Honduras
CHILD SEX ABUSE SOLs
Current Criminal SOL
Crimes |
Custodial Sentence |
SOL *1 |
|
Rape and statutory rape *2 |
Basic type: 9 to 13 years custodial sentence.
|
15 years. Tolling (suspension) Until victim turns 18 yo |
Other sexual assaults *3 |
Basic type: 5 up to 8 years custodial
|
10 years. Tolling (suspension) Until victim turns 18 yo |
|
Statutory rape and sexual |
6 up to 9 years custodial sentence. |
10 years. Tolling (suspension) Until victim turns 18 yo |
|
Incest *5
|
4 up to 6 years custodial sentence |
10 years. Tolling (suspension) SOL Until victim turns 18 yo |
| Online grooming *6 |
Basic type:
|
5 years. Tolling (suspension) Until victim turns 18yo |
|
Adolescent sexual abuse and rape *7 |
Deception:
|
Deception and basic 5 years. Aggravated/ abuse of 10 years. Until victim reaches 28 years. Tolling (suspension) Until victim turns 18 yo |
|
Sexual harassment *8 |
Basic type:1 up to 2 years custodial
|
5 years. Tolling (suspension) Until victim turns 18 yo |
|
Child Sexual exploitation *9 |
BASIC:6 up to 8 year custodial sentence.
AGGRAVATED:8 up to 12 years custodial sentence |
No SOL art. 116 |
|
Production, distribution, possession child sex abuse material (CSAM) *10 |
Production:
|
Until victim turns 18 yo |
|
Exhibitionism *11 |
Basic type:1 up to 2 years custodial sentence.
Aggravated type:2 up to 3 years |
5 years. Until victim reaches 23 years Tolling (suspension) Until victim turns 18 yo |
|
Distributing pornography to children *12 |
Community service from 6 months up to 2 years |
5 years. Until victim reaches 23 years Tolling (suspension) Until victim presses charge |
|
Child trafficking with the goal of exploiting the |
5 up to 8 years custodial sentence |
No SOL *14 |
Summary: Some crimes have a SOL of between 5 and 15 years. Other crimes do not have a
SOL.
*1 Art 109 and 110 Hnd.Crim. Code
*2 Art 249 Hon. Crim. Code
*3 Art 250 Hon. Crim. Code
*4 Art 251 Hon. Crim. Code
*5 Art 252 Hon. Crim. Code
*6 Art 253 Hon. Crim. Code
*7 Art 254 Hon. Crim. Code
*8 Art 256 Hon. Crim. Code
*9 Art 259 Hnd. Crim. Code
*10 Art 261 Hon. Crim. Code
*11 Art 264 Hon. Crim. Code
*12 Art 265 Hnd. Crim. Code
*13 Art 195.quater. Gt. Crim. Code
*14 Art 116 Hnd. Crim. Code
Criminal SOL History
| Age Cap | |
By 2018 |
January 2018. Honduran Congress approved in January 2018 Decree no 130/2017, the new Criminal Code, which derogated Decree no 144/1983, the previous criminalcode. The new law entered into force in June 2020. It significantly modified the criminal statute of limitations for violent crimes against children. Article 116 of the new criminal code established for the first time that crimes of human trafficking and sexual exploitation of minors under eighteen (18) years of age have no criminal statute of limitations. Article 110 of the new criminal code established for the first time that in crimes against the sexual freedom or indemnity* when the victim is a minor under eighteen (18) years of age the statute of limitations for the criminal action starts counting when the victim reaches the age of majority. |
*Concordat: N/A
Current Honduras Criminal Code:
ARTICLE 109
STATUTE OF LIMITATIONS OF THE CRIMINAL ACTION
The criminal action limitation period for the commission of a crime prescribes, except in the
cases provided for in Article 116 hereof.
Code and subject to the provisions of articles 57 and 325 of the Constitution of the Republic:
1) At twenty (20) years, when the maximum penalty plus half indicated for the crime is fifteen
(15) or more years in prison;
2) At fifteen (15) years, when the maximum penalty established by the Law is disqualification
for more than ten (10) years or imprisonment for more than ten (10) and less than fifteen (15)
years;
3) After ten (10) years, when the maximum penalty established by the Law is disqualification or
imprisonment for more than five (5) years and that does not exceed ten (10) years; AND
4) After five (5) years, in the case of other crimes. The faults prescribe six (6) months after their
execution.
When the sentence indicated by the law is compound, it is for the application of the rules
included in this Article to the one that requires more time for the prescription. In cases of
infractions or related infractions, the statute of limitations is the one that corresponds to the most
serious offence.
ARTICLE 110
START OF THE COMPUTATION FOR THE PRESCRIPTION OF THE CRIMINAL
ACTION
The time limit for the criminal action is calculated, except in the cases contemplated in Article
325 of the Constitution of the Republic, in the following cases:
1) From the day the crime was committed, its execution is interrupted or the preparatory acts
declared punishable are carried out;
2) In continuing crimes and mass crimes, from the day the last act is executed or the last action is
carried out;
3) In permanent crimes, from the day the unlawful situation is eliminated;
4) In the attempted crime against life, in abortion, intentional injuries, gender violence, crimes
against moral integrity, human trafficking, abandonment of minors, crimes against freedom of
movement, freedom of determination or freedom or sexual indemnity, crimes against home
inviolability and intimacy, as well as crimes against labour rights and family relations in which a
minor is the victim, the terms are computed from the day on which the minor has reached the
majority of age, and if he dies before reaching it, from the date of death.
ARTICLE 116:
CRIMES THAT HAVE NO STATUTE OF LIMITATIONS:
The following crimes do not have a statute of limitations for the initiation of criminal action:
1) Crimes against humanity, terrorism when it has caused the death of one or more people,
torture, forced disappearance, human trafficking and sexual exploitation of minors under
eighteen (18) years of age; AND,
2) Any crime that has the penalty of deprivation of liberty for life.