Special Law Against Computer And Related Crimes.

Original Language Title: LEY ESPECIAL CONTRA LOS DELITOS INFORMÁTICOS Y CONEXOS.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-contra-los-delitos-informaticos-y-conexos/archivo_documento_legislativo



1. Decree No. 260, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the Constitution of the Republic, recognizes the human person as the origin and purpose of the activity of the State, which is organized for the attainment of Justice, the legal security and the common good.
II. that by means of Legislative Decree N ° 1030, dated 26 April 1997, published in the official journal N ° 105, volume N ° 335, 10 June of the same year, was issued the criminal code.
III.-that nowadays, electronic instruments through which it sends, receives or protects information, have acquired a special importance, both internationally and nationally, for the economic, political, social and cultural development of the country; what it becomes a priority of the State, we protect such information, as to not protect it is violates the confidentiality, integrity, security and availability of data in general.
IV.-that this diversity of criminal activities that may be committed through the technologies of information and communication, are not sufficiently regulated in our criminal laws, generating impunity for those who commit these types of crimes; as a result, its standardization and the adoption of adequate mechanisms is necessary to facilitate the detection, investigation and punishment of these new types of crimes.
Therefore, in use of his constitutional powers and at the initiative of the Deputy Douglas Leonardo Mejia Aviles, of the legislative period 2009-2012 and 2012-2015.
DECREES the following: special law against LOS crimes computer and related title I provisions General object the law article 1.-the present law aims to protect legal assets of those criminal offences committed by means of the information technologies and communication, as well as the prevention and punishment of offences committed to the detriment of the stored data processed or transferred; systems, their infrastructure or any of its components, or those committed by 2 the use of these technologies affecting interests associated with identity, property, privacy and image of natural or legal persons under the terms of applicable and provided in this law.
Scope article 2.-the present law shall apply to punishable acts committed totally or partially in the national territory or in places under its jurisdiction. Shall also apply to any person, natural or legal, national or foreign, for crimes that affect legal property of the State, its inhabitants or protected by covenants or international treaties ratified by El Salvador.
Similarly, the present law shall be applied if the execution of the fact, originated in foreign territory and consummated in the national territory or if they have been installed in the national territory and is responsible for information technology and communication has not been tried for the same by foreign courts or has evaded prosecution or conviction.
Definitions article 3.-for the purposes of this Act, means: to) computer crime: the Commission of this offence, shall be considered when making use of the technologies of information and communication, taking aim the realization of typical and illegal conduct for obtaining, handling, or prejudice to the information;
b) well legal protected: is the information that guarantee and protect the exercise of fundamental rights such as privacy, honour, sexual integrity, property, intellectual property, public safety, among others.
(c) computer data: is any representation of facts, information or concepts in an analog, or digital format that can be stored, processed or transmitted to a computer system, what ever your location, as well as features and specifications enabling to describe, identify, discover, assess and manage data;
(d) computer data storage medium: is any device from which the information is able to be read, recorded, reproduced or transmitted with or without the help of any other suitable means;
e) information system: is an element or group of elements interconnected or related, which may be electronic, software, links to communication or technology that, in the future, replace them, focused on the treatment and management of data and information;
f) electronic communication: is any transfer of computer data, whose content may consist of audio, text, images, videos, alphanumeric characters, signs, graphics of various kinds or any other form of expression equivalent, between a 3 sender and a recipient through a computer system and other related to the technologies of information and communication;
(g) device: is any mechanism, instrument, appliance, which is used or can be used to execute any function of the information technology and communication;
(h) intercept: is the action appropriate, interrupt, listen and record computer data contained or transmitted in any medium information technology before arriving at its destination;
(i) computer program: a routine or sequence of instructions in a particular computer language that runs on a computer system, and may be a computer, server or any device, with the purpose of carrying out the processing and communication of computer data;
j) service provider: is the natural or legal person who provides one or more services of information or communication by means of computer systems, processing or storage of data;
(k) computer data traffic: are those that are transmitted by any technological means, and may show the origin, destination, route, time, date, size, duration, among others.
(l) information and communication technologies: is the set of technologies that allow treatment, data communication, registration, presentation, creation, administration, modification, management, movement, control, display, distribution, Exchange, transmission or receipt of information automatically, of voice, images and data contained in signs of nature acoustic, optical, or electromagnetic, among others.
(m) personal data: is the private information concerning a person, identified or identifiable, relating to his nationality, domicile, heritage, e-mail address, telephone number or other similar;
n) sensitive personal data: are those which correspond to a person in relation to the creed, religion, ethnic origin, affiliation or political ideologies, trade union membership, sexual preferences, physical and mental health, moral, family situation and other private information of a similar nature or which may affect the right to honour, personal image, personal and family privacy;
or) pornographic Material of children and adolescents: is any representation of auditory or visual, either image or video, adopting a sexually explicit, real or simulated behavior of a person that pretends to be a girl, child or teenager by adopting such behavior. Also shall be considered pornographic material, realistic images representing a, child or adolescent taking sexually explicit conduct or real or simulated images of the Parties 4 genitals or bare, a child or adolescent sexual purposes;
p) smart card: is the device that allows the execution of a program obtaining goods, services, property or information; and, q) social networks: is the structure or virtual community that makes use of technological means and communication access, establish and maintain any link or relationship, through the exchange of information.
Title II of the crimes chapter I LOS crimes against LOS systems technological information access abuse to systems computer article 4.-which intentionally and without authorization or exceeding which it has granted, access, intercept or use partially or totally a computer system that uses the technologies of information or communication, shall be sentenced to imprisonment of one to four years.
Access to programs or computer data article 5.-which knowingly and with the intention of using any device the information technology or communication, agreed partially or completely to any program or data stored in it, in order to seize them or committing another crime with these, shall be punished with imprisonment from two to four years.
Interference of the system computer article 6.-which intentionally and by any means to interfere or alter the operation of a computer system, temporarily or permanently, it will be punished with imprisonment of three to five years. Shall be deemed aggravated interference or disturbance, if it is on the shoulders of public computer systems or programs or in computer systems intended for the delivery of health services, communications, supply and transportation of energy, means of transport or other public service, intended for the provision of financial services, the sanction of imprisonment shall be from three to six years.
Damage to computer systems

Article 7.-which destroy, damage, modify, execute a program or perform any acts that alter the function or disable partial or totally a computer system that uses the technologies of information and communication or any of the components that comprise them, shall be punished by imprisonment from three to five years.

5. If the offence provided for in this article are committed in a negligent way, by imprudence, negligence, incompetence or failure to comply with the rules laid down, it shall be punished by imprisonment from one to three years.
If the offence provided for in this article is committed against any of the components of a computer system using the information technologies and communication, which are intended for the provision of public or financial services, or that contain personal, confidential information reserved, heritage, technical, or of natural or legal persons, the penalty of prison will be three to six years.
Possession of equipment or rendering of services, for the violation of the security article 8.-which using the technologies of the information and communication possess, produce, provide, sell appliances, devices, software, passwords or access codes; with the purpose of violating, unlawfully removing the security of any computer system, offering or providing services designed to fulfill the same purpose to commit any of the offences established under this law, it shall be punished by imprisonment from three to five years.
Violation of the security of the system article 9.-the person that without proper authorization, it violates the security of a computer system restricted or protected with specific security mechanism, will be punished with imprisonment of three to six years.
Same penalty incurred who induce a third party so involuntarily, it runs a program, message, instructions or sequences to violate security measures.
You will not incur any sanctions who run the acts described in the Arts. 8 and 9 first paragraph of the present law, when authorized by the person empowered actions are carried out in order to conduct technical tests or audits of operation of equipment, processes or programs.
Chapter II of the crime computer scam computer article 10.-which manipulate or influence income, processing or outcome of the data on a system that uses the technologies of information and communication, either through the use of false or incomplete data misuse of data or programming, using any computer operation or technological artifice or by any other action that affects the processing of data in the system or give like result false, incomplete or fraudulent information with which procure or obtain an improper equity benefit for himself or for another, shall be punished with imprisonment from two to five years.
Shall be punished with imprisonment from five to eight years, if the acts described in the preceding paragraph is committed under the following budgets: 6) to the detriment of the State properties;
(b) against banking systems and financial institutions; and, c) when the perpetrator is an employee responsible for managing, to support the system, computer network, telematics or who, owing to their duties have access to such a system, network, electronic, optical or magnetic containers.
Fraud computer article 11.-that through misuse of the information technologies and communication, using any manipulation in computer systems or any of its components, computer data or information therein contained, get to insert false or fraudulent instructions that produce a result allowing to obtain a benefit for himself or for a third party non-detriment It will be punished with imprisonment of three to six years.
Computer espionage article 12.-which misused to obtain data, reserved or confidential information contained in a system that uses the technologies of information and communication or any of its components, shall be punished with imprisonment from five to eight years.
If any of the acts described in the preceding paragraph is committed in order to obtain a benefit for himself or for another, be it endangers the security of the State, the reliability of the operation of the institutions concerned, found some damage to natural or legal persons as a result of the revelation of the information quiet, confidential or subject to banking secrecy the penalty will be six to ten years in prison.
Theft by media computer article 13.-that through the use of the technologies of information and communication, taking over of goods or tangible or intangible values of personal or patrimonial, removing from its owner, holder or possessor, in order to obtain an economic advantage for Yes or other, will be punished with imprisonment from two to five years.
Techniques of denial of service article 14.-which intentionally, using the techniques of denial of service or equivalent practices which affect users who have membership in the system or network affected, unable to obtain the service, he shall be punished by imprisonment from three to five years.

7 Chapter III crimes computer related with the content of LOS data handling of records Art. 15.-the administrators of the platforms technological of public or private institutions that disable, alter, conceal, destroy, or disable in whole or in part any information, information contained in a record of access, use of the components of these, it will be punished with imprisonment from five to eight years.
If the acts described in the preceding paragraph, favorecieren the Commission of another offence, the penalty will worsen even in one-third of the designated maximum.
Fraudulent manipulation of smart cards or instruments similar article 16.-which intentionally and without authorization by any means think, capture, record, copy, alter, duplicate, clone, or delete computer data contained in a smart card or any instrument for the same purposes; in order to incorporate, modify users, accounts, records, unrecognized consumption, the current configuration or the data in the system, will be punished with imprisonment from five to eight years.
The same penalty shall be guilty who, without having taken part in the previous facts acquires market, possess, distribute, sell, make any intermediation of smart cards or instruments designed for the same purpose and computer data contained in them or a system.
Obtaining improper goods or services through smart cards or means similar article 17.-that unauthorized use an external smart card or instrument for the same purposes, improperly use the technologies of information and communication for the obtaining of any good or service, perform any type of payment without make or assume any obligation for the consideration obtained It will be punished with imprisonment from three to eight years.
Undue provision of goods or services, article 18.-who, without justification, through a computer system using smart cards or similar instruments to the same ends, whose validity has expired or has been revoked by the institution that issued it, or that has been obtained in order to supplant the identity contained in the smart card, shall be punished with imprisonment from five to eight years.
That falsifies or alters data smart cards or similar instruments, in order to provide to the present, money, goods or services, or any other object of economic value, the penalty will increase up to one-third of the maximum penalty provided for in the preceding paragraph.

8 alteration, damage to the integrity and availability of the data article 19.-which violate the security of a computer system destroy, alter, duplicate, disable or damage the information, data, or processes, their integrity, availability and confidentiality in any of its statements of income, processing, transmission, or storage, it shall be punished by imprisonment from three to six years.
Interference of data article 20.-which interfere, obstruct or interrupt the lawful use of data or produce them harmful and ineffective, to alter or destroy data from a third party, he shall be punished by imprisonment from three to six years.
If any of the acts described in the preceding paragraph falls on data, documents, programs, or computer systems public or data intended for the provision of health services, communications, banking systems, financial institutions, provision and transmission of energy, means of transport or other public service, the punishment of imprisonment will be from five to eight years.
Interception of transmissions between the technologies of information systems and communication article 21.-the person that without justification it intercepts by technological means any transmission to, from or within a computer system that is not available to the public; or electromagnetic emissions that are taking data in a computer system, shall be punished with imprisonment from seven to ten years.
Theft of identity

Article 22.-the fact that suplantare or apoderare of the identity of a natural or legal person by means of information technologies and communication, shall be punished by imprisonment from three to five years.
If conduct described in the preceding paragraph is damaged, extorting, disappoint, insult, or threatens another person to cause harm or benefit for oneself or for third parties and the authorities rests on personal data, confidential or sensitive defined in the law on access to public information, it shall be punishable by imprisonment for five to eight years.
Disclosure not authorized article 23.-that without permission to know a code, password, or any other means of access to a program or data stored in a computer or technological device, in order to make a profit, to a third party or to commit a crime, he shall be punished with imprisonment from five to eight years.
Same sanction will be without authorization disclose or disseminate data or information, contained in a computer system that uses the technologies of information and communication or any 9 of its components, in order to obtain some kind of benefit for himself or for another.
If any of the acts described in the preceding subparagraphs Mexican endangered the security of the State, the reliability of the operation of the institutions concerned or it proves damage to natural or legal persons as a result of disclosure of restricted information, shall be punished with imprisonment from six to twelve years.
Use of personal data article 24.-that unauthorized use of personal information through the use of the information technologies and communication, violating confidentiality and data security systems, inserting or modifying data to the detriment of a third party, he shall be punished with imprisonment from four to six years.
Sanction will increase up to one-third of the maximum penalty provided for in the preceding paragraph who provide or disclose other information recorded in a file or in a personal database whose secret is obliged to preserve.
Collection and transfer of information of character confidential article 25 which deliberately obtain and transfer confidential information, and that through the use of that information violates a system or computer data based on any kind of information technologies and communication, including electromagnetic emissions, shall be punished with imprisonment from five to eight years.
Improper disclosure of data or information of character personnel article 26.-that without the consent of the holder of information of a private nature and personal disclosure, spread or transferring in whole or in part, such information or data referred to in this article, are these in images, video, text, audio or others, obtained by any of the means referred to in the preceding articles It will be punished with imprisonment of three to five years.
If any of the acts described in the preceding paragraph, would have made for profit, the Commission of another offence or disseminate sexually explicit material to the detriment of a third party, he shall be punished with imprisonment from four to eight years.
The maximum penalty of the subsection above, increased to a third party, if any of the acts described in the first paragraph of this article, personal data is confidential or sensitive defined in the law on access to public information will be imposed.
Harassment through information technologies and the communication article 27.-which perform unwanted sexual conduct by who receives it, that involves phrases, signs or other unequivocal conduct of a nature or sexual content, through the use of the information technologies and communication, shall be punished with imprisonment from four to six years.

10 chapter IV crimes computer against girls, children and ADOLESCENTS or persons with disability pornography through the use of information and the communication art. 28.-which by any means which involves the use of the technologies of information and communication technologies manufacture transferred, spread, distribute, rent, sell, offer, produce, run, display or display pornographic material sexual girls children and teenagers, or people with disabilities, shall be punished with imprisonment from four to eight years.
Who does not note visible content of pornographic or sexual material which is transmitted through the use of the technologies of information and communication, not suitable for girls, children, adolescents, or people with disabilities, shall be punished by imprisonment from three to five years.
Use of girls, children, adolescents or people with disabilities in pornography through the use of the information technologies and the communication article 29.-which by any means which involves the use of the technologies of information and communication produces, play, distribute, publish, import, export, offer, finance, sell, trade or spread of any form, images, videos or display in sexual activities erotic or unambiguous sexual nature, explicit or not, real or simulated, or use the voice of girls, adolescents, children or people with disabilities, it will be punished with imprisonment from eight to twelve years.
Same shall be imposed to who by means of information technologies and communication, organize or participate in public or private performances in which is made to participate to persons specified in the preceding paragraph, in pornographic or erotic actions.
Acquisition or possession of pornographic Material of girls, children, adolescents, or people with disabilities through the use of the information technologies and the communication article 30.-which acquires for himself or for a third party through any means that involves the use of the technologies of information and communication, or possess pornographic material which has been used to a girl child, teenager or person with disability or its image for its production, shall be punished with imprisonment from two to five years.
Same penalty shall apply to which holds computer data storage devices or through any means that involves the use of the information technologies and communication, pornographic material in which used to a girl, child, teenager or person with disability or its image for its production.
Corruption of girls, children, adolescents or people with disabilities through the use of the information technologies and the communication article 31.-which hold, promotes or facilitates the corruption of a child, child, teenager or person with disability purposes erotic, pornographic or obscene, through 11 technologies information and communication, although the girl , child, teenager, or person with a disability consents it, he shall be punished with imprisonment from eight to twelve years.
Same penalty will be imposed to who make explicit or implicit proposals to hold meetings of a sexual or erotic nature or for the production of pornography through the use of the information technologies and communication for Yes, overnight or for groups, with a girl, child, teenager or person with a disability.
Harassment to girls, children and adolescents, or people with disabilities through the use of the information technologies and the communication article 32.-who torment, bait, humiliate, insult, denigrate, or another type of behavior that affects the normal development of the personality, threatens the psychological or emotional stability, put at risk the life or physical safety, a child girl, teen, or person with a disability, through the use of the technologies of information or communication, shall be punished with imprisonment from two to four years.
The penalty will be aggravated with imprisonment from four to eight years, for those who do conduct involving phrases, signs or other unambiguous action of nature or sexual content against a girl, child, teenager or person with a disability, through the use of the technologies of information and communication.
Conditions aggravated common article 33.-the crimes referred to in this chapter, shall be punished with the maximum punishment, increased by up to one third of the established maximum of the penalty and the disqualification from the exercise of his profession during the time that last sentence, if any of the above actions was made by: a) ascendants, descendants, siblings, adoptive parents, adopted spouse, cohabitant and relatives up to the fourth degree of consanguinity and second of affinity;
(b) officials, public and municipal employees, agent and public authority of authority;
(c) the person responsible for the custody, protection or surveillance of the victim; and, (d) any person who prevaliendo superiority originated by trusts, domestic, educational, labour or any other relationship.
Chapter V crime against the order economic impersonation in acts of marketing article 34.-which without authorization and on behalf of a third party, through the use of the information technologies and communication, sell or market goods or services, replacing the 12 identity of the producer, supplier or dealer, it shall be punished by imprisonment from three to five years.

The conduct described in the preceding paragraph will get worse with imprisonment from four to six years, sale or marketing case of medications, supplements, or food products, beverages or any product for human consumption.
Title III provisions late other responsibilities article 35.-the sanctions provided for in this law, shall apply without prejudice to other criminal, civil or administrative responsibilities incurred.
For the deduction of the civil liability it will be provisions in the legislation.
Article 36.-the force this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the four days of the month of February two thousand and sixteen year.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN ORANTES RODRIGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM 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.

13 ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, the twenty-sixth day of February in the year two thousand and sixteen.
Publish, Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and public security.
D. O. N ° 40 volume N ° 410 date: February 26, 2016 SV/ielp 30-03-2016 legislative index