Se modificó el artículo 119 del Código Penal de la Nación

/ 17 mayo, 2017

Por medio de la ley 27.352, publicada en el Boletín Oficial del 17/05/17, se modificó el artículo 119 del Código Penal de la Nación, libro segundo Título III relativo a los delitos contra la integridad sexual.

A continuación el texto completo de la norma:

Ley 27352

Modificación.

El Senado y Cámara de Diputados de la Nación Argentina reunidos en Congreso, etc. sancionan con fuerza de

Ley:

MODIFICACIÓN DEL ARTÍCULO 119 DEL LIBRO SEGUNDO, TÍTULO III DEL CÓDIGO PENAL DE LA NACIÓN

ARTÍCULO 1°.- Modifícase el artículo 119 del Código Penal de la Nación, el cual quedará redactado de la siguiente manera:

Artículo 119: Será reprimido con reclusión o prisión de seis (6) meses a cuatro (4) años el que abusare sexualmente de una persona cuando ésta fuera menor de trece (13) años o cuando mediare violencia, amenaza, abuso coactivo o intimidatorio de una relación de dependencia, de autoridad, o de poder, o aprovechándose de que la víctima por cualquier causa no haya podido consentir libremente la acción.

La pena será de cuatro (4) a diez (10) años de reclusión o prisión cuando el abuso por su duración o circunstancias de su realización, hubiere configurado un sometimiento sexual gravemente ultrajante para la víctima.

La pena será de seis (6) a quince (15) años de reclusión o prisión cuando mediando las circunstancias del primer párrafo hubiere acceso carnal por vía anal, vaginal u oral o realizare otros actos análogos introduciendo objetos o partes del cuerpo por alguna de las dos primeras vías.

En los supuestos de los dos párrafos anteriores, la pena será de ocho (8) a veinte (20) años de reclusión o prisión si:

a) Resultare un grave daño en la salud física o mental de la víctima;

b) El hecho fuere cometido por ascendiente, descendiente, afín en línea recta, hermano, tutor, curador, ministro de algún culto reconocido o no, encargado de la educación o de la guarda;

c) El autor tuviere conocimiento de ser portador de una enfermedad de transmisión sexual grave, y hubiere existido peligro de contagio;

d) El hecho fuere cometido por dos o más personas, o con armas;

e) El hecho fuere cometido por personal perteneciente a las fuerzas policiales o de seguridad, en ocasión de sus funciones;

f) El hecho fuere cometido contra un menor de dieciocho (18) años, aprovechando la situación de convivencia preexistente con el mismo.

En el supuesto del primer párrafo, la pena será de tres (3) a diez (10) años de reclusión o prisión si concurren las circunstancias de los incisos a), b), d), e) o f).

ARTÍCULO 2°.- Comuníquese al Poder Ejecutivo nacional.

DADA EN LA SALA DE SESIONES DEL CONGRESO ARGENTINO, EN BUENOS AIRES, A LOS VEINTISEIS DIAS DEL MES DE ABRIL DEL AÑO DOS MIL DIECISIETE.

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