Libro Segundo Título V. De los delitos contra el orden jurídico familiar y contra el estado civil

Whoever contracts a second or subsequent marriage without the previous one having been lawfully dissolved shall be sanctioned with imprisonment of one to three years.

The same sanction shall be imposed on whoever, being single, knowingly contracts marriage with a married person.

Those who contract marriage knowing that there exists an impediment causing its absolute nullity shall be sanctioned with imprisonment of two to five years.

The same sanction shall apply to whoever contracts marriage, knowing that there exists an impediment causing its absolute nullity and concealing this circumstance from the other contracting party.

Whoever, by deceiving a person, simulates marriage with that person, shall be sanctioned with imprisonment of one to four years.

With equal penalty shall be sanctioned those who, with intent to profit, another unlawful purpose or with harm to a third party, contract marriage exclusively for any of those effects, without prejudice to any other liabilities that may arise from their action.

Whoever, without being legally authorized, performs a marriage, civil or religious, shall be sanctioned with a fine of two hundred to two thousand quetzales, without prejudice to the sanctions corresponding to other crimes in which they may have incurred.

The tutor or protutor who, before the legal approval of their accounts, contracts marriage or gives their consent for their children or descendants to contract it with the person whom they have or have had under their guardianship, unless the father of the latter has authorized it, shall be sanctioned with a fine of two hundred to two thousand quetzales.

A married woman who lies with a man who is not her husband commits adultery, and he who lies with her knowing that she is married, even if the marriage is subsequently declared null. If the act is repeatedly practiced in the conjugal home, with publicity or with scandal, the penalty shall be increased by one third. Adultery shall be sanctioned with imprisonment of six months to two years.

No criminal action may be exercised nor sanction imposed for the crime of adultery except by virtue of a private criminal complaint at the instance of the husband, filed against both accused persons, if both are living, and adultery has never been consented to or either of them pardoned.

The husband may, at any time, remit the sanction imposed on his spouse. In this case, the sanction for the other liable party shall also be deemed remitted.

The husband who has a concubine inside the conjugal home shall be sanctioned with imprisonment of four months to one year. The concubine shall be sanctioned with a fine of fifty to five hundred quetzales. That provided in the other Articles 233 and 234 is applicable to the case addressed in the present Article.

Whoever simulates a pregnancy or childbirth to obtain for himself/herself or a third person rights to which they are not entitled shall be sanctioned with imprisonment of three to five years and a fine of ten thousand to one hundred thousand quetzales.

The physician, nursing personnel or midwives who cooperate in the commission of this crime, in addition to the penalty imposed, shall be sanctioned with special disqualification from the exercise of their profession for twice the penalty imposed.

Whoever substitutes a newborn for another shall be sanctioned with imprisonment of eight to ten years and a fine of one hundred thousand to five hundred thousand quetzales.

Shall be sanctioned with imprisonment of five to eight years and a fine of one hundred thousand to five hundred thousand quetzales, whoever:

1.Falsely reports or causes to be registered in the corresponding persons register, any fact that creates or alters the civil status of a person, or who knowingly takes advantage of the false registration.

2.Conceals or exposes a child with the purpose of causing him to lose his rights or his civil status.

3.Registers or causes to be registered a nonexistent birth or provides false data concerning the parents.

The public official who knowingly authorizes or registers a false fact in the corresponding persons register shall be sanctioned with imprisonment of six to ten years and disqualification from public employment or office for twice the penalty imposed.

Whoever usurps the civil status of another shall be sanctioned with imprisonment of two to five years.

Whoever, in order to obtain the adoption of a person for themselves, gives or promises to a person or to a third person an economic benefit or one of any other nature, regardless of whether the purpose is achieved, shall be sanctioned with imprisonment of three to five years and a fine of twenty thousand to one hundred thousand quetzales. The penalties shall be imposed without prejudice to the penalties that may correspond for the commission of other crimes.

The public official who, knowingly, processes, authorizes or registers an adoption, using documents or entries in public registries that are false or in which the parentage of a minor person or any other information required by the Law for the validity of an adoption has been altered, shall be sanctioned with imprisonment of six to ten years and a fine of fifty thousand to one hundred thousand quetzales.

Whoever, being legally obligated to provide maintenance, by virtue of a final judgment or an agreement contained in a public or authentic document, refuses to comply with such obligation after being legally required to do so, shall be sanctioned with imprisonment of six months to two years, unless he proves that he lacks the economic means to fulfill his obligation.

The perpetrator shall not be exempted from criminal liability by the fact that another person has provided such maintenance.

The sanction indicated in the preceding article shall be increased by one third when the perpetrator, in order to evade performance of the obligation, transfers their property to a third person or employs any other fraudulent means.

Whoever, being legally obligated, fails to fulfill or neglects the rights of care and education with respect to descendants or persons whom they have under their custody or guardianship, so that the latter are in a situation of material and moral abandonment, shall be sanctioned with imprisonment of two months to one year.

In the cases provided for in the three preceding articles, whoever pays the maintenance owed and sufficiently guarantees, in accordance with the law, the subsequent fulfillment of his obligations shall be exempt from sanction.