Taiwan – Sexual Conduct Law
Criminal provisions, penalties, and historical context
📜 Penalties at a Glance – Taiwan
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (刑法 Art. 221) | 3 years | 10 years; life if aggravated |
| Sex with Minor under 16 (Art. 227) | 3 years | 10 years; life if under 14 |
| Indecent Assault (Art. 224–226) | 6 months | 7 years |
| Sex Work – Soliciting | Fine | 3 years |
| Procurement / Pimping | 1 year | 7 years |
| Public Indecency (Art. 234) | Fine | 2 years |
Overview
Taiwan’s sexual conduct laws are codified in the Criminal Code of the Republic of China and special acts such as the Child and Youth Sexual Exploitation Prevention Act. They prioritise protection of minors, punishment of sexual violence, and prohibition of commercial sex.
Age of Consent
The general age of consent is 16 years. Sexual intercourse with a person under 16 is criminal, regardless of consent. Enhanced penalties apply where the minor is under 14.
Key Provisions & Punishments
- Rape (Art. 221): 3–10 years; life if severe injury, death, or multiple offenders.
- Indecent Assault (Art. 224): 6 months to 7 years imprisonment.
- Sex with Minor (Art. 227): Under 14: life possible; 14–16: 3–10 years.
- Sex Work: Criminalised; solicitation, pimping, brothels illegal.
- Same-Sex Relations: Decriminalised decades ago; equal age of consent applies. Taiwan became the first in Asia to legalise same-sex marriage (2019).
Public Decency Laws
Sexual acts in public (Art. 234) are punishable with fines or up to 2 years imprisonment. Reports often arise from parks, karaoke bars, or vehicles.
Historical Context
Under martial law (1949–1987), homosexuality was socially taboo but not expressly criminalised in the code. Taiwan modernised its sexual offence laws in the 1990s, increasing protections for minors and addressing trafficking. In 2019, Taiwan became the first Asian country to legalise same-sex marriage.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Taiwan | 16 | 3–10 years; life aggravated | Illegal; solicitation banned | Legal; equal age; marriage legal |
| Hong Kong | 16 | Life | Regulated; brothels banned | Legal since 1991 |
| Macau | 14 | 8–16 years | Regulated; brothels legal | Legal |
| Mainland China | 14 | 3–10 years; death in aggravated cases | Illegal; tolerated informally | Legal; no set age |
🚫 Common Tourist Mistakes
- Soliciting street sex workers: Prohibited; police conduct sting operations.
- Assuming age: Strict liability for under-16 even if they claim older.
- Public intimacy: Cars, karaoke rooms, and parks can lead to indecency charges.
- Confusing decriminalisation with tolerance: Same-sex marriage is legal, but public acts still fall under indecency laws.
Insider & Academic Commentary
“Taiwanese courts treat underage sex cases with zero tolerance, especially under 14.” — Criminal law scholar, NTU
“While Taiwan is progressive on LGBTQ rights, it is conservative on sex work and public decency.” — NGO legal adviser
References
Law & Regulation Database of the Republic of China. (2025). Criminal Code of the ROC.
Child and Youth Sexual Exploitation Prevention Act (2025).
Judicial Yuan. (2019). Interpretation No. 748 – Same-Sex Marriage.
Amnesty International. (2020). Taiwan: Sex workers’ rights report.