200,000 by the municipal and county (city) competent authorities and required to rectify the misconduct within specific time limit prescribed by the authorities. If the person fails to rectify his/her misconduct within said-noted time limit, said competent authorities may impose fines on the person consecutively per violation.
Anyone who violates Paragraph 2 of Article 7 herein and thereby causes the victim’s interest and right to be impaired shall be subject to a fine between NT$20,000 and NT$200,000 imposed by the municipal or county (city) competent authorities.
Article 29
Any government agency (entity), troop, school, institution or employer that adopts any discriminative treatment in violation of Paragraph 1 of Article 9 herein shall be fined not less than NT$10,000 but not more than NT$100,000 by the municipal and county (city) competent authorities, and required to rectify the misconduct within specific time limit prescribed by the authorities. If it fails to rectify its misconduct within said-noted time limit, said competent authorities may impose fines on it consecutively per violation.
Article 30
Any person who evades, interrupts or rejects any investigation or refuses to provide information, without justified reasons, in violation of Article 17 herein, shall be fined not less than NT$10,000 but not more than NT$50,000 by the municipal and county (city) competent authorities, and may be fined consecutively per violation.