Child and Youth Sexual Exploitation Prevention Act

Article 2	The term “child or youth sexual exploitation” herein shall refer to any of the following behaviors: 1. Causing a child or youth to engage in sexual intercourse or obscene acts in exchange for monetary or other considerations; 2. Using a child or youth to engage in sexual intercourse or obscene acts for others to watch; 3. Filming a child or youth engaging in sexual intercourse or obscene acts, or producing pictures, photographs, films, videotapes, compact disks, electronic signals or other objects that show a child or youth engaging in sexual intercourse or obscene acts; 4. Causing a child or youth to act as a host/hostess in a bar or club or engage in acts associated with tour escort and singing or dancing companion services that involve sexual activities. The term “victims” herein shall refer to children or youths who were, or allegedly were, sexually exploited.
Article 8	Internet platform providers, online application service providers, and telecommunications companies shall, upon becoming aware of any of the suspicious criminal activities stated in Chapter IV or learning about such activities through the Institute of Watch Internet Network, other institutions, or the competent authorities, first remove the information in question, and shall notify police departments, retain the relevant data for at least ninety days, and provide such data to the judicial authorities and police departments for investigation purposes. The relevant data set forth in the preceding paragraph shall at least include information about the offending webpages, personal information of the suspect, and Internet access records, in connection with crimes as defined in Chapter IV of this Act.
Article 35	Any person who, through recruitment, seduction, shelter, arrangement, assistance, exploitation, or other means, causes a child or youth to engage in sexual intercourse or obscene acts for others to watch, shall be subject to imprisonment for not less than one year and not more than seven years, or in addition thereto, a fine of up to NT$500,000. Any person who, by means of violence, coercion, drugs, fraud, hypnosis, or other means violating the free will of the child or youth concerned, causes a child or youth to engage in sexual intercourse or obscene acts for others to watch, shall be subject to imprisonment for not less than seven years, or in addition thereto, a fine of up to NT$3,000,000. For any person who commits the offenses set forth in the preceding two paragraphs with the intent to make profits, the punishment to be imposed in accordance with the respective provisions shall be increased by one half. An attempt to commit the offenses set forth in the preceding three paragraphs is punishable.
Article 36	Any person who films a child or youth engaging in sexual intercourse or obscene acts, or produces pictures, photographs, films, videotapes, compact disks, electronic signals, or other objects that show a child or youth engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for not less than one year and not more than seven years, or in addition thereto, a fine of up to NT$1,000,000. Any person who, through recruitment, seduction, shelter, arrangement, assistance, or other means, films a child or youth engaging in sexual intercourse or obscene acts, or produces pictures, photographs, films, videotapes, compact disks, electronic signals, or other objects that show a child or youth engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for not less than three years and not more than seven years, or in addition thereto, a fine of up to NT$3,000,000. Any person who, by means of violence, coercion, drugs, fraud, hypnosis, or other means violating the free will of the child or youth concerned, films a child or youth engaging in sexual intercourse or obscene acts, or produces pictures, photographs, films, videotapes, compact disks, electronic signals, or other objects that show a child or youth engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for not less than seven years, or in addition thereto, a fine of up to NT$5,000,000. For any person who commits the offenses set forth in the preceding three paragraphs with the intent to make profits, the punishment to be imposed in accordance with the respective provisions shall be increased by one half. An attempt to commit the offenses set forth in the preceding four paragraphs is punishable. The objects specified in Paragraphs 1 to 4 shall be confiscated regardless of whether they belong to the offender or not.
Article 38	Any person who distributes, broadcasts, sells, publicly displays, or by other means shows others the pictures, photographs, films, videotapes, compact disks, electronic signals, or other objects that show a child or youth engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for not more than three years, or in addition thereto, a fine of up to NT$5,000,000. Any person who possesses the above-mentioned objects with the intent to distribute, broadcast, sell, or publicly display the same, shall be subject to imprisonment for not more than two years, or in addition thereto, a fine of up to NT$2,000,000. Any discovered objects specified in the preceding two paragraphs shall be confiscated regardless of whether they belong to the offender or not.
Article 39	Any person who is discovered for the first time to possess any of the objects specified in the first paragraph of the preceding article without justifiable reasons, shall be subject to a fine of not less than NT$10,000 and not more than NT$100,000. The possessor may also be required to receive counseling for a period of not less than two hours and not more than ten hours. The objects shall be confiscated regardless of whether they belong to the possessor or not. Any person who is discovered for a second or subsequent time to possess any of the objects specified in the first paragraph of the preceding article without justifiable reasons, shall be subject to a fine of not less than NT$20,000 and not more than NT$200,000. The objects shall be confiscated regardless of whether they belong to the offender or not.
Article 40	Any person who, by means of promotional materials, publications, broadcast, television, telecommunication, the Internet sources, or other methods, distributes, sends, publishes, or posts messages that are deemed to be sufficient to seduce, arrange, suggest, or cause a child or youth to be subjected to the conditions set forth in Subparagraphs 1 to 3, Paragraph 1 of Article 2, shall be subject to imprisonment for not more than three years, or in addition thereto, a fine of up to NT$1,000,000. Any person who commits the offense set forth in the preceding paragraph with the intent to make profits shall be subject to imprisonment for not more than five years, or in addition thereto, a fine of up to NT$1,000,000.
Article 44	Any person who watches a child or youth engaging in sexual intercourse or obscene acts and pays a consideration shall be subject to a fine of not less than NT$10,000 and not more than NT$100,000, and may be required to receive counseling for a period of not less than two hours and not more than ten hours.
Article 50	In the event that a provider of promotional materials, publications, broadcast services, television services, the Internet sources, or other media distributes, sends, publishes, or posts messages that are deemed to be sufficient to seduce, arrange, suggest, or cause a child or youth to be subjected to the conditions set forth in Subparagraphs 1 to 3, Paragraph 1 of Article 2, the authority in charge of the relevant industries shall impose a fine of not less than NT$50,000 and not more than NT$600,000. The authority in charge of the relevant industries shall issue a press release and disclose the media that have violated the provisions of the preceding paragraph. If the provider of the Internet sources or other media as set forth in the first paragraph has exercised due diligence to prevent any person from distributing, sending, publishing, or posting messages that may cause a child or youth to be subjected to the conditions set forth in Subparagraphs 1 to 3, Paragraph 1 of Article 2, the punishment may be reduced or remitted after the child and youth welfare organizations, scholars, and experts invited by the authority in charge of the relevant industries have deliberated on the case and granted approval.