Sexual Conduct Law — Macau
Criminal rules on sex, consent, prostitution, obscene materials, and typical punishments. Informational only — not legal advice.
Snapshot
Key points
- Age of consent is 14 under the Macau Criminal Code; using anyone under 18 in commercial sexual exploitation (paid sex, pornography) is prohibited. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
- Rape (Article 157) covers vaginal, anal or oral sex obtained by violence or intimidation; penalties generally 3–12 years, with higher ranges if the victim is under 16. [macaupostdaily](https://www.macaupostdaily.com/news/11057)
- Child sexual abuse (Articles 166, 168) criminalizes any sexual activity with a child under 14; intercourse, anal/oral sex, or object insertion can bring 3–10 years' imprisonment; similar acts with 14–16‑year‑olds abusing their inexperience are punishable (up to 4 years). [pj.gov](https://www.pj.gov.mo/Web/Policia/law0107/20160216/1307.html)
- Sexual harassment (Article 164‑A) is an offence (up to 1 year or fine up to 120 days); proceedings usually require a complaint by the victim. [macaudailytimes.com](https://macaudailytimes.com.mo/al-plenary-sexual-harassment-heavier-penalties.html)
- Sex work: selling sex by adults is not criminalized, but public solicitation, brothel‑keeping, and controlling/procuring prostitution are offences under the Penal Code. Anti‑trafficking law (Law 6/2008) prohibits trafficking for sexual exploitation. [anti-tip.gov](https://www.anti-tip.gov.mo/en/newspaper07.aspx)
- Obscene/pornographic materials: public sale/display and promotion of obscene/pornographic materials face restrictions under an older regulatory framework still used against flyers and similar material. [macaubusiness](https://www.macaubusiness.com/protecting-minors/)
- 2017 reforms added child‑pornography and solicitation of under‑18 prostitution as specific offences, with custodial terms up to 4–5 years depending on the variant. [macaudailytimes.com](https://macaudailytimes.com.mo/al-plenary-sexual-harassment-heavier-penalties.html)
- Same‑sex relations are legal (since 1996) and the general age of consent applies equally. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
- No "zina/adultery" crimes: consensual sex between adults in private is not criminalized; marital issues are civil/family matters.
- No stoning, flogging, or death penalty; maximum custodial terms are finite. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
Age of consent & offences against minors
The criminal code sets 14 years as the age of sexual consent. Using persons under 18 in commercial sexual exploitation (paid sex, pornography) is prohibited. For 14–16‑year‑olds, the law treats sex that abuses their "inexperience" (lack of understanding of sexual acts) as a distinct offence, with lower maximum penalties than for under‑14 cases.
[pj.gov](https://www.pj.gov.mo/Web/Policia/law0107/20160216/1307.html)Macau treats ages 14–17 as minors for exploitative commercial acts even though the general age of consent is 14.
[macaubusiness](https://www.macaubusiness.com/protecting-minors/)Rape & sexual assault
Rape (Article 157) covers vaginal, anal, or oral sex obtained by violence or intimidation (including by inserting an object or body part), with prison terms commonly ranging from 3–12 years (enhanced when the victim is under 16).
[macaupostdaily](https://www.macaupostdaily.com/news/11057)Sexual harassment (Article 164‑A) criminalizes coerced sexual contact that harasses another person; maximum penalty is 1 year or a fine up to 120 days (usually needs a victim complaint unless the victim is under 16).
[pj.gov](https://www.pj.gov.mo/Web/Policia/law0112/20220110/13097.html?lang=en)Sex work (prostitution)
Macau follows an abolitionist model: selling sex by consenting adults is not itself a crime, but related activities are. The Criminal Code outlaws public solicitation, keeping a brothel, and controlling/procuring the prostitution of others. Anti‑trafficking law (Law 6/2008) prohibits all forms of trafficking for sexual exploitation.
[archive.ids.ac](http://archive.ids.ac.uk/spl/sexworkmap/country/macao-special-administrative-region.html)Pornography & obscene materials
Adult pornography per se is not comprehensively regulated, but public sale/display and promotion of obscene/pornographic materials face restrictions under an older regulatory framework that is still used (e.g., against sex‑service flyers). In 2017, reforms also criminalized child pornography and solicitation of underage prostitution (under 18), with custodial penalties and strict public‑crime‑style enforcement.
[macaudailytimes.com](https://macaudailytimes.com.mo/al-plenary-sexual-harassment-heavier-penalties.html)LGBTQ status
Same‑sex relations are legal in Macau (since 1996) and no provision criminalizes private, consensual sex between adults of the same sex. The general age of consent (14) applies equally irrespective of sexual orientation.
[oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)Public indecency & morality offences
Public sexual conduct can be prosecuted under general decency/obscenity provisions and nuisance‑type offences (e.g., public solicitation for prostitution), alongside the specific sexual offences above. Casino‑area campaigns on “flyer” and “calling card” distribution have been framed under these rules and obscenity‑type enforcement.
[archive.ids.ac](http://archive.ids.ac.uk/spl/sexworkmap/country/macao-special-administrative-region.html)What Macau doesn't do
- No "adultery/fornication" crimes: consensual sex between adults in private is not criminalized; marital issues are civil/family matters. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
- No corporal or capital punishment: Macau abolished the death penalty and does not use stoning, flogging, or amputation. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
Selected offences & typical penalties (illustrative)
| Offence | What it covers | Indicative penalty | Notes |
|---|---|---|---|
| Rape (Art. 157) | Sex (vaginal/anal/oral) via violence or intimidation | [macaupostdaily](https://www.macaupostdaily.com/news/11057)~3–12 years; higher if victim <16 | Court/press summaries |
| Child sexual abuse (Art. 166) | Any sexual activity with a child <14; intercourse/anal/oral or object insertion | [pj.gov](https://www.pj.gov.mo/Web/Policia/law0107/20160216/1307.html)1–8 years; 3–10 years for intercourse/anal/oral/object insertion | Official guidance |
| Sexual harassment (Art. 164‑A) | Coerced sexual contact causing harassment | [pj.gov](https://www.pj.gov.mo/Web/Policia/law0112/20220110/13097.html?lang=en)Up to 1 year or fine up to 120 days | Police guidance |
| Public solicitation | Soliciting sexual services in public places | [archive.ids.ac](http://archive.ids.ac.uk/spl/sexworkmap/country/macao-special-administrative-region.html)Criminal offence | Code & local practice |
| Brothel‑keeping / procuring | Keeping premises for prostitution; controlling/procuring others' prostitution | [archive.ids.ac](http://archive.ids.ac.uk/spl/sexworkmap/country/macao-special-administrative-region.html)Criminal offences | Code |
| Child pornography / under‑18 solicitation (2017) | Production/use of child porn; solicitation of under‑18 prostitution | [macaubusiness](https://macaubusiness.com/protecting-minors-from-the-sex-trade/)Criminal offences; up to 4–5 years depending on offence structure | 2017 reforms |
Practical notes
- Casinos, saunas and hotels are frequent enforcement hotspots; trafficking/procuring investigations often align with immigration checks. [anti-tip.gov](https://www.anti-tip.gov.mo/en/newspaper07.aspx)
- Distribution of sex‑service "calling cards" has drawn crackdowns under obscene‑materials rules and anti‑promotion provisions. [macaubusiness](https://www.macaubusiness.com/protecting-minors/)
Quoted provisions (in context)
"…whoever performs a sexual act with a minor who has not yet turned 14 is punished with a prison term of up to 10 years; when the act is intercourse, anal sex or oral sex, or object insertion, the penalty is 3–10 years’ imprisonment.". [pj.gov](https://www.pj.gov.mo/Web/Policia/law0107/20160216/1307.html)
"Any person [who] causes another person to suffer from sexual physical body contact … thus harassing the other person … shall be liable to a maximum term of imprisonment of 1 year or a fine up to 120 days.". [pj.gov](https://www.pj.gov.mo/Web/Policia/law0112/20220110/13097.html?lang=en)
Citations
- U.S. Department of State, Country Reports on Human Rights Practices: Macau (age of consent; <18 commercial exploitation prohibited). [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)
- Macau Post Daily, coverage explaining Articles 157 & 166 (rape & child sexual abuse). [macaupostdaily](https://www.macaupostdaily.com/news/19873)
- Polícia Judiciária (official) guidance on indecent assault / Article 164‑A (sexual harassment). [pj.gov](https://www.pj.gov.mo/Web/Policia/law0112/20220110/13097.html?lang=en)
- IDS Sexuality, Poverty & Law (Macau profile): solicitation, brothel‑keeping, control/procurement as offences. [archive.ids.ac](http://archive.ids.ac.uk/spl/sexworkmap/country/macao-special-administrative-region.html)
- Macau Business: regulation on obscene/pornographic materials and flyer crackdowns; 2017 reforms on child‑porn & underage solicitation. [macaubusiness](https://macaubusiness.com/protecting-minors-from-the-sex-trade/)
- Background analyses of Penal Code lineage; abolition of death penalty in Macau. [oclarim.com](https://www.oclarim.com.mo/local/conhecer-as-leis-de-macau-19/)