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Relaciones Sexuales con Menores de edad Costa Rica

Código Penal

 

Relaciones sexuales con personas menores de edad

 

Artículo 159.- Relaciones sexuales con personas menores de edad. Será sancionado con pena de prisión, quien se haga acceder o tenga acceso carnal por vía oral, anal o vaginal, con una persona menor de edad, siempre que no constituya delito de violación, en los siguientes supuestos:

 

1) Con pena de prisión de tres a seis años, cuando la víctima sea mayor de trece y menor de quince años de edad, y el autor sea cinco o más años mayor que está en edad.

 

2) Con pena de prisión de dos a tres años, cuando la víctima sea mayor de quince y menor de dieciocho años, y el autor sea siete o más años mayor que está en edad.

 

3) Con pena de prisión de cuatro a diez años, siempre que el autor tenga, respecto de la víctima, la condición de ascendiente, tío, tía, hermano o hermana, primo o prima por consanguinidad o afinidad, sea tutor o guardador, o se encuentre en una posición de confianza o autoridad con respecto de la víctima o su familia, medie o no relación de parentesco.

 

Los mismos supuestos operarán si la acción consiste en la introducción de uno o varios dedos, objetos o animales por la vía vaginal o anal.

 

(Así reformado por el artículo 1° de la ley N° 9406 del 30 de noviembre de 2016, «Fortalecimiento de la protección legal de las niñas y las adolescentes mujeres ante situaciones de violencia de género asociadas a relaciones abusivas.»)

 

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Actos sexuales remunerados con personas menores de edad

 

Artículo 160.- Quien pague, prometa pagar o dar a cambio una ventaja económica o de otra naturaleza a una persona menor de edad o a un tercero, para que la persona menor de edad ejecute actos sexuales o eróticos, será sancionado con las siguientes penas:

 

1) Prisión de cuatro a diez años, si la persona ofendida es menor de trece años.

 

2) Prisión de tres a ocho años, si la persona ofendida es mayor de trece años pero menor de quince años.

 

3) Prisión de dos a seis años, si la persona ofendida es mayor de quince años pero menor de dieciocho años.

 

(Así reformado mediante el artículo 1° de la Ley «Fortalecimiento de la Lucha Contra La Explotación Sexual de las Personas Menores de Edad mediante la reforma y adición de varios artículos al Código Penal, Ley Nº 4573, y reforma de varios artículos del Código Procesal Penal, Ley Nº 7594»; ley N° 8590 del 18 de julio del 2007).

 

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