Summary.
The draft bill adds Article 179-A to Chapter I of Title III of Book Two of the Criminal Code (Código Penal). The proposed provision would punish anyone who intentionally exposes their genitalia or performs sexual acts in a public place or a place accessible to the public, with a lascivious purpose or to satisfy their own or another person’s sexual desires. The offense as described combines the stated purpose, the intentional nature of the act and the place where it occurs. It covers both exposure of genitalia and sexual acts under those conditions.
For this conduct, proposed Article 179-A sets a prison term of one to two years or its equivalent in day-fines or weekend arrest. It also sets an increased prison term of two to four years when the act is committed in educational centers, sports facilities, hospitals, churches or public transportation. The provision expressly lists those places as grounds for the increased penalty. It therefore distinguishes the penalty for conduct in public places or places accessible to the public generally from the penalty for conduct in the listed facilities and means of transportation.
The same article provides that, if the conduct occurs in the presence of minors, the penalty will be four to seven years in prison. This circumstance concerns the presence of minors during the described conduct, while the preceding circumstance concerns the place where the act is committed. The draft bill places both circumstances in the new Criminal Code article and assigns each the prison term stated in the text. The penalty for conduct in the presence of minors is expressed in the article as a prison term.
In addition to the Criminal Code amendment, the draft bill directs the Ministry of Public Security (Ministerio de Seguridad Pública) to develop campaigns on the prevention of, awareness of and reporting of exhibitionist conduct, in coordination with the Ministry of Education (Ministerio de Educación) and the Ministry of Social Development (Ministerio de Desarrollo Social). The campaigns would be directed especially toward protecting children and adolescents. The final article provides that the proposed law would take effect upon promulgation. The proposal concerns those three public institutions and the educational, sports, healthcare, religious and public transportation settings named in the criminal provision, as well as the children and adolescents whom the campaigns are intended to protect.
What it proposes.
- Criminalization of exhibitionism.
- Penalties and circumstances carrying increased prison terms.
- Prevention, awareness and reporting campaigns.
Who it would affect.
- People who engage in the described conduct in public places or places accessible to the public.
- Ministry of Public Security (Ministerio de Seguridad Pública).
- Ministry of Education (Ministerio de Educación) and Ministry of Social Development (Ministerio de Desarrollo Social).
Key points.
- Proposes adding Article 179-A to Chapter I of Title III of Book Two of the Criminal Code.Art. 1
- Punishes intentional exposure of genitalia or sexual acts in public places or places accessible to the public when done with a lascivious purpose or to satisfy one’s own or another person’s sexual desires.Art. 1
- Sets a prison term of one to two years or its equivalent in day-fines or weekend arrest for the conduct.Art. 1
- Sets an increased prison term of two to four years if the act is committed in educational centers, sports facilities, hospitals, churches or public transportation.Art. 1
- Sets a prison term of four to seven years if the conduct occurs in the presence of minors.Art. 1
- Directs the development of prevention, awareness and reporting campaigns, especially aimed at protecting children and adolescents.Art. 2
- Provides that the proposed law would take effect upon promulgation.Art. 3