Online child sexual exploitation and abuse of children

Federal Criminal Code (Federal legislation enforced across the country) contains provisions on prosecution of:

Chapter II. Pornography of Persons under the Age of Eighteen or Persons who do not have the capacity to understand the Meaning of the Fact or of Persons who do not have the Capacity to Oppose.

Article 202. Commits the crime of pornography of persons under the age of eighteen or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to oppose to it, the persone who procure, oblige, facilitate or induce, for any means, to one or more of these persons to perform sexual acts or body exhibitionism with lascivious or sexual purposes, real or simulated, for the purpose of video recording, photographing, filming, displaying or describing them through printed advertisements, transmission of data files in public or private telecommunications networks, computer systems, electronics or substitutes. The perpetrator of this crime will be sentenced to seven to twelve years in prison and a fine of eight hundred to two thousand days.

Whoever fixes, prints, records, photographs, films or describes physical or lascivious or sexual acts, real or simulated, involving one or more persons under the age of eighteen or one or more persons who do not have the capacity to understand the meaning of the event or one or more people who have no ability to oppose, will be imposed the penalty of seven to twelve years in prison and eight hundred to two thousand days fine, as well as the seizure of objects, instruments and products of the crime.

The same penalty shall be imposed on anyone who reproduces, stores, distributes, sells, purchases, leases, exhibits, advertises, transmits, imports or exports the material referred to in the preceding paragraphs.

Article 202 BIS.- Anyone who stores, buys, leases, the material referred to in the preceding paragraphs, without marketing or distribution purposes will be imposed one to five years in prison and a fine of one hundred to five hundred days. Furthermore the person will also may be subject to specialized psychiatric treatment.

General Law to Prevent, Punish and Eradicate Crimes related to Human Trafficking and for Protection and Assistance to the Victims of these Crimes

Of crimes in the area of Human Trafficking

Article 10.- Any act or intentional omission of one or more persons to capture, engage, transport, transfer, retain, deliver, receive or lodge one or more persons for the purpose of exploitation will be imposed from 5 to 15 years in prison and from a thousand to twenty thousand days fine, without prejudice to the corresponding sanctions for each one of the crimes committed, foreseen and sanctioned in this Law and in the corresponding penal codes.

It will be understood as exploitation of a person to:

…III. The prostitution of others or other forms of sexual exploitation, in the terms of articles 13 to 20 of this Law;

Article 13. Shall be sanctioned with a penalty of imprisonment from 15 to 30 years and a fine of one thousand to 30 thousand days whoever benefits from the exploitation of one or more persons through prostitution, pornography, public or private exhibitions of a sexual nature, sex tourism or any other sexual activity paid by:

I. Deception;

II. Physical or moral violence;

III. The abuse of power;

IV. The abuse of a situation of vulnerability;

V. Serious damage or threat of serious harm; or

VI. The threat to report to authorities about their immigration status in the country or any other abuse of the use of law or legal proceedings, which causes that the passive subject decide to submit to the requirements of the perpetrator.

In the case of minors or persons who do not have the capacity to understand the meaning of the event, the verification of the means referred to in this article will not be required.

Article 16. Shall be punished with a penalty of imprisonment from 15 to 30 years in prison and a fine of 2 thousand to 60 thousand days, as well as confiscation of the objects, instruments and proceeds of crime, including the destruction of the resulting materials, anyone who procure, promotes, oblige, advertise, manage, facilitate or induce, by any means, a person under the age of eighteen, or a person who does not have the capacity to understand the meaning of the act, or has no the capacity to resist the conduct, to perform sexual acts or body exhibition, for sexual purposes, real or simulated, in order to produce material through video record, audio record, photograph, film, display or to describe it through printed ads, computer systems, electronics or substitutes, and benefit economically from the exploitation of the person.

If the use of force, deception, physical or psychological violence, coercion, abuse of power or a situation of vulnerability, addictions, a hierarchical or trusting position, or the granting or receipt of payments or benefits were made to obtain the consent of a person who has authority over another or any other circumstance that diminishes or eliminates the will of the victim to resist, the penalty foreseen in the previous paragraph will be increased by one half.

The same sanctions foreseen in the first paragraph of this article will be imposed, to whoever finances, elaborates, reproduces, stores, distributes, commercializes, leases, exposes, publicizes, disseminates, acquires, exchanges or shares, by any means, the material to which the previous behaviors refer.

Article 17. A penalty with imprisonment from 5 to 15 years and a fine of one thousand to 20 thousand days will be imposed on anyone who stores, acquires or leases for himself or for a third party, the material referred to in the previous article, without marketing purpose or distribution.

Article 18. Shall be punished with a penalty of imprisonment from15 to 25 years and a fine of one thousand to 20 thousand days anyone who promotes, advertises, invites, facilitates or manages by any means one or more persons to travel to the national territory or abroad with the purpose of performing any type of sexual acts, real or simulated, with one or more persons under the age of eighteen, or with one or several persons who have no capacity to understand the meaning of the act or with one or several people who do not have the capacity to resist it, and benefit economically from it.