兒童及少年性剝削防制條例 Child and Youth Sexual Exploitation Prevention Act

Originally enacted in 1995 as the Child and Youth Sexual Transaction Prevention Act, this Act (the “CYSEPA”) was enacted to prevent all forms of sexual exploitation of children and youths and ensure their healthy physical and mental development. The CYSEPA specifies the responsibilities of the relevant authorities and governs the prevention of sexual exploitation of children and youths and the rescue, protection, and counseling of victims. Competent authorities must arrange the placement of the victim in a child and youth welfare institution, foster family, or other appropriate medical or educational institution on an emergency basis; evaluate the necessity of continuing placement within 72 hours; and to apply to the court for longer-term placements. The authorities must also offer counseling, intervention, and assistance with school enrollment, employment, independent living, or other necessary matters for a period of at least one year or until the victim’s 20th birthday. If the offender is the victim’s parent, foster parent, or guardian, the victim, the prosecutors, or other interested parties may apply to a court to stop such person from exercising parental rights over the victim and to appoint another guardian. After becoming aware of any victim or any suspect of a crime covered by the CYSEPA, medical personnel, social workers, educational personnel, caregivers, and personnel of other business or governmental organizations must report the crime to the authorities. Internet platform providers, online application service providers, and telecommunications companies are obligated to remove information relating to suspicious criminal activities, to notify law enforcement, and to provide data to law enforcement and judicial authorities for investigation. The competent authorities are also authorized to require the parents, guardian, or other caregiver of a victim to receive parental education and counseling for a period of up to 50 hours and to attend a family treatment program. Persons found guilty under the CYSEPA are subject to imprisonment as well as to fines up to N.T.10 million, with offenders who intentionally kill the victim subject to the death penalty or life imprisonment. English translation available here.