Chapter 28-1 of Taiwan's Criminal Code covers recording sexual images without consent (Article 319-1), recording by coercion or other methods against the person's will (Article 319-2), distributing or publicly displaying images without consent (Article 319-3), and producing fabricated sexual images by computer synthesis or other technology (Article 319-4). Only specific basic offenses require a victim complaint; prosecutors may investigate other, more serious forms without one. If an image has been recorded or circulated, preserve evidence, avoid forwarding it yourself, and report it promptly. If you face immediate danger, call 110.
How does the Criminal Code define a “sexual image”?
Article 10(8) covers an image or electronic record depicting any of four categories: sexual intercourse; genitals or private body parts objectively capable of arousing sexual desire or shame; objectively sexual or shame-inducing contact with those parts by a body or object; or other sexual conduct objectively capable of arousing sexual desire or shame.
This definition underlies Articles 319-1 through 319-6. Whether a particular image or recording falls within the chapter must first be assessed against those four categories.
What offense applies to recording someone without consent?
Without the person's consent and without justification, recording their sexual image by photograph, video, electronic record or other technology is punishable by up to three years' imprisonment (Criminal Code, Article 319-1(1)).
Recording such an image, or causing the person to record it, by violence, coercion, intimidation or another method contrary to their will carries up to five years' imprisonment and a possible additional fine of up to NT$500,000 (Article 319-2(1)). Further provisions increase punishment for providing premises, tools or equipment for profit.
未經他人同意，無故以照相、錄影、電磁紀錄或其他科技方法攝錄其性影像者，處三年以下有期徒刑。（刑法第319條之1第1項）
Unofficial English summary (not an official translation): Article 319-1(1) punishes unjustified technological recording of another person's sexual image without consent by up to three years' imprisonment.
What if a sexual image is distributed or publicly displayed?
Unjustified reproduction, distribution, broadcast, delivery, public display or otherwise allowing people to view another person's sexual image without consent carries up to five years' imprisonment and a possible additional fine of up to NT$500,000 (Article 319-3(1)).
If the distributed image was recorded without consent as described in Article 319-1(1)–(3), the penalty is six months to five years' imprisonment and a possible additional fine of up to NT$500,000 (Article 319-3(2)).
Where the image originated from recording against the person's will under Article 319-2, the penalty becomes one to seven years' imprisonment, with a possible additional fine of up to NT$700,000. Committing the listed distribution offenses for profit, or selling the images, increases the applicable penalty by up to one half (Article 319-3(3)–(4)).
未經他人同意，無故重製、散布、播送、交付、公然陳列，或以他法供人觀覽其性影像者，處五年以下有期徒刑，得併科五十萬元以下罰金。（刑法第319條之3第1項）
Unofficial English summary (not an official translation): Article 319-3(1) covers distributing or displaying another person's sexual image without consent and without justification.
Can an AI-generated or other fabricated sexual image be an offense?
Yes. Making a fabricated sexual image of another person by computer synthesis or other technology, with intent to distribute or make it available for viewing and in a way capable of causing that person harm, carries up to five years' imprisonment or short-term detention, and/or a fine of up to NT$500,000. Distributing such an image is treated likewise (Article 319-4(1)–(2)).
Doing so for profit, or selling the image, carries up to seven years' imprisonment and a possible additional fine of up to NT$700,000 (Article 319-4(3)).
Must the victim file a complaint for all these offenses?
No. Article 319-6 makes only Article 319-1(1) and its attempt, and Article 319-3(1) and its attempt, dependent on a victim complaint. Where a complaint is required, Code of Criminal Procedure Article 237 generally gives six months from learning the offender's identity.
Recording by coercion under Article 319-2, more serious forms of distribution under Article 319-3(2)–(3), and making or distributing fabricated images under Article 319-4 are not complaint-only. Prosecutors may investigate and prosecute those offenses under the applicable rules without a complaint.
What should I do first if an image was recorded or shared?
Put personal safety and evidence preservation first. Save screenshots, conversations, links, account details and timestamps, and avoid deleting original files. If you are in immediate danger, call 110 to report it.
Avoid forwarding or publishing the image yourself, even to confront someone; that can create further disputes. Give relevant evidence and account information to police or prosecutors for lawful investigation.
When must an online platform restrict access or remove material?
The Sexual Assault Crime Prevention Act applies its Article 13 to Criminal Code Articles 319-1 through 319-4 by virtue of Article 7(2). Once an internet platform, application service or access provider learns of suspected criminal material through the specified public authorities or internet content protection body, it must first restrict access to or remove the related web data.
The criminal web data, suspect's personal information and internet-use records must be retained for 180 days for judicial and police investigation. People who learn identifying details of the victim through their duties must also protect their confidentiality under the Act (Articles 7(2), 13(2) and 15(1)).
網際網路平臺提供者、網際網路應用服務提供者及網際網路接取服務提供者，透過網路內容防護機構、主管機關、警察機關或其他機關，知有性侵害犯罪嫌疑情事，應先行限制瀏覽或移除與犯罪有關之網頁資料。（性侵害犯罪防治法第13條第1項）
Unofficial English summary (not an official translation): Article 13 requires covered internet providers, once informed of suspected criminal material through the specified channels, to restrict viewing of or remove the related web data.
When might legal advice help?
If you discover covert recording or circulation of an image, or receive a police or prosecutor's summons, early advice can help identify what evidence to preserve and what procedure follows. A person accused of these offenses may choose defense counsel and respond to the allegation. Access to case files depends on the stage and procedure: counsel may inspect files and evidence during trial under Code of Criminal Procedure Article 33, while Article 33-1 addresses counsel's access in investigation-stage pretrial detention review. This page makes no finding about anyone's facts or liability.
This is general information, not advice for an individual case.
113 hotline source: Ministry of Health and Welfare, Protection Services.