Costa Rica

Crimes

Custodial Sentence

SOL *1

DISCOVERY TOLLING

Rape *2

Vaginal, oral, anal penetration

AND

Victim < 13yo (statutory rape)

OR

Vulnerable or incapacitated

victim (unable to give consent)
OR

Force, violence, intimidation

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Aggravated rape *3

Circumstances Art 156 Cr. Crim. Code and aggravating circumstances (i.e. family member, spouse, the perpetrator has parental responsibility or duty of care, multiple perpetrators, serious physical harm, abuse of
power)

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the victim reaches the age of majority.

Sexual intercourse with child *4

Oral, anal, penetration. Introducing objects, animals, parts of body (ie. Fingers)

AND

Not circumstances art 156 (rape).

AND

Victim child > 13yo <18yo.

Basic type: Victim > 15yo and < 18yo: 2
up to 3 years custodial sentence.

Aggravated type:
Victim > 13yo < 15yo:
3 up to 6 years custodial sentence.

Hyperaggravated:
Perpetrator family member, has parental responsibility, abuse of power, abuse of trust.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL issuspended until the victim reaches the age of majority.

User of commercial child sexual exploitation (CSCE) *5

Paying, offering monetary or economically advantageous payment to child or third party

AND

In exchange for sexual acts

AND
Victim child < 18

Basic type: Victim child >15yo and < 18yo. 2 up to 6 years custodial sentence.

Aggravated: Victim
child > 13 and < 15yo. 3 up to 8 years custodial sentence.

Hyperaggravated type:
Victim child > 13yo. 4 up to 10 years custodial sentence.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority

Sexual abuse against children or incapacitated person *6

Non penetrative sexual abuse (perpetrator to victim, victim to perpetrator, victim to third
party, victim to him/herself).

AND

Victim child < 18yo or incapacitated person

Basic type: 3 up to 8 years custodial sentence.

Aggravated type: 4 up to 10 years prison sentence. Aggravating factors (i.e. child <
15yo, perpetrator family member, abuse
of trust or power, threats, intimidation).

25 years

—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Kidnapping *7

Kidnapping young woman or
older teenager (age > 15yo and < 18yo)

AND

Lewd intent

AND

Using deception or methods described art 156 (rape).

2 up to 4 years
custodial sentence.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Kidnapping of young
teenager 8
Kidnapping
AND

Victim Female child > 12yo
and < 15yo

AND

With the victim’s consent

AND

Lewd intention

6 months up to 3 years
custodial sentence.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Corruption of minors *9

BASIC TYPE:
Maintaining or promoting corruption of victim

AND

Victim child < 18yo & incapacitated person (consent is irrelevant)

AND

Erotic, pornographic or obscene purposes in public or private exhibitions or shows

AGGRAVATED TYPE
Using social networks or other type of computer,
telematic means or other type of communication

AND

Seeking sexual encounter for himself, for another or for groups

OR

Instigates victim to engage in premature sexual acts or corrupts victim who witnesses sexual acts

Basic type: 4 up to 9 years custodial sentence.

Aggravated type: 6 up to 12 years custodial
sentence.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Online grooming *10

Basic type:
Online contact using real identity, false one or
supplanting a third person

AND

Victim child <18yo or incapacitated

AND

Erotic/ sexual interaction including images, videos, text or audios

Aggravated type:
Using online method to arrange meeting child <18yo to engage in sexual act.

Basic type:
2 up to 4 years custodial sentence. Aggravated type: 3 up to 5 years custodial sentence.

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Aggravated corruption *11

Corruption of art 167 Cr. Crim. Code

AND

Aggravating factor (i.e. Child <13; violence, threat, intimidation, abuse of power
& trust, perpetrator family member, duty of care,
parental responsibility).

6 up to 12 years
custodial sentence.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Aggravated proxenetism Promoting commercial child sex exploitation (CCSE) *12

Promoting, inducing, maintaining victim’s
prostitution, sexual servitude

AND

Victim <18.

4 up to 10 years
custodial sentence

25 years

—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Living of illegal earnings of commercial child sex
exploitation CCSE (aggravated form of basic type crime) *13

Living of illegal earnings of CCSE

AND

Using coercion.

Hyper- Aggravated (victim child <13yo):
4 up to 10 years

custodial sentence.
Aggravated (victim child 13yo to 18yo): 3 up to 9 years.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Child Human trafficking (aggravated form of basic human trafficking) *14

Promoting, facilitating, favoring, executing the
recruitment, transfer, transportation, concealment, retention, delivery, and
reception of victim inside or outside the country

AND

Using threats, force, coercion, kidnapping, fraud, deception, abuse of power, exploiting vulnerability, payment of victim’s carer

AND

Intent to subject victim to forced labour, servitude, labour exploitation, slavery,
forced or servile marriage, irregular adoption, forced begging, sexual exploitation, forced pregnancy or abortion.

8 Up to 16 years custodial sentence

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Producing child sex exploitation material (real
child engaging in real or simulated sex acts, lewd
representation of genitals) *15

Producing, reproducing, using, releasing

AND

Child sex exploitation material

OR

Forcing child < 18yo to send CSEM online.

5 up to 9 years custodial sentence

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Possession CSEM *16

Possession CSEM

2 up to 5 years
custodial sentence

4 years

—

Tolling (suspension)
of SOL

Not applicable.

Distributing pornography to minors & distribution of CSEM 17

Deliver, trade, disseminate,
distributing, exhibiting

AND

Delivering it to children

OR
Deliver, trading, disseminating, distributing,
markets, and finances exhibiting CSEM.

Basic type:

4 up to 8 years custodial sentence

Aggravated type: 5 up to 9 years custodial sentence

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority

Owner, renter, administrator, possessor of
venues dedicated to human trafficking *18

Owners, renters, administrator, possessor of
establishment & venue used for human trafficking, migrant smuggling or related
activities.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Exhibitionism in front of child *19

Sexual exhibitionism or masturbation in public spaces

AND

Witnessed by child

6 months up to 1-year custodial sentence.

Aggravating factor art
175sexties. Child <18yo. Penalty
increased by a third.

25 years

—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Public sexual harassment of child *20

Harassing a child < 18yo in a public space with lewd/sexual intent.

8 months up to 1-year custodial sentence.

Aggravating factor art 175sexties. Child < 18yo. Penalty increased by a third.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

Using a child to produce Audiovisual material with sexual intent *21

Basic type:
Producing audiovisual material in a public space for sexual purposes using child < 18yo

Aggravated type: Distributing material to third person

Basic type:
10 months up to 18 months custodial sentence.

Aggravated type:

18 months up to 3 years custodial sentence
Aggravating factor art 175sexties. Child < 18yo. Penalty increased by a third.

25 years
—

Tolling (suspension)
of SOL

The criminal SOL is suspended until the
victim reaches the age of majority.

By 2007

2009