Título IV. De las penas relativas a los delitos de violencia sexual, explotación y trata de personas

“6th. To those convicted of the crimes contemplated in the articles contained in Chapter I of Title III.”

“5. Upon the lapse of twice the time of the maximum penalty prescribed for the crimes covered in Chapters I and II of Title III of Book II of the Penal Code.”

“6. In crimes committed against persons who are minors, the time limit of the limitation period shall begin to run from the moment the victim reaches the age of majority.”

Article 150 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 150 Bis. Abuse against minor persons. Whoever, by means of any action or omission, causes to a person who is a minor or who has volitional or cognitive incapacity physical harm, psychological harm, illness, or places the child at grave risk of suffering them, shall be sanctioned with imprisonment of two to five years, without prejudice to the sanctions applicable for other crimes.”

Article 151 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 151. Contagion of sexually transmitted infections. Whoever, knowing that they suffer from a sexually transmitted infection, exposes another person to contagion, shall be sanctioned with imprisonment of two to four years.

If the victim is a minor or a person with volitional or cognitive incapacity, the penalty shall be increased by two thirds.”

Article 156 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 156 Bis. Employment of persons who are minors in work activities harmful to their integrity and dignity. Whoever employs persons who are minors in harmful and dangerous work activities that impair their health, safety, integrity and dignity shall be sanctioned with imprisonment of two to four years and a fine of twenty thousand to one hundred thousand quetzales.”

The denomination of Title III of Book II of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“TITLE III

Of crimes against the liberty and sexual indemnity of persons.”

The designation of Chapter I of Title III of Book II of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“CHAPTER I

On sexual violence”

Article 173 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed, which shall read as follows.

“Article 173. Rape. 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 to such person, by any of the indicated routes, or compels another person to introduce them into himself/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 no physical or psychological violence is involved.

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

Article 173 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 173 Bis. Sexual assault. Whoever, with physical or psychological violence, performs acts with 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 the victim is a person with volitional or cognitive incapacity even when no physical or psychological violence occurs.

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

Article 174 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 174. Aggravation of the penalty. The penalty to be imposed for the crimes stated in the preceding articles shall be increased by two-thirds in the following cases:

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

2º.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.

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

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

5º.When the perpetrator is a relative of the victim, or the person responsible for his or her education, keeping, custody, care, guardianship, or is the spouse, former spouse, cohabitant or former cohabitant of the victim or of one of his or her relatives within the degrees established by Law.

6º.When as a consequence of the conduct, the perpetrator causes contagion of any disease of

7º.When the perpetrator is a public official or public employee or a professional in the exercise of his or her functions.”

The denomination of Chapter V of Title III of Book II of the Criminal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“CHAPTER V

Of crimes against the sexual indemnity of persons”

Article 188 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 188. Sexual exhibitionism. Whoever performs, or causes another person to perform, sexual acts in front of 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.”

Article 189 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 189. Admission to shows and distribution of pornographic material to persons who are minors. Whoever shall be sanctioned with imprisonment of three to five years, who:

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 persons who are minors.

d.In any manner allows persons who are minors to acquire pornographic material”.

Article 190 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed, which shall read as follows:

“Article 190. Violation of sexual privacy. Whoever by any means, without the consent of the person, infringes upon 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 registered in files or any other type of public or private file or register, to the detriment of the person holding 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 to which this article refers.”

The name of Chapter VI of Title III of Book II of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended, which shall read as follows:

“CHAPTER VI

Of crimes of Sexual Exploitation”

Article 191 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed, to read as follows:

"Article 191. Promotion, facilitation or favoring of prostitution. 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."

Article 192 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 192. Promotion, facilitation or favoring of aggravated prostitution. The penalties indicated in the preceding article shall be increased by one third, in the following cases:

a.If during her sexual exploitation the person was pregnant.

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

c.When violence or abuse of authority occurs.”

Article 193 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed, to read as follows:

“Article 193. Remunerated sexual activities with minors. Whoever, for himself or for third persons, in exchange for any sexual act with a minor, gives 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.”

Article 193 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, “Article 193 Bis. Remuneration for the promotion, facilitation or favoring of prostitution. Whoever, for himself or for a third person, in exchange for any sexual act with a person of legal age, provides 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.”

Article 194 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed, which shall read as follows:

“Article 194. Production of pornography of persons who are minors. Whoever in any form and through any means produces, manufactures or prepares pornographic material containing real or simulated image or voice of one or several persons who are minors or with 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.”

Article 195 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 195 Bis. Commercialization or dissemination of pornography of persons who are minors. Whoever publishes, reproduces, imports, exports, distributes, transports, exhibits, produces propaganda, disseminates or commercializes in any form and through any means, pornographic material of persons who are minors or 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.”

Article 195 Ter. Possession of pornographic material of persons who are minors. 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 actions, shall be sanctioned with imprisonment of two to four years.

Article 195 Quater is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 195 Quater. Use of tourism activities for the commercial sexual exploitation of persons who are minors. Whoever facilitates, organizes, promotes or in any manner 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.”

Article 195 Quinquies is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 195 Quinquies. Special aggravating circumstances. The penalties for the crimes covered in Articles 173, 188, 189, 193, 194, 195, 195 Bis, 195 Ter shall be increased by two-thirds if the victim is under eighteen and over fourteen years of age; by three-quarters if the victim is a person under fourteen years of age, and by twice the penalty if the victim is a person under ten years of age.”

Article 197 of the Criminal Code, Decree Number 17-73 of the Congress of the Republic, is amended to read as follows:

“Article 197. Of the criminal action. With respect to the exercise of the criminal action in the crimes contemplated in Title III of Book II of this Code, the following provisions govern:

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

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

3.The exercise of the criminal action may not be suspended, interrupted or caused to cease.

4.The Office of the Attorney General of the Nation shall become on its own initiative an adhesive complainant and civil plaintiff 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 ensure the rights of child victims in accordance with their best interests.

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

6.The judges are empowered to make such declarations as may be appropriate in matters of parentage and the setting of maintenance, when so requested by the victim or their legal representative.”

Article 198 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is amended, to read as follows:

“Article 198. Accessory penalties. The following 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:

1º.If the perpetrator is a foreign person, the penalty of expulsion from the national territory shall be imposed on them, which shall be executed immediately after they have served the principal penalty.

2º.If the crime is committed by a legal person, in addition to the sanctions applicable to the perpetrators and accomplices, cancellation of the commercial license 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 through abuse of the exercise of their profession, the special disqualification of prohibition from exercising their profession or activity shall be imposed on them for a period equivalent to twice the penalty of imprisonment imposed.

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.”

Article 202 Ter is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 202 Ter. Trafficking in persons. The recruitment, transportation, transfer, retention, harboring or receipt of one or more persons for purposes of exploitation constitutes the crime of trafficking in persons.

Whoever commits this crime shall be sanctioned with imprisonment of eight to eighteen years and a fine of three hundred thousand to five hundred thousand quetzales.

In no case shall the consent given by the victim of trafficking in persons or by his or her legal representative be taken into account.

For the purposes of the crime of trafficking in persons, the following shall be understood as purpose of exploitation: The prostitution of others, any other form of sexual exploitation, forced labor or services, any type of labor exploitation, begging, any form of slavery, servitude, the sale of persons, the extraction of and trafficking in human organs and tissue, the recruitment of persons who are minors for organized criminal groups, irregular adoption, irregular adoption procedure, pornography, forced pregnancy or forced or servile marriage.”

Article 202 Quáter is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which reads as follows:

“Article 202 Quáter. Remuneration for trafficking in persons. Whoever, for himself or for third parties, in exchange for the exploitation activities to which the crime of trafficking refers, gives or promises to a person or to third parties an economic benefit or of any other nature, shall be sanctioned with penalty of imprisonment of six to eight years.

The penalty established in the preceding paragraph shall be increased by two thirds if the remuneration is given or is promised in exchange for exploitation activities of or if the victim is a person under eighteen and over regardless of whether the purpose is achieved, shall be a person under fourteen years of age; and it shall be doubled if it concerns a person under ten years of age.”

Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 204. Aggravating circumstances. The penalties indicated in the preceding articles shall be increased by one third if any of the following circumstances concur:

1.If the kidnapping or abduction, confinement or detention lasts more than three days.

2.If in the execution of the crime there is a threat of death, cruel or infamous treatment of the offended person.

3.If the crime is committed by more than two persons.

4.If the will of the victim is weakened or annulled, intentionally or by any means.

5.If the victim, as a consequence of the act, is mentally affected, temporarily or permanently.

If the penalties refer to the crimes provided for in articles 191, 192, 193, 193 Bis, 194, 195, 195 Bis, 195 Ter, 195 Quáter, 202 Ter and 202 Quáter, the penalty shall be increased by one third if any of the following circumstances concur:

a.Violence is resorted to.

b.Recourse is had to servile marriage, substitution of one child for another, supposition of childbirth or suppression or alteration of civil status.

c.The victim is a person with volitional, cognitive or resistance incapacity or an older adult.

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

e.The perpetrator acts using weapons, alcoholic, narcotic, stupefacient substances, other instruments or substances that seriously harm the health of the offended person.

f.The victim is in a state of pregnancy.

g.The perpetrator of the crime of trafficking in persons is a public official, public employee or professional in the exercise of his or her functions.

The penalty to be imposed shall be increased by two thirds if in the cases covered by articles 201 and 203, the act was executed with simulation of authority fourteen years; by three quarters if [the victim] is under fourteen and over ten years of age; and doubled if the victim is a person under ten years of age.”

Article 238. Simulation of childbirth. Whoever feigns a pregnancy or childbirth to obtain, for themselves 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.

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

Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 239. Substitution of one child for another. Whoever substitutes one 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.”

Article 240 of the Penal Code, Decree Number 17-73 of the Congress of the Republic, is reformed to read as follows:

“Article 240. Suppression and alteration of civil status. 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 making him lose his rights or his civil status.

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

A 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.”

Article 241 Bis is added to the Criminal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 241 Bis, Irregular Adoption. Whoever, in order to obtain the adoption of a person for himself, gives or promises to a person or to a third person an economic benefit or of any other nature, hypnosis, narcosis or deprivation of reason or senses, sanctioned with imprisonment of three to five years and 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.”

Article 241 Ter is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 241 Ter. Irregular processing of adoption. A public official who, knowingly, processes, authorizes or registers an adoption, using false documents or entries in public registries or where 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.”

Article 301 Bis is added to the Penal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article 301 Bis. Illegal disposition of human organs or tissues. Whoever participates in any illegal act entailing extraction, preservation, supply, trade and use of organs or tissues from living persons or corpses shall be sanctioned with imprisonment of five to ten years.”

“4th. By violence: physical, psychological or moral violence. The first is manifestation of force upon persons or things. The second is intimidation of persons and any conduct through which emotional harm is caused, self-esteem is diminished, the sound integral development of the person is harmed or disturbed, such as conduct exercised in dishonor, discredit or disparagement of personal worth or dignity, humiliating and vexatious treatment, constant surveillance, isolation, abuse of power or of authority, taking advantage of a situation of vulnerability, deceit, threat or the deprivation of economic means indispensable for subsistence. It shall be understood that psychological violence also exists when hypnosis, narcosis or deprivation of reason or sense concurs, whether the active subject provokes the situation or takes advantage of it.”

*(NOTE. Numeral 4 of Article I of the General Provisions of the Penal Code was amended by Article 44 of Decree 31-2012 of the Congress of the Republic, Law against Corruption, to read as follows:

“4th. By violence, physical and psychological or moral violence. The first is manifestation of force upon persons or things; the second is intimidation of persons. It shall be understood that the latter exists when it concurs, whether the active subject provokes the situation or takes advantage of it.”).

Article VI is added to the General Provisions of the Criminal Code, Decree Number 17-73 of the Congress of the Republic, which shall read as follows:

“Article VI. If the crimes of use of persons who are minors in labor activities harmful to their integrity and dignity, possession of pornographic material of persons who are minors, proper abduction of persons who are minors, proper abduction, improper abduction, aggravated abduction, simulation of childbirth, substitution of one child for another, suppression and alteration of civil status, irregular adoption and irregular adoption proceeding, are committed for the purpose of exploitation in the crime of trafficking in persons, the penalties shall be applied without prejudice to the penalties applicable for the commission of the crime of trafficking in persons.”