China – Sexual Conduct Law
Plain-English orientation to key criminal provisions, typical penalties, and practical safety/etiquette for consensual, adult relationships.
Quick Overview
China regulates sexual conduct through national criminal law, administrative penalties, and evolving civil remedies. Enforcement against prostitution, pornography distribution, and sex with minors is strict. Foreigners are subject to the same laws, with possible deportation in addition to penalties.
Legal caution: Buying or selling sexual services is illegal. Online solicitation is actively policed. Never proceed without clear, enthusiastic adult consent.
Core Legal Areas (Plain Language)
Consent & Minors
- Age of consent: 14 nationwide. Sex with anyone under 14 is a serious crime.
- Coercion/force: Any sex without consent is criminal (rape or related offenses).
Rape & Related Offenses
- Rape: Sex against will by force, coercion, or other means; heavy sentences; death penalty possible in especially egregious cases.
- Aggravations: Multiple offenders, serious injury, minors, etc., increase penalties.
Prostitution
- Illegal for clients and workers. Typical outcomes: administrative detention, fines.
- Organizing/Profiteering: Treated as felonies with long prison terms.
Pornography
- Production/distribution: Criminalized, including online dissemination.
- Possession for distribution/scale: Heavier penalties with scope/revenue.
Adultery & Harassment
- Adultery: Not a crime, but affects divorce/discipline in some roles.
- Sexual harassment: Strengthened civil/administrative routes; can be criminal if severe.
Typical Penalties (Guide)
| Offense | Indicative Penalties |
|---|---|
| Rape | ~3 years to life; death penalty possible in exceptionally serious cases. |
| Sex with minor (<14) | Often 5–15+ years; higher with aggravating circumstances. |
| Prostitution (client/worker) | 10–15 days administrative detention + fines; stiffer measures for repeat offenders. |
| Organizing/Profiting from prostitution | ~5 years to life imprisonment depending on scale/role. |
| Pornography distribution (incl. online) | Up to ~15 years depending on volume/revenue/harm. |
Penalties vary by case facts, aggravations/mitigations, and current judicial interpretations.
Practical Notes for Visitors
- IDs & hotels: Hotels register guests; be prepared to show passports/IDs.
- Messaging: Keep plans in writing (e.g., WeChat). Screenshots protect both parties.
- Alcohol/Drugs: Watch your drink. Drug possession/usage is severely punished.
- Privacy: Don’t record intimate moments without explicit permission.
- PDA: Mild PDA is common in big cities; be discreet and respectful.
Do’s & Don’ts for Consensual Relationships
Do
- Confirm enthusiastic consent and age (adult) before intimacy.
- Meet first in public; share your live location with a friend.
- Use protection; many late-night pharmacies stock condoms.
- Be clear about expectations (casual vs. serious) to avoid misunderstandings.
Don’t
- Don’t pay or solicit sexual services (illegal, frequent stings).
- Don’t proceed if someone is intoxicated, silent, or hesitant.
- Don’t bring or accept illegal drugs—penalties are severe.
- Don’t share private images/messages without permission.
References (high-level)
- Criminal Law of the PRC (recent revisions) – rape, prostitution, pornography, related articles and judicial interpretations.
- Country human-rights/legal practice reports (recent years) for enforcement patterns and sentencing illustrations.