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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE N ° 260
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic, recognizes the human person as the origin and the end of the activity of the State, which is organized for the attainment
of justice, of legal certainty and of the common good.
II.-That by Legislative Decree N ° 1030, dated April 26, 1997,
published in the Official Journal No. 105, Volume No. 335 of June 10 of the same year, the Penal Code was issued.
III.-That at present, electronic instruments through which information is sent, received or saved, have been published. acquired a special relevance, both internationally and nationally, for the economic, political,
cultural development of the country; so it becomes a priority of the State, to protect this information, since by not protecting it It is an attempt against the confidentiality, integrity, security and availability of the data in general.
IV.-That this diversity of criminal activities that can be committed through the Information and Communication Technologies are not sufficiently regulated in our current penal legislation, generating a
impunity for those who commit these types of crimes; consequently, it is necessary to establish and establish sufficient mechanisms to facilitate their detection, investigation and punishment of these new types of crimes.
in use of its Constitutional powers and on the initiative of the Deputy Douglas Leonardo Mejia Aviles, from the Legislative Periods 2009-2012 and 2012-2015.
DECRETA, the following:
SPECIAL LAW AGAINST COMPUTER AND RELATED CRIMES
TITLE I GENERAL PROVISIONS
Object of Law
Art. 1.- This Law is intended to protect the legal assets of criminal acts committed through Information and Communication Technologies, as well as the prevention and punishment of crimes committed to the detriment of the the data stored, processed or transferred; the systems, their infrastructure or any of their components, or those committed by
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the use of such technologies that affect interests associated with identity, property, privacy and image of natural or legal persons in the terms applicable and provided for in this Law.
Scope of Application
Art. 2.- This Law shall apply to punishable acts committed in whole or in part in the national territory or in the places under its jurisdiction. It will also apply to any person, natural or legal, national or foreign, for crimes that affect legal goods of the State, of their
inhabitants or protected by International Acts or Treaties ratified by El Salvador.
In the same way, this Law will be applied if the execution of the event was initiated in territory
foreign and consumption in national territory or if they have been realized, using Information and Communication Technologies installed in the national territory and the person responsible has not been tried for the same fact by Courts or has evaded judgment or conviction.
Definitions
Art. 3.- For the purposes of this Law, it shall be understood as:
a) Computer Crime: the commission of this offence shall be considered, when the Information and Communication Technologies are used, having as their object the
the typical and anti-legal conduct for obtaining, handling or disrespecting information;
b) Protected Legal Good: it is the information that guarantees and protects the exercise of fundamental rights such as privacy, honor, sexual integrity, property, intellectual property, public security, among others;
c) Data Computer: is any representation of facts, information or concepts in a digital format or analogs, that can be stored, processed or transmitted
in a computer system, whatever its location, as well as the features and specifications that allow you to describe, identify, discover, value and manage data;
d) Media Data Storage: it is any device from which the information is capable of being read, recorded, reproduced or transmitted with or without
the aid of any other suitable means;
e) Computer System: is an element or group of interconnected or
related elements, being able to be electronic, software, communication links or technology that will replace them in the future, oriented to the processing and administration of data and information;
f) Electronic communication: it is all data transmission, the content of which can consist of audio, text, images, videos, alphanumeric characters, signs, graphics of different type or any other form of equivalent expression, between a
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sender and recipient through a computer system and others related to Information and Communication Technologies;
g) Device: is any mechanism, instrument, apparatus, medium that is used or can be used to execute any Information Technology function and the
Communication;
h) Intercept: is the action of appropriate, interrupt, listen, or write computer data
contained or transmitted in any computing media before reaching its destination;
i) Informatic Program: is the routine or sequence of instructions in a computer language
determined to be runs on a computer system, which may be a computer, server or any device, for the purpose of processing and communicating the computer data;
j) Service Provider: is the natural person or legal offering one or more information or communication services through systems computer, processing, or
data storage;
k) Informatic data traffic: are those that are transmitted by any technological means, being able to show the origin, destination, route, time, date, size, duration of
communication, among others;
l) Information and Communication Technologies: is the set of technologies that
enable processing, data communication, recording, presentation, creation, administration, modification, handling, movement, control, visualization, distribution, exchange, Automatic transmission or reception of information, in voice,
images and data contained in signals of an acoustic, optical or electromagnetic nature, among others;
m) Personal data: it is the private information concerning a person, identified or identifiable, relating to their nationality, address, estate, electronic address, telephone number or other similar;
n) Sensitive Personal Data: are those corresponding to a person as regards the creed, religion, ethnic origin, affiliation or political ideologies, union membership, preferences
sexual, physical and mental health, moral, family and other intimate information of a similar nature or that may affect the right to honor, to the image itself, to personal and family intimacy;
o) Material Girls, Children and Adolescents pornographic: it is all auditory or visual representation, whether in image or video, adopting a sexually
explicit, real or simulated behavior of a person who appears to be a child, child or adolescent adopting such behaviour. Also considered to be pornographic material, realistic images representing a girl, child or teenager adopting sexually explicit behaviour or the actual or simulated images of the parties
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genitals or nudes of a child, child or adolescent for sexual purposes;
p) Card Smart: is the device that allows for the execution of a program to obtain goods, services, properties or information; and,
q) Social networks: it is the virtual structure or community that makes use of technological and communication to access, establish and maintain some type of link or relationship, through the exchange of information.
TITLE II OF CRIMES
CHAPTER I OF CRIMES AGAINST INFORMATION TECHNOLOGY SYSTEMS
Access Indue to Computer Systems
Art. 4.- The person who intentionally and without authorization or by exceeding that which has been granted, accesses, intercepts or partially or totally uses a computer system that uses the Information or Communication Technologies, will be sanctioned with One-to four-year prison.
Indue Access to Programs or Information Data
Art. 5.- He who knowingly and with the intention of using any device of the Information Technology or the Communication, partially or totally accessed any program or the data stored in it, with the purpose of appropriating them or commit another crime with these, it will be
sanctioned with imprisonment of two to four years.
Interference of the Computer System
Art. 6.- He who intentionally and by any means interferes or alters the operation of a computer system, temporarily or permanently, will be punished with imprisonment of three to five
years. Interference or alteration shall be considered to be aggravated, if this recesses in programs or systems
public computing or in computer systems intended for the provision of health services, of
communications, of provision and transport of energy, means of transport or other public service, or intended for the provision of financial services, the prison sentence shall be three to six years.
Damage to Computer Systems
Art. 7.- The one that destroys, damages, modifies, executes a program or performs any act that alters
the operation or partial or totally disable a computer system that uses the Information and Communication Technologies any of the components that make up them, will be punished with imprisonment of three to five years.
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If the offence provided for in this article is committed in a wrongful manner, by recklessness, negligence, impermising or non-compliance with the established rules, will be sanctioned with imprisonment of one
to three years.
If the offence provided for in this article is committed against any of the
components of a IT system using the Information and Communication Technologies, which they are intended for the provision of public or financial services, or which contain personal, confidential, reserved, patrimonial, technical or legal information of natural or legal persons, the penalty
of imprisonment shall be three to six years.
Possession of Equipment or Services for Security Vulation
Art. 8.- The use of the Information and Communication Technologies to produce, produce, facilitate, sell equipment, devices, software, passwords or access codes; with the
purpose to violate, to remove illegitimately the security of any computer system, offer or provide services to fulfill the same purposes for committing any of the crimes set forth in this Law, will be punished with imprisonment of three to five years.
System Security
Art. 9.- The person who does not have the corresponding authorization transgresses the security of
a restricted or protected computer system with specific security mechanism, will be punished with imprisonment of three to six years.
sanction will incur who will induce a third party to unintentionally, execute a program, message, instructions or sequences to violate security measures.
No penalty will be imposed by anyone who executes the conduct described in the Art. 8 and 9, first paragraph of this Law, when with the authorization of the person empowered perform actions in order to conduct technical tests or audits of the operation of equipment, processes or programs.
CHAPTER II OF COMPUTER CRIMES
Computer Technology
Art. 10.- The person who manipulates or influences the income, processing or result of the data of a system that uses the Information and Communication Technologies, either through the use of false or incomplete data, the misuse of data or programming, using some operation
IT or technological artifice or any other action that incites the processing of the data of the system or that results in false, incomplete or fraudulent information, with which If you obtain an improper property benefit for yourself or for another, you will be punished with two to five
years.
A prison of five to eight years will be sanctioned if the conduct described in the previous paragraph is committed under the following quotes:
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a) To the detriment of State properties;
b) Against banking systems and entities financial; and,
c) When the author is an employee responsible for administering, supporting the system, network
computer, telematics or that in reason of their functions has access to said system, network, electronic containers, optical or
Informatic Fraud
Art. 11.- The use of Information Technologies and the
Communication, using any manipulation in computer systems or any of its components, computer data or information in them contained, to insert false or fraudulent instructions that produce a result that will allow you to obtain a benefit for you or for a third party
to the detriment of others, will be punished with imprisonment of three to six years.
Espionage Computer
Art. 12.- For the purpose of obtaining data, confidential or confidential information contained in a system using the Information and Communication Technologies or any of its components, it shall be punishable by imprisonment of five to eight years.
If any of the conduct described in the previous paragraph is committed in order to obtain benefit for itself or for another, the security of the State, the reliability of the operation
of the institutions shall be put in danger affected, will result in some damage to natural or legal persons as a result of the Disclosure of the confidential, confidential or subject to bank secrecy information, the penalty will be six to ten years in prison.
News Media Hurt
Art. 13.- He who, by means of the use of Information and Communication Technologies, takes over tangible or intangible assets or assets of a personal or patrimonial nature, subtracting them to their owner, holder or holder, in order to
will be sanctioned with imprisonment of two to five years.
Service Denial Techniques
Art. 14.- That intentionally, using the techniques of denial of service or equivalent practices that affect users who have membership in the affected system or network,
makes it impossible to obtain the service, will be Three-to five-year prison sentences.
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CHAPTER III RELATED COMPUTER CRIMES
WITH THE CONTENT OF THE DATA
Records Handling
Art. 15.- The Administrators of the Technology Platforms of public or private institutions, which disable, alter, hide, destroy, or otherwise inuse in any or all information, data
content in an access record, use
if the conduct described in the previous paragraph favors the commission of another offense, the penalty will be aggravated by up to one third of the maximum indicated.
Fraudulent manipulation of Smart Cards or Similar Instruments
Art. 16.- That intentionally and without proper authorization by any means create, capture,
record, copy, alter, duplicate, clone, or delete computer data contained in a smart card or any instrument intended for use for the same purposes; in order to incorporate, modify users, accounts, records, unrecognized consumption, the current configuration of these or the data in the system, will be punished with imprisonment of five to eight years.
In the same sentence incurs who, without taking part in the above facts, acquires, markets, owns, distribute, sell, perform any type of smart card intermediation
or instruments intended for the same purpose or computer data contained in them or on a system.
Obtaining Goods or Services Misuse Means of Smart Cards or Media
Similar
Art. 17.- That without authorization use an alien smart card or instrument intended for
the same purposes, misuse Information and Communication Technologies for obtaining any good or service, any type of payment without erogar or assume any obligation for the consideration obtained, will be punished with imprisonment of three to eight years.
Provision of Goods or Services
Art. 18.- Without justification, by means of a computer system, use smart cards or similar instruments intended for the same purposes, the validity of which has expired or has been revoked by the institution which issued it, or which has been obtained in order to supplant the identity contained in
such smart cards, will be punished with imprisonment of five to eight years.
The one that falsifies or alters the data of the smart cards or similar instruments, with the end
of providing to whom present, money, goods or services, or any other object of economic value, the penalty will increase to a third of the maximum penalty provided in the previous paragraph.
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Alteration, Damage to Integrity and Availability of Data
Art. 19.- The fact that in violation of the security of a computer system it destroys, alters, duplicates, inuses or damages the information, data or processes, in terms of its integrity, availability and confidentiality in any of its income states, Processing, transmission or storage,
will be sanctioned with imprisonment of three to six years.
Data Interference
Art. 20.- The one who interferes, obstructs or interrupts the legitimate use of data or produces harmful and ineffective data, to alter or destroy the data of a third party, will be punished with imprisonment of three to six
years.
If any of the behaviors described in the preceding paragraph are based on data, documents,
public computer programs or systems, or on data intended for the provision of health services, communications, banking systems, financial institutions, provision and transport of energy, means of transport or other public service, the penalty of imprisonment shall be five to eight years.
Interceptation of Trasmissions between Systems of Information Technologies and Communication
Art. 21.- The person who without justification intercepts by technological means any transmission to, from or within a computer system that is not available to the public; or the electromagnetic emissions that are carrying data of a system computer, will be sanctioned with
seven to ten years imprisonment.
Identity Hurt
Art. 22.- He who will supplant or take over the identity of a natural or legal person by means of Information and Communication Technologies, will be punished with imprisonment of three to five
years.
If with the conduct described in the above paragraph it damages, extorts, defraud, injures or threatens
another person to cause injury or obtain benefits for himself or for third parties and the proxy falls on data personal, confidential or sensitive in the Law on Access to Public Information, will be punished with imprisonment of five to eight years.
Unauthorized Disclosure
Art. 23.- The person who without authorization gives a code, access password or any other means of accessing a program or data stored on a computer or technological device, in order to profit himself, to a third party or to commit a crime, will be punished with imprisonment of five to eight
years.
The same sanction will have the one that without authorization reveals or disseminates the data or information, contained in a computer system that uses the Technologies of Information and Communication or in any one
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of its components, in order to obtain some kind of benefit for itself or for another.
If any of the conduct described in the above incisals endanger the security of the State, the reliability of the operation of the institutions concerned or will result in damage to natural or legal persons, such as consequence of the disclosure of the information of character
reserved, will be sanctioned with a prison of six to twelve years.
Using Personal Data
Art. 24.-Which without authorization uses personal data through the use of Information and Communication Technologies, violating systems of confidentiality and data security, inserting
or modifying data to the detriment of a third, will be punished with imprisonment of four to six years.
The penalty will increase by up to a third of the maximum penalty provided in the paragraph
above to whom you provide or disclose to another, information recorded in a file or on a personal data bank whose secrecy it is obliged to preserve.
Obtaining and Transfer of Confidential Character Information
Art. 25.- The person who deliberately obtains and transfers information of a confidential nature and who through the use of that information violates a computer or computer data based on any
information technology class and the Communication, including electromagnetic emissions, will be sanctioned with imprisonment of five to eight years.
Unfair Data Disclosure or Personal Information
Art. 26.- That without the consent of the holder of the private and personal information
disclose, broadcast or cede in whole or in part, such information or data as referred to in this article, be it in images, video, text, audio or other, obtained by any of the means indicated in the preceding articles, will be punished with imprisonment of three to five years.
If any of the conduct described in the previous paragraph, have been made in the spirit of profit, commission of another offence or explicit sexual material is spread to the detriment of a third party, it shall be
with imprisonment of four to eight years.
The maximum penalty limit of the previous subparagraph shall be imposed, increased up to a third,
if any of the conduct described in the first paragraph of this Article, falls on sensitive or sensitive personal data defined in the Law on Access to Public Information.
Harassment through Information and Communication Technologies
Art. 27.- The person who conducts unwanted sexual conduct by whom he receives it, involving phrases, signs
or other unequivocal conduct of nature or sexual content, through the use of Information and Communication Technologies, shall be Sentenced to four to six years in prison.
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CHAPTER IV COMPUTER CRIMES AGAINST GIRLS, BOYS AND
TEENS OR PERSONS WITH DISABILITIES
Pornography through the Use of Information Technologies and Communication
Art. 28.- He who, by any means involving the use of Information and Communication Technologies, manufactures, transfers, disseminates, distributes, rent, sells, offers, produces, executes,
exhibits or displays pornographic material, sexual between girls, children and adolescents or persons with disabilities, will be punished with imprisonment of four to eight years.
Who does not notice in a visible way the content of the pornographic or sexual material transmitted through the use of the Information and Communication Technologies, not suitable for girls, boys, adolescents or people with disability, will be sentenced to three to five years imprisonment.
Use of Girls, Children, Adolescents or Persons with Disabilities in Pornography through the Use of Information and Communication Technologies
Art. 29.- That by any means involving the use of the Information and Communication Technologies, produces, reproduce, distributes, publishes, imports, exports, offers, finances, sells, trades or spreads in any form, images, videos or exhibit on sexual, erotic or
unequivocal sexual, explicit or non-real or simulated nature, or use the voice of girls, children, adolescents or persons with disabilities, will be punished with imprisonment of eight to twelve years.
Equal punishment will be imposed on those through Information Technologies and the Communication organize or participate in public or private shows, in which the persons mentioned in the previous paragraph are involved, in pornographic or erotic actions.
Acquisition or Possession of Pornographic Material of Girls, Children, Adolescents or Persons with Disabilities through the Use of Information and Communication Technologies
Art. 30.- The one who acquires for himself or for a third party through any means involving the use of Information and Communication Technologies, or possesses pornographic material in which
a child, child, adolescent or child has been used person with disabilities or his/her image for production, will be punished with imprisonment of two to five years.
Same sanction will apply to the one who owns in devices of data storage of computer data or through any means that involves the use of Information and Communication Technologies, pornographic material in which the information is available used a child, child, teenager or person with disabilities
or their image for production.
Corruption of Girls, Children, Adolescents or Persons with Disabilities through Use of
Information and Communication
Art. 31.- To maintain, promote or facilitate the corruption of a child, child, adolescent or person with disabilities for erotic, pornographic or obscene purposes, through the Technologies of
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Information and Communication, although the child, child, teenager, or person with
same sanction will be imposed on those who make implicit or explicit proposals to hold sexual or erotic encounters, or for the production of pornography to through the use of
Information and Communication Technologies for each other or for groups, with a child, child, teenager, or person with disabilities.
Harassment of Girls, Children and Adolescents or Persons with Disabilities through the Use of Information and Communication Technologies
Art. 32.- Whoever acts, harassing, humiliates, insults, denigrates, denigrates, or other conduct affecting the normal development of the personality, threatens psychological or emotional stability, puts at risk the life or physical security, of a child, child, Adolescent or person with disabilities, through the use
of the Information or Communication Technologies, will be punished with imprisonment of two to four years.
The penalty will be aggravated with imprisonment of four to eight years, for whom I realized conduct involving
phrases, signs or other unambiguous action of nature or sexual content against a child, child, teenager, or person with disabilities, through the use of Information and Communication Technologies.
Common Burdensome Conditions
Art. 33.- The offences referred to in this Chapter shall be punishable by the maximum penalty, increased by up to one third of the maximum penalty established and the
disabling the exercise of their profession during the the time of the sentence, if any of the actions described were carried out by:
a) Ascending, descendants, siblings, adopters, adoptees, spouses, survivors and relatives up to the fourth degree of consanguinity and second of affinity;
b) Officials, public and municipal employees, public authority, and agent of authority;
c) The person in charge of the protection, protection or surveillance of the victim; and,
d) Everyone who prevalies the superiority arising from relationships of trust, domestic, educational, work or any other relationship.
CHAPTER V
CRIME AGAINST ECONOMIC ORDER
Impersonation in Marketing Acts
Art. 34.- He who without authorization and in the name of a third party, through the use of Information and Communication Technologies, sells or commercializes goods or services, supplanting the identity
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of the authorized producer, supplier, or distributor, will be punished with three to five years.
The conduct described in the foregoing paragraph shall be aggravated by imprisonment of four to six years, when the sale or marketing is of medicinal products, supplements or foodstuffs, beverages or any product of human consumption.
TITLE III
FINAL PROVISIONS
Other Responsibilities
Art. 35.- The penalties provided for in this Law shall be applicable without prejudice to other
criminal, civil or administrative responsibilities incurred.
For the deduction of civil liability, the provisions of this Law shall apply. in applicable regulations.
Vigency
Art. 36.- This Decree shall enter into force eight days after its publication in the Official Journal
.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, four days of the month
February of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA,
PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,
FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,
THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO,
FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA,
FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,
THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
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ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, at twenty-six days of the month of February of the year two thousand
sixteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Mauricio Ernesto Ramírez Landaverde, Minister of Justice and Public Security.
D. O. N ° 40 Tomo N ° 410
Date: February 26, 2016
SV/ielp 30-03-2016
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