LAW 1329 OF 2009

(July 17) 

by means of which Title IV of Law 599 of 2000 is modified and other provisions are issued to counteract the commercial

sexual exploitation of children and adolescents.

 

 DECREE:
 Article 1. The title of Chapter IV of Title IV of Book II of Law 599 of 2000 will read as follows:

CHAPTER IV
Of sexual exploitation

Article 2 New article:

Article 213A. Procuring with a minor. Whoever, for profit for himself or for a third party or to satisfy the sexual desires of another, organizes, facilitates or participates in any way in the sexual trade or sexual exploitation of another person under 18 years of age, shall incur a prison of fourteen years. (14) to twenty-five (25) years and a fine of sixty-seven (67) to seven hundred and fifty (750) minimum legal monthly salaries in force.

Article 3. Addition to Chapter IV of Title IV of Book II of Law 599 of 2000 the following article:

 217A. Demand for commercial sexual exploitation of a person under 18 years of age. Who directly or through a third person, request or demand to make sexual intercourse or sexual acts with a person under 18, by payment or promise of payment in cash, kind or compensation of any kind, will incur for this sole fact, under penalty of prison from fourteen (14) to twenty-five (25) years.

Paragraph. The consent given by the victim under 18 years old will not constitute grounds for exoneration from criminal liability.

The penalty will be aggravated by one third to half:

1. If the conduct is carried out by a national or foreign tourist or traveler.

2. If the conduct constitutes marriage or coexistence, servile or forced.

3. If the conduct is committed by a member of an armed group organized outside the law.

4. If the conduct is committed on a person under fourteen (14) years of age.

5. The person in charge is a member of the victim's family.

Article 4 Article 219-A of the Criminal Code introduced by Law 679 of 2001, will remain as follows:

Article 219A. Use or provision of means of communication to offer sexual activities with persons under 18 years of age. Whoever uses or facilitates traditional mail, global information networks, telephony or any means of communication, to obtain, request, offer or facilitate contact or activity for sexual purposes with persons under 18 years of age, will incur a prison sentence from ten (10) to fourteen (14) years and a fine of sixty-seven (67) to (750) current legal monthly minimum wages.

The penalties indicated in the previous paragraph will be increased up to half (1/2) when the conducts are carried out with minors under fourteen (14) years.

 

Article 5:  This law governs from the date of its publication in the Official Gazette and repeals the rules that are contrary to it.

The President of the honorable Senate of the Republic,

Hernán Francisco Andrade Serrano.

The Secretary General of the honorable Senate of the Republic,

Emilio Otero Dajud.

The President of the honorable House of Representatives,

Germán Varón Cotrino.

The Secretary General of the honorable House of Representatives,

Jesús Alfonso Rodríguez Camargo.

REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT

Publish and comply.

Given in Bogotá, D.C., on July 17, 2009.

ÁLVARO URIBE VÉLEZ

The Minister of the Interior and Justice,

Fabio Valencia Cossio.

The Minister of Social Protection,

Diego Palacio Betancourt.

NOTE: Published in the Official Gazette 47,413 of July 17, 2009.

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