Libro Segundo Título III. De los delitos contra la libertad e indemnidad sexual de las personas

Whoever, with physical or psychological violence, has carnal access via vaginal, anal or oral route with another person, or introduces any part of the body or objects into him or her by any of the routes indicated, or forces another person to introduce them into himself or herself, shall be sanctioned with a penalty of imprisonment of eight to twelve years.

This crime is always committed when the victim is a person under fourteen years of age, or when the victim is a person with volitional or cognitive incapacity, even when there is no physical or psychological violence.

The penalty shall be imposed without prejudice to the penalties that may correspond for the commission of other crimes.

Whoever, with physical or psychological violence, performs acts for sexual or erotic purposes on another person, on the aggressor or on himself or herself, provided it does not constitute the crime of rape, shall be sanctioned with imprisonment of five to eight years.

This crime is always committed when the victim is a person under fourteen years of age or when he or she is a person with volitional or cognitive incapacity even when there is no physical or psychological violence.

The penalty shall be imposed without prejudice to the penalties that may correspond for the commission of other crimes.

The penalty to be imposed for the crimes set forth in the preceding articles shall be increased by two-thirds in the following cases:

1.When the conduct is committed by the joint action of two or more persons.

2.When the victim is especially vulnerable due to being an older adult, suffering from illness, being in a situation of physical or mental disability, or being deprived of liberty.

3.When the perpetrator acts with the use of weapons or alcoholic, narcotic or stupefacient substances or other instruments or substances that seriously injure the health of the offended person or alter their volitional capacity.

4.When it is committed against a woman in a state of pregnancy or when said state results as a consequence of the crime.

5.When the perpetrator is a relative of the victim, or a person in charge of their education, keeping, custody, care, guardianship, or is the spouse, former spouse, cohabitant or former cohabitant of the victim or of one of their relatives within the degrees provided by Law.

6.When as a consequence of the conduct, the perpetrator produces contagion of any sexually transmitted disease to the victim.

7.When the perpetrator is a public official or public employee or a professional in the exercise of their functions.

If on the occasion of or as a consequence of the rape, the death of the female victim results, imprisonment of 30 to 50 years shall be imposed.

The death penalty shall be imposed on him if the victim has not reached 10 years of age.

Whoever, employing the means or availing himself of the conditions indicated in Articles 173, 174 and 175 of this Code, performs on a person of his same or of a different sex sexual acts other than carnal access commits dishonest abuse.

The dishonest abuses referred to in this article shall be punished as follows:

1.If the circumstances provided for in Article 173 concur, with imprisonment of six to twelve years; 2. If the circumstances prescribed in Article 174 concur, with imprisonment of eight to twenty years; 3. If the circumstances provided for in Article 175 concur, with imprisonment of twenty to thirty years.

The penalty of fifty years shall be imposed if the victim had not reached ten years of age and said victim dies.

Dishonest abuses committed upon a person of either sex over twelve years of age and under eighteen, in the circumstances referred to in Articles 176 and 177 of this Code, shall be punished, respectively: 1. With imprisonment of two to four years; 2. With imprisonment of one to two years. In those under Article 178. 1. With imprisonment of four to six years 2. with imprisonment of two to four years.

If the dishonest abuses were committed upon a person under twelve years of age and over ten, the foregoing penalties shall be increased by one third, and by two thirds, if the victim were under ten years of age.

Whoever performs, or causes another person to perform, sexual acts before persons who are minors or a person with volitional or cognitive incapacity, shall be sanctioned with a penalty of three to five years of imprisonment.

Shall be sanctioned with imprisonment of three to five years, whoever:

a.Allows persons who are minors or with volitional or cognitive incapacity to witness shows of a sexual nature reserved for adults.

b.Allows minors to enter public shows of a sexual nature reserved for adults.

c.In any manner distributes pornographic material to minors.

d.In any manner allows minors to acquire pornographic material.

Whoever, by any means, without the consent of the person, attacks their sexual privacy and seizes or captures messages, conversations, communications, sounds, images in general or images of their body, to affect their dignity shall be sanctioned with imprisonment of one to three years.

The same penalties shall be imposed on whoever, without authorization, seizes, accesses, uses or modifies, to the detriment of a third party, communications made by any physical or electronic means or reserved data with sexual content of a personal, family or other nature, which are recorded in computer, electronic or telematic files or media or in any other type of public or private file or register, to the detriment of the holder of the data or of a third person.

Imprisonment of two to four years shall be imposed on whoever disseminates, reveals or transfers, under any title, to third parties, the data or facts discovered or the images captured referred to in this article.

Whoever, through any type or class of technological means, whether or not availing himself or herself of anonymity, contacts any boy, girl or adolescent for the purpose of:

a.Requesting or receiving material with sexual or pornographic content, whether own or of third persons, whether or not it includes audiovisual media;

b.Having the minor engage in sexual relations, or facilitating the minor's sexual relations with a third person;

c.Facilitating the commission of any other crime against the liberty or sexual indemnity of the boy, girl or adolescent contacted.

The person liable for one or more of the conducts indicated above shall be sanctioned with imprisonment of six (6) to twelve (12) years, regardless of whether he or she achieves his or her purpose.

The penalty shall be increased by two thirds when the victim is a boy, girl or adolescent with cognitive or volitional incapacity.

The penalty shall be imposed without prejudice to those that may correspond for the commission of other crimes.

Whoever, through the use of information technologies or technological means, availing themselves or not of anonymity, threatens a boy, girl, adolescent or their legal representatives with disseminating material with sexual or pornographic content belonging to the boy, girl or adolescent, whether such material is contained in audiovisual media or others, shall be sanctioned with imprisonment of six (6) to twelve (12) years.

The penalty shall be increased by two thirds when the victim is a boy, girl or adolescent with cognitive or volitional incapacity. The penalty shall be imposed without prejudice to those that may correspond for the commission of other crimes.

The exploitation of a person of legal age, through the promotion, facilitation or favoring of their prostitution, shall be punished with imprisonment of five to ten years, and with a fine of fifty thousand to one hundred thousand quetzales.

The penalties indicated in the preceding article shall be increased by one third, in the following cases:

a.If during his/her sexual exploitation the person had been pregnant.

b.When the perpetrator is a relative of the victim, or is responsible for his/her education, guard, custody, care, guardianship or is the spouse, former spouse, cohabitant or former cohabitant of the victim or of one of his/her parents.

c.When violence or abuse of authority is involved.

Whoever, for himself or for third persons, in exchange for any sexual act with a minor, provides or promises to such minor or to a third person an economic benefit or a benefit of any other nature, regardless of whether the purpose is achieved, shall be sanctioned with imprisonment of five to eight years, without prejudice to the penalties that may correspond for the commission of other crimes.

Whoever, for himself or for a third person, in exchange for any sexual act with a person of legal age, gives or promises to a third person an economic benefit or benefit of any other nature, regardless of whether the purpose is achieved, shall be sanctioned with imprisonment of three to five years.

Whoever in any form and through any means produces, manufactures or prepares pornographic material containing a real or simulated image or voice of one or more persons who are minors or with volitional or cognitive incapacity, in pornographic or erotic acts, shall be sanctioned with imprisonment of six to ten years and a fine of fifty thousand to five hundred thousand quetzales.

Whoever, in any manner and through any means, produces, manufactures or prepares pornographic material containing a real or simulated image or voice of one or several persons who are minors or have volitional or cognitive incapacity, in pornographic or erotic actions, shall be sanctioned with imprisonment of six to ten years and a fine of fifty thousand to five hundred thousand quetzales.

Whoever, in a public place or a place open or exposed to the public, performs or causes to be performed obscene acts, shall be sanctioned with a fine of two hundred to two thousand quetzales.

Whoever publishes, reproduces, imports, exports, distributes, transports, exhibits, prepares propaganda, disseminates or trades in any form and through any means pornographic material of persons who are minors or persons with volitional or cognitive incapacity in which their real or simulated image or voice is used, shall be sanctioned with imprisonment of six to eight years and a fine of fifty thousand to five hundred thousand quetzales.

Whoever knowingly possesses and acquires pornographic material of one or more persons who are minors or with volitional or cognitive incapacity, in pornographic or erotic acts, shall be sanctioned with imprisonment of two to four years.

Whoever facilitates, organizes, promotes or in any way permits the commission of the crimes contemplated in this chapter, through activities related to tourism, shall be sanctioned with imprisonment of six to ten years and a fine of one hundred thousand to five hundred thousand quetzales.

The penalties for the crimes contemplated in articles 173, 188, 189, 193, 194, 195, 195 Bis, 195 Ter shall be increased by two-thirds if the victim were under eighteen and over fourteen years of age; by three-fourths if the victim were a person under fourteen years of age, and by double the penalty if the victim were a person under ten years of age.

Whoever, against morals by reason of exposing them to the view of minors and the public, publishes and disseminates by any means, manufactures, reproduces or sells: pornographic and obscene books, writings, images, graphics or other objects, commits the crime of obscene publications and shows.

The same crime is committed by whoever performs or causes to be performed obscene acts of exhibition or sexual provocation before minors and in meetings, demonstrations or public shows. Excepted are plays, images and graphics corresponding to a work of art, historic monument and that which is exhibited for educational purposes. In any case, the exhibition must be previously authorized by the Ministry of Culture and Sports, indicating the place where it is to be exhibited.

The same crime is committed by those who act as directors, managers, administrators, legal representatives, executives, officials or trusted employees or who in any manner represent another person or legal persons, who participate in the execution of the acts and without whose participation they could not have been carried out.

In the case of legal persons which as such and by order of their directing bodies participate in the commission of these acts, their legal representative shall have criminal liability and furthermore the legal person shall be sanctioned with closure of the enterprise.

This crime shall be sanctioned with penalty of three to nine years of imprisonment and fine of one hundred thousand to two hundred thousand quetzales.

The penalty shall be increased by one third:

a)For those found liable, being public officials or public employees and whose action as such allowed the commission of the acts. Additionally, suspension from holding public office or employment for a period of two to three years shall be applied to them.

b)For those found liable, having in their charge public or private establishments, institutions or dependencies entrusted with the care or protection of minors.

c)When the publication, dissemination by any means, manufacture, reproduction and sale are carried out by minors.

d)When the pornographic and obscene books, writings, images, graphics or other objects refer to minors.

Regarding the exercise of the criminal action for the crimes covered in Title III of Book II of this Code, the following provisions shall govern:

1º.They are of public action prosecutable on its own initiative by the Public Prosecutor's Office.

2º.The pardon by the offended person or their legal representative does not extinguish the criminal action, criminal liability or the penalty imposed.

3º.The exercise of the criminal action may not be suspended, interrupted or discontinued.

4º.The Office of the Attorney General of the Nation shall become on its own initiative an adhesive complainant and civil claimant when the victim is a minor or incapacitated person who lacks a legal representative, or when there is a conflict of interest between the victim and their legal representative. In any case, it shall safeguard the rights of child victims in accordance with their best interest.

5º.The Public Prosecutor's Office shall become on its own initiative a civil claimant when the victim is a person of limited economic resources.

6º.Judges are empowered to make such declarations as are appropriate on matters of parentage and the setting of maintenance, when so requested by the victim or their legal representative.

There shall be imposed on those liable for the crimes referred to in Title III of Book II of the Penal Code, in addition to the penalties provided for each crime, the following:

1º.If the perpetrator is a foreign person, the penalty of expulsion from the national territory shall be imposed on him/her, which shall be executed immediately after he/she has served the principal penalty.

2º.If the crime is committed by a legal person, in addition to the sanctions applicable to the guardians and accomplices, cancellation of the commercial patent shall be ordered, as well as prohibition from engaging in commercial activities for a period equivalent to twice the penalty of imprisonment imposed.

3º.If the perpetrator commits the crime in abuse of the exercise of his/her profession, the special disqualification of prohibition from exercising his/her profession or activity for a period equivalent to twice the penalty of imprisonment imposed shall be imposed on him/her.

4º.Together with the principal penalty, that of special disqualification shall be imposed when the criminal act is committed with abuse of the exercise or with violation of the duties inherent to a profession or activity.

*5º. He/she shall be prohibited from contracting internet services, for twice the penalty imposed, notifying the providers of said service.

*6º. The loss of the electronic devices used in the commission of the crime, in favor of the Public Prosecutor's Office.

Congress of the Republic). Whoever fails to comply with any or several of the accessory penalties imposed shall be liable for the crime of disobedience.

Ascendants, guardians, protutors, executors, teachers or any other persons who, with abuse of authority or trust, cooperate as accomplices in the perpetration of the crimes of rape, estupro, indecent abuse, abduction, corruption of minors or crimes against modesty, shall be punished with the penalties corresponding to the principals.

In the crimes included in the preceding Chapters I, II, III and IV, the criminal liability of the active subject or the penalty, as applicable, shall be extinguished by the lawful marriage of the victim to the offender, provided that she is over twelve years of age and, in any case, with the prior approval of the Public Prosecutor's Office.