Bill 50.

Summary.

The bill would amend Article 151 of the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). It retains the description of conduct by a person who, through violence, intimidation or a serious threat, and to obtain an improper financial gain or another benefit for themselves or a third party, compels someone to dispose of property, provide information, or tolerate, do or omit something that harms that person or a third party. It sets imprisonment of five to ten years for that conduct. The penalty would increase by one half when the offender uses a telephone, email or another electronic means of communication, and when the offense involves sexually intimate images, audio or videos.

The proposed Article 168-A would increase by one half the penalties for offenses against the inviolability of secrecy and the right to privacy. The increase would apply to the use of information and communication technologies to expose, distribute, disseminate, display, transmit, market, offer, exchange or share real or simulated images, audio or videos of a person's sexually intimate content without that person's consent, approval or authorization. The provision requires psychological or emotional harm, an effect on an aspect of the person's private life, or harm to their own image.

The proposed Article 168-B would penalize a person who receives, through those technologies, real or simulated sexually intimate images, audio or videos of a person without that person's consent, approval or authorization, and then disseminates them through the same means. The stated penalty is a fine or deprivation of liberty for three months to one year. This provision addresses a recipient who subsequently takes part in circulating the material through information and communication technologies.

Proposed Article 178-A would punish a person who harasses, persistently harasses or threatens another person through those technologies with imprisonment of two to four years and multidisciplinary therapeutic treatment. If the offender and victim have a hierarchical relationship arising from employment, teaching or domestic arrangements that entails subordination, the penalty would increase by one third. If the offender is a public official, the bill also provides for removal from office and disqualification from holding public office for a period equal to the custodial sentence imposed.

The bill identifies these amendments and additions as changes to Book Two of the Criminal Code of the Republic of Panama. It provides that the resulting law would take effect on the day following its promulgation. Its provisions concern the public authorities responsible for investigating and applying criminal law, public officials, people in subordinate employment, teaching or domestic relationships, and users of electronic communication services.