Intimate Image Abuse in Taiwan: Secret Recording, Image Sharing and AI Deepfake Laws

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What should you do if someone secretly records your intimate images—or if you are accused of doing so? Taiwan’s Criminal Code addresses non-consensual recording, the unauthorized sharing of intimate images, and harmful AI-generated sexual images.

On February 8, 2023, Taiwan promulgated Chapter 28-1 of the Criminal Code, introducing specific provisions on offenses against sexual privacy and fabricated sexual images. These provisions protect individuals against several forms of digital sexual abuse. mojlaw.moj.gov.tw

1. What Is a “Sexual Image” Under Taiwan Law?

Article 10 of the Criminal Code defines sexual images as images or electronic records containing any of the following:

Sexual intercourse as defined by the Criminal Code;
Genitals or private body parts that can objectively arouse sexual desire or shame;
Contact with those body parts using a body part or object, where the conduct can objectively arouse sexual desire or shame;
Other sexual conduct that can objectively arouse sexual desire or shame.

Whether a particular photograph or video meets this definition depends on its content and context. Recording or sharing qualifying images without consent may constitute an offense where the relevant legal requirements are met. mojlaw.moj.gov.tw

2. Six Key Provisions: Offenses, Penalties and Legal Consequences

2.1 Recording Sexual Images Without Consent — Article 319-1

Recording without consent and without justification: Up to three years’ imprisonment.
Providing premises, tools or equipment for profit to facilitate the recording: Up to five years’ imprisonment, with a possible additional fine of up to NT$500,000.
Recording with the intention of making a profit, distributing, broadcasting, publicly displaying or otherwise allowing others to view the images: The same higher penalty applies.

★ Important: Actual distribution is not required for the aggravated recording offense. Recording with the specified intention may constitute a completed offense. Attempts under these provisions are also punishable. mojlaw.moj.gov.tw

2.2 Recording Sexual Images Through Force or Coercion — Article 319-2

Using violence, coercion, intimidation or another method against a person’s will to record sexual images, or make that person record themselves: Up to five years’ imprisonment, with a possible additional fine of up to NT$500,000.
Providing premises, tools or equipment for profit to facilitate the offense: Six months to five years’ imprisonment, with a possible additional fine of up to NT$500,000.
Committing the recording offense with the intention of making a profit or allowing others to view the images: Six months to five years’ imprisonment, with a possible additional fine of up to NT$500,000.

Attempts under these provisions are also punishable. mojlaw.moj.gov.tw

2.3 Sharing Sexual Images Without Consent — Article 319-3

Reproducing, distributing, broadcasting, delivering, publicly displaying or otherwise allowing others to view sexual images without consent and without justification: Up to five years’ imprisonment, with a possible additional fine of up to NT$500,000.
Where the images were obtained through unlawful recording under Article 319-1: Six months to five years’ imprisonment, with a possible additional fine of up to NT$500,000.
Where the images were obtained through forced or coerced recording under Article 319-2: One to seven years’ imprisonment, with a possible additional fine of up to NT$700,000.
Committing these offenses for profit, or selling the relevant images: The applicable penalty is increased by up to one-half.

Attempts are also punishable. Consent to being recorded does not automatically include consent to subsequent sharing. mojlaw.moj.gov.tw

2.4 Creating or Sharing Fabricated Sexual Images — Article 319-4

Using computer synthesis or other technology to create fabricated sexual images of another person, intending to distribute them or allow others to view them, where the images are capable of causing harm: Up to five years’ imprisonment, short-term imprisonment, or a fine of up to NT$500,000, which may accompany imprisonment.
Distributing, broadcasting, delivering, publicly displaying or otherwise allowing others to view those harmful fabricated images: The same penalty applies.
Committing these offenses for profit, or selling the images: Up to seven years’ imprisonment, with a possible additional fine of up to NT$700,000.

AI-generated nude images and sexual deepfakes may fall within this provision when its legal requirements are satisfied. mojlaw.moj.gov.tw

2.5 Confiscation of Image-Bearing Materials — Article 319-5

The materials and objects containing the sexual images covered by Articles 319-1 through 319-4 are subject to confiscation, regardless of whether they belong to the offender.

The provision concerns image-bearing materials and objects; it should not be understood as automatically requiring confiscation of every device associated with the case. mojlaw.moj.gov.tw

2.6 Offenses Requiring a Criminal Complaint — Article 319-6

Prosecution for the basic non-consensual recording offense under Article 319-1, Paragraph 1, and the basic unauthorized sharing offense under Article 319-3, Paragraph 1, requires a criminal complaint. This also applies to attempts of those offenses.

Other offenses in the chapter are not all subject to the same complaint requirement. Identifying the correct provision is therefore important. mojlaw.moj.gov.tw

3. AI-Generated Nude Images Can Also Lead to Criminal Liability

“It was only a joke” or “the image is fake” does not automatically exclude criminal liability.

Article 319-4 specifically addresses fabricated sexual images. Creating such images with the required intention to share them, or sharing them in a manner capable of causing harm, may constitute an offense even though the depicted sexual activity never occurred.

The relevant questions include what was created, whose likeness was used, the intended or actual distribution, and whether the images were capable of causing harm. Each case must be assessed against the statutory requirements and evidence. mojlaw.moj.gov.tw

4. What Should You Do About Secret Recording, Leaked Images or Deepfakes?

Seek legal assistance promptly if:

Your intimate photographs or videos have been posted, forwarded or sent anonymously;
Someone has secretly recorded you or used intimate images to threaten you or demand money;
You discover AI-generated nude images or fabricated sexual videos depicting you;
You need help preserving evidence, requesting removal or assessing criminal and civil remedies.

Keep relevant URLs, account details, timestamps, messages and platform report records. Preserve evidence without unnecessarily redistributing the images.

If you are accused of recording or sharing intimate images, preserve the complete records and obtain legal advice before responding to the allegation. The content of the images, consent, purpose and actual conduct all require examination.

5. Legal Assistance for Intimate Image Cases in Taiwan

A Legal Consultant can help assess the legal issues and available options involving:

Criminal complaints and civil compensation claims arising from intimate image disclosure;
Evidence preservation and legal responses to AI-generated sexual images;
Platform removal requests and urgent protective measures where available;
Criminal investigations concerning unauthorized recording or distribution.

The appropriate response depends on the image content, how it was obtained or shared, the parties’ consent and the available evidence.