Key Benefits:
1236 OF 2008
(July 23)
Official Journal No. 47,059 of 23 July 2008
CONGRESS OF THE REPUBLIC
By means of which some articles of the Criminal Code relating to crimes of sexual abuse are modified.
COLOMBIA CONGRESS
DECRETA:
CRIMES AGAINST FREEDOM, INTEGRITY, AND SEXUAL EDUCATION
OF THE VIOLATION.
ARTICLE 1o. Article 205 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 205. Violent carnal access. He who carries out carnal access with another person through violence, will be in prison from twelve (12) to twenty (20) years. "
ARTICLE 2o. Article 206 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 206. Violent sexual act. The one who performs in another person sexual act different to the carnal access through violence, will incur in prison of eight (8) to sixteen (16) years.
ARTICLE 3o. Article 207 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 207. Carnal access or sexual act in person put on inability to resist. The person who performs carnal access with a person to whom he has placed in incapacity to resist or in a state of unconsciousness, or in conditions of a psychological inferiority that prevents him from understanding the sexual relation or giving his consent, will incur in prison of twelve (12) to twenty (20) years.
If you perform a different sexual act of carnal access, the penalty will be eight (8) to sixteen (16) years. "
OF ABUSIVE SEXUAL ACTS.
ARTICLE 4. Article 208 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 208. Abusive carnal access with less than fourteen years. The one who carnally accesses a person under fourteen (14) years, will be in prison from twelve (12) to twenty (20) years. "
ARTICLE 5o. Article 209 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 209. Sex acts with less than fourteen years. The person who will perform various sexual acts of the carnal access with a person of less than fourteen (14) years or in his or her presence, or the inductee of sexual practices, will be in prison from nine (9) to thirteen (13) years. "
ARTICLE 6o. Article 210 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 210. Abusive carnal access or sexual act with unable to resist. The one who carnally accesses a person in a state of unconsciousness, or who has a mental disorder or who is unable to resist, will be in prison from twelve (12) to twenty (20) years.
If access is not performed, but several sexual acts of it, the penalty will be eight (8) to sixteen (16) years. "
COMMON FEATURES TO PREVIOUS CHAPTERS.
ARTICLE 7o. Article 211 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 211. Circumstances of punitive aggravation. The penalties for the offences described in the previous articles will be increased from one third to half, when:
1. The conduct will be committed with the contest of another person or other person.
2. The person responsible has any character, position or position that gives him or her particular authority over the victim, or he or she encourages the victim to place his or her trust in him.
3. Contamination of sexually transmitted disease is produced.
4. It will be performed on a person under fourteen (14) years.
5. It shall be carried out on the spouse or on whom the cohabiting is or has been cohabitated, or with the person with whom a child has been procreated.
6. I would be pregnant.
7. When the victim is a person of the third age or, physical, sensory, or mental diminished. "
OF PIMP.
ARTICLE 8o. Article 213 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 213. Induction to prostitution. The one who, in order to profit or to satisfy the wishes of another, leads to the carnal trade or prostitution to another person, will incur in prison from ten (10) to twenty-two (22) years and fine from sixty-six (66) to seven hundred and fifty (750) current monthly legal minimum wages ".
ARTICLE 9o. Article 214 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 214. Constriction to prostitution. The one who, in order to profit or to satisfy the wishes of another, constrains any person to the carnal trade or to prostitution, will incur in prison from nine (9) to thirteen (13) years and fine from sixty-six (66) to seven hundred and fifty (750) current monthly legal minimum wages ".
ARTICLE 10. Article 216 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 216. Circumstances of punitive aggravation. The penalties for the offences described in the above articles will be increased from one third to half, when the conduct:
1. It will be performed in person under fourteen (14) years.
2. It will be done in order to bring the victim abroad.
3. The person responsible is a member of the victim's family.
4. When the victim is a person of the third age or, physical, sensory, or mental diminished. "
ARTICLE 11. Article 217 of the Criminal Code (Act 599 of 2000) will remain so:
"Article 217. Encouragement to the Prostitution of Minors. The person who makes, arrives, maintains, manages or finances house or establishment for the practice of sexual acts in which minors participate, will be in prison of ten (10) to fourteen (14) years and fine of sixty-six (66) to seven hundred Fifty (750) monthly minimum legal wages in force.
The penalty will be increased from one third to half when the person is a member of the victim's family.
ARTICLE 12. Article 218 of the Criminal Code (Act 599 of 2000) will remain so:
" 218. Pornography with minors. The one who photographs, film, sells, buys, exhibits or in any way commercializes pornographic material in which minors participate, will incur in prison of ten (10) to fourteen (14) years and fine of one hundred and thirty-three (133) to fifteen hundred (1,500) current monthly minimum legal wages.
The penalty will be increased from one third to half when the person is a member of the victim's family. For the purposes of determining the members or members of the family, the provisions of Article 35 and the following of the Civil Code relating to the kinship and the different grades of the family shall apply. consanguinity, affinity and civil. "
ARTICLE 13. Article 219-A of the Criminal Code (Act 599 of 2000) will remain so:
"Article 219-A. Use or facilitation of means of communication to provide child sexual services. Anyone who uses or facilitates traditional mail, global information networks, or any other means of communication to obtain sexual contact with children under eighteen (18) years, or to offer sexual services to them, will incur prison from ten (10) to fourteen (14) years, and a fine of sixty-six (66) to seven hundred and fifty (750) monthly minimum statutory wages in force.
The penalties mentioned in the previous paragraph will be increased by up to half (1/ 2) when the behaviors will be performed with children under fourteen (14) years. "
ARTICLE 14. This law governs from the date of its enactment and repeals any provisions that are contrary to it. "
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
OSCAR GROVE PALACIO.
The Secretary General (E.) of the honourable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., as of July 23, 2008.
ALVARO URIBE VELEZ
The Minister of the Interior and Justice,
FABIO VALENCIA COSSIO.
