LEGISLATIVE DECREE INCORPORATING THE CRIME OF HARASSMENT, SEXUAL HARASSMENT, SEXUAL BLACKING AND DISSEMINATION OF IMAGES, AUDIOVISUAL MATERIALS OR AUDIO WITH SEXUAL CONTENT TO THE CRIMINAL CODE, AND MODIFIES THE SEXUAL HARASSMENT SANCTION PROCEDURE
Article 1. Purpose
The purpose of this Legislative Decree is to:
1. Punish acts of harassment, in all its forms, including sexual harassment and sexual blackmail; as well as the dissemination of images, audiovisual or audio material with sexual content, in order to guarantee an effective fight against the various forms of violence that mainly affect women throughout their life cycle.
2. Modify Law No. 27942, Law on Prevention and Sanction of Sexual Harassment, and Law No. 30057, Law on Civil Service, to clarify the concept of sexual harassment and optimize the procedure for sanctioning this type of act.
Article 2. Incorporation of articles 151-A, 154-B, 176-B and 176-C into the Penal Code
Incorporate articles 151-A, 154-B, 176-B and 176-C into the Penal Code, in the following terms:
"Article 151-A.- Harassment
He who, repeatedly, continuously or habitually, and by any means, watches over, persecutes, harasses, besieges or seeks to establish contact or closeness with a person without his consent, so that he may alter the normal development of his lifeOn a daily basis, he shall be punished with a custodial sentence of not less than one nor more than four years, disqualification, as appropriate, in accordance with paragraphs 10 and 11 of article 36, and with a sixty to one hundred and eighty-day fine.
The same penalty applies to those who, by any means, monitor, persecute, harass, besiege or seek to establish contact or closeness with a person without their consent, so as to alter the normal development of their daily life, even when the conduct had not been repeated, continuous or habitual.
The same penalty applies to those who carry out the same behaviors using the use of any information or communication technology.
The custodial sentence shall be not less than four nor greater than seven years, disqualification, as appropriate, in accordance with paragraphs 10 and 11 of article 36, and from two hundred eighty to three hundred sixty-five days-fine, if any of aggravating circumstances:
1. The victim is a minor, is an elderly person, is in a state of pregnancy or is a person with a disability.
2. The victim and the agent have or have had a couple relationship, are or have been cohabiting or spouses, have a blood relationship or by affinity.
3. The victim lives in the same address as the agent or they share common spaces on the same property.
4. The victim is in a condition of dependency or subordination with respect to the agent.
5. The conduct is carried out within the framework of an employment, educational or training relationship of the victim. ”
“Article 154-B.- Dissemination of images, audiovisual or audio material with sexual content
Anyone who, without authorization, disseminates, reveals, publishes, transfers or markets images, audiovisual materials or audio with sexual content of any person, obtained with their consent, will be punished with a custodial sentence of not less than two nor more than five years and with thirty to one hundred twenty days-fine.
The custodial sentence shall be not less than three nor greater than six years and from one hundred eighty to three hundred sixty-five days-fine, when any of the following circumstances occurs:
1. When the victim maintains or has maintained a relationship with the agent, they are or have been cohabiting or spouses.
2. When to materialize the event, use social networks or any other means that generates mass dissemination. ”
"Article 176-B.- Sexual harassment
Anyone who, in any way, watches over, persecutes, harasses, besieges, or seeks to establish contact or closeness with a person, without their consent, to carry out acts of sexual connotation, shall be punished with a custodial sentence of not less than three or more than five years and disqualification, as appropriate, in accordance with paragraphs 5, 9, 10 and 11 of article 36.
The same penalty is applied to those who carry out the same conduct using the use of any information or communication technology.
The custodial sentence shall be not less than four nor greater than eight years and disqualification, as appropriate, in accordance with paragraphs 5, 9, 10 and 11 of article 36, if any of the aggravating circumstances occurs:
1. The victim is an elderly person, is pregnant or is a person with a disability.
2. The victim and the agent have or have had a couple relationship, are or have been cohabiting or spouses, have a parental relationship up to the fourth degree of consanguinity or segof affinity.
3. The victim lives in the same address as the agent or they share common spaces on the same property.
4. The victim is in a condition of dependency or subordination with respect to the agent.
5. The conduct is carried out within the framework of an employment, educational or training relationship of the victim.
6. The victim is between fourteen and under eighteen years of age. ”
"Article 176-C.- Sexual blackmail
Anyone who threatens or intimidates a person, by any means, including the use of information or communication technologies, to obtain from them a conduct or act of sexual connotation, shall be punished with a custodial sentence of not less than two or more four years and disqualification, as appropriate, pursuant to subsections 5, 9, 10 and 11 of article 36.
The custodial sentence shall be not less than three nor greater than five years and disqualification, as appropriate, in accordance with paragraphs 5, 9, 10 and 11 of article 36, if for the execution of the crime the agent threatens the victim with the dissemination of images, audiovisual or audio material with sexual content in which it appears or participates. ”