Key Benefits:
LEI No. 12,015, OF August 7, 2009.
Altera Title VI of the Special Part of the Decree-Law no 2,848, of December 7, 1940-Penal Code, and the art. 1o of the Law no 8,072 of July 25, 1990, which has on the heinous crimes, pursuant to the inciso XLIII of the art. 5o of the Federal Constitution and repeal the Act no 2,252, from 1o of July 1954, which deals with corruption of minors.
The PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:
Art. 1o This Law changes Title VI of the Special Part of the Decree-Law no 2,848, from 7 of December 1940-Criminal Code, and the art. 1o of the Law no 8,072 of July 25, 1990, which has on the heinous crimes, pursuant to the inciso XLIII of the art. 5o of the Federal Constitution.
Art. 2o Title VI of the Special Part of the Decree-Law no 2,848, of December 7, 1940-Penal Code, goes on to invigorate with the following changes:
?Title VI
OF THE CRIMES AGAINST THE SEXUAL DIGNITY
CHAPTER I
OF CRIMES AGAINST SEXUAL FREEDOM
Estupro
Art. 213. Embarrass someone, upon violence or grave threat, to have carnal conjunction or to practise or allow with it to practice another libidinous act:
Pena-seclusion, from 6 (six) to 10 (ten) years.
§ 1o If of the conduct results for personal injury of a serious nature or if the victim is less than 18 (eighteen) or greater than 14 (fourteen) years:
Pena-seclusion, from 8 (eight) to 12 (twelve) years.
§ 2o If of the conduct results death:
Pena-seclusion, of 12 (twelve) to 30 (thirty) years.? (NR)
?Sexual violence upon fraud
Art. 215. Having carnal conjunction or practicing another libidinous act with someone, upon fraud or other means preventing or hindering the free manifestation of will of the victim:
Pena-seclusion, from 2 (two) to 6 (six) years.
Single paragraph. If the crime is committed with the end of gaining economic advantage, does it apply also fine.? (NR)
?Sexual harassment
Art. 216-A. ....................................................................
..............................................................................................
§ 2o The penalty is increased by up to a third if the victim is less than 18 (eighteen) years old.? (NR)
?CHAPTER II
OF SEX CRIMES AGAINST VULNERABLE
Art. 218. Induce someone smaller than 14 (fourteen) years to satisfy the ballast of outrain:
Penalty-Seclusion, from 2 (two) to 5 (five) years.
Single paragraph. (VETADO).? (NR)
?Criminal action
Art. 225. In the crimes set out in Chapters I and II of this Title, public criminal action is carried out conditional on representation.
Single paragraph. It proceeds, however, by unconditioned public criminal action if the victim is a minor of 18 (eighteen) years or vulnerable person.? (NR)
?CHAPTER V
OF LENOCINIUM AND TRAFFICKING FROM PERSON TO END OF
PROSTITUTION OR ANOTHER FORM OF
SEXUAL EXPLOITATION
.............................................................................................
Favoring prostitution or another form of sexual exploitation
Art. 228. Induce or attract someone to prostitution or other form of sexual exploitation, facilitate it, prevent or hinder that someone else abandons it:
Pena-seclusion, from 2 (two) to 5 (five) years, and fine.
§ 1o If the agent is ascending, stepfather, stepmother, brother, stepson, spouse, companion, guardian or curator, preceptor or employer of the victim, or if taken up, by law or other form, obligation of care, protection or surveillance:
Pena-seclusion, from 3 (three) to 8 (eight) years.
...................................................................................? (NR)
?Art. 229. Maintain, on its own or third party, establishment in which sexual exploitation occurs, there is, or not, aim of profit or direct mediation of the owner or manager:
...................................................................................? (NR)
?Rufianism
Art. 230. ......................................................................
.............................................................................................
§ 1o If the victim is less than 18 (eighteen) and greater than 14 (fourteen) years or if the crime is committed by rising, stepfather, stepmother, brother, stepson, spouse, companion, guardian or curator, preceptor or employer of the victim, or by whom he took over, by law or other form, obligation of care, protection or surveillance:
Pena-seclusion, from 3 (three) to 6 (six) years, and fine.
§ 2o If the crime is committed upon violence, grave threat, fraud or other means preventing or hindering the free manifestation of the victim's will:
Pena-seclusion, from 2 (two) to 8 (eight) years, without prejudice to the penalty corresponding to violence.? (NR)
?International Trafficking of person for end of sexual exploitation
Art. 231. To promote or facilitate the entry, into the national territory, of someone who in it comes to engage in prostitution or other form of sexual exploitation, or the departure of someone who is going to exercise it abroad.
Pena-seclusion, from 3 (three) to 8 (eight) years.
§ 1the Inflows in the same penalty the one who book, groping or buy the trafficked person, as well as, having knowledge of that condition, transporting it, transferring or lodging it.
§ 2o The penalty is increased of the half if:
I-the victim is a minor from 18 (eighteen) years;
II-the victim, by infirmity or mental impairment, do not have the necessary discernment for the practice of the act;
III-if the agent is ascendant, stepfather, stepmother, brother, stepson, spouse, fellow, guardian or curator, preceptor or employer of the victim, or has taken over, by law or other form, obligation of care, protection or surveillance; or
IV-there is employment of violence, grave threat or fraud.
§ 3o If the crime is committed with the end of gaining economic advantage, applies also fine.? (NR)
?Internal trafficking of person for end of sexual exploitation
Art. 231-A. To promote or facilitate the displacement of someone within the national territory for the exercise of prostitution or other form of sexual exploitation:
Pena-seclusion, from 2 (two) to 6 (six) years.
§ 1the Inflows in the same penalty for the one who book, altender, sell or buy the trafficked person, as well as, having knowledge of that condition, transporting it, transferring it or lodging it.
§ 2o The penalty is increased of the half if:
I-the victim is a minor from 18 (eighteen) years;
II-the victim, by infirmity or mental impairment, do not have the necessary discernment for the practice of the act;
III-if the agent is ascendant, stepfather, stepmother, brother, stepson, spouse, fellow, guardian or curator, preceptor or employer of the victim, or has taken over, by law or other form, obligation of care, protection or surveillance; or
IV-there is employment of violence, grave threat or fraud.
§ 3o If the crime is committed with the end of gaining economic advantage, applies also fine.? (NR)
Art. 3o The Decree-Law no 2,848, of 1940, Code Penal, it passes the increased invigoration of the following arts. 217-A, 218-A, 218-B, 234-A, 234-B and 234-C:
?Rape of vulnerable
Art. 217-A. Having carnal conjunction or practicing another libidinous act with less than 14 (fourteen) years:
Pena-seclusion, from 8 (eight) to 15 (fifteen) years.
§ 1the Inflows in the same Pena who practices the actions described in the caput with someone who, by infirmity or mental impairment, does not have the necessary discernment for the practice of the act, or who, for any other cause, cannot offer resistance.
§ 2o (VETADO)
§ 3o If the conduct results injury body of a serious nature:
Pena- reclusion, from 10 (ten) to 20 (twenty) years.
§ 4o If of the conduct results death:
Pena-seclusion, of 12 (twelve) to 30 (thirty) years.?
?Satisfaction of ballast upon presence of child or adolescent
Art. 218-A. Practise, in the presence of someone smaller than 14 (fourteen) years, or induce him to witness, carnal conjunction or other libidinous act, in order to satisfy own or other ballast:
Pena-seclusion, from 2 (two) to 4 (four) years.?
?Favoring prostitution or another form of sexual exploitation of vulnerable
Art. 218-B. Submit, induce or attract to prostitution or other form of sexual exploitation someone smaller than 18 (eighteen) years or who, by infirmity or mental impairment, does not have the necessary discernment for the practice of the act, facilitate it, prevent or make it difficult to abandon it:
Pena- reclusion, from 4 (four) to 10 (ten) years.
§ 1o If the crime is practiced with the end of gaining economic advantage, it applies also fine.
§ 2the Inflows in the same feathers:
I-who practices conjuncture carnal or other libidinous act with someone smaller than 18 (eighteen) and greater than 14 (fourteen) years in the situation described in the caput of this article;
II-the owner, the manager or the responsible for the place in which to check the practices referred to in the caput of this article.
§ 3o In the hypothesis of the inciso II of § 2o, constitutes mandatory effect of the cassation of the cassation of the location license and operation of the establishment.?
?CHAPTER VII
PROVISIONS GERAIS
Increase in feather
Art. 234-A. In the crimes set out in this Title the penalty is increased:
I-(VETADO);
II-(VETADO);
III-from half, if the crime results pregnancy; and
IV-from a sixth to half, if the agent transmits to the victim sexually transmitted disease of which he knows or should know be porter.?
?Art. 234-B. The processes in which they establish crimes defined in this Title will run in secret of justice.?
?Art. 234-C. (VETADO).?
Art. 4o The art. 1o of the Law no 8,072, of July 25, 1990, Hediondos Crimes Act, passes the invigoration with the following essay:
?Art. 1o ............................................................................
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V-rape (art. 213, caput and § § 1o and 2o);
VI-rape of vulnerable (art. 217-A, caput and § § 1o, 2o, 3o , and 4o);
...................................................................................................
...................................................................................? (NR)
Art. 5o The Law no 8,069, of July 13, 1990, passes the increased invigoration of the following article:
?Art. 244-B. Corrupting or facilitating the corruption of less than 18 (eighteen) years, with him practicing criminal infraction or inducing it to practise it:
Penalty-seclusion, from 1 (one) to 4 (four) years.
§ 1the Inflows in the feathers predicted in the caput of this article who practices the conduits there typified using any electronic means, including internet chat rooms.
§ 2o The predicted penalties in the caput of this article are increased by one third in case the committed or induced infraction is included in the art rol. 1o of Law no 8,072, of July 25, 1990.?
Art. 6o This Law comes into effect on the date of its publication.
Art. 7the Revogize the arts. 214, 216, 223, 224 and 232 of the Decree-Law no 2,848, of December 7, 1940-Penal Code, and the Law no 2,252, from 1th of July 1954.
Brasilia, August 7, 2009; 188the of Independence and 121o of the Republic.
LUIZ INACIO LULA DA SILVA
Tarso Genro
