Guatemala
CHILD SEX ABUSE SOLs
Current Criminal Statute of Limitations (“SOL”)
| Crimes | Custodial Sentence | SOL *1 |
Rape *2 |
Basic Type: 8 to 12 years
Aggravated Type*3: (Art. 195.quin Gt. Crim. Code): – Victim: Child >14yo < 18yo. Basic penalty increased by 2/3rds – Victim child >10yo < 14yo basic penalty increased by 3/4 – Victim child < 10yo basic penalty doubled. |
24 years (applying Art. 107.5 Gt. Crim. Code). Until child victim turns 42 years (age of majority + 24 years). Tolling (suspension) SOL Until victim turns 18 y/o |
Sexual aggression |
5 to 8 years |
16 years (applying Art. 107.5 Gt. Crim. Code). Until child victim turns 34 years (age of majority + 16 years) Tolling (suspension) SOL Until victim turns 18 y/o |
|
Sexual exhibitionism *5 |
Basic Type:3 to 5 years Aggravated Type: (Art. 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on age of child.
|
6 years and six months (Art. 107.2 – maximum penalty increased by third). Until victim turns 24 yearsand 6 months (age of majority + 6 y and 6 m) Tolling (suspension) SOL Until victim turns 18 y/o
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Exposing children to pornographic material or event *6
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Basic Type: 3 to 5 years Aggravated Type: (Art. 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on the child’s age
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6 years and 6 months (Art. 107.2 – maximum penalty increased by third). Until victim turns 24 years and 6 months (age of majority + 6 y and 6 m) Tolling (suspension) SOL Until victim turns 18 y/o |
| Violation of sexual privacy *7 |
Basic Type: 1 to 3 years Aggravated Type (Dissemination of sexual materials): 2 to 4 years
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Basic type: 4 years (Art. 107.2 – maximum penalty increased by third). Until victim turns 22 years. Aggravated type: 5 years and 4 months (Art. 107.2 – maximum penalty increased by third) Until victim turns 23 years and 4 months Tolling (suspension) SOL Until victim turns 18 y/o |
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Online grooming *8
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Basic Type: 6 to 12 years Aggravated Type: child with cognitive impairment. Basic penalty increased by two thirds
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16 years (Art. 107.2 – maximum penalty increased by third). Until victim turns 34 years Tolling (suspension) SOL Until victim turns 18 y/o
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| Online sexual extortion to minors *9 |
Basic Type: 6 to 12 years Aggravated Type: child with cognitive impairment. Basic penalty increased by two thirds
|
16 years (Art. 107.2 – maximum penalty increased by third). Until victim turns 34 years Tolling (suspension) SOL Until victim turns 18 y/o
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| Child sex exploitation *10 |
Basic Type: 5 to 8 years Aggravated Type: (Art. 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on age of child
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10 years and 8 months (Art. 107.2 – maximum penalty increased by a third). Until victim turns 28 years and 8 months Tolling (suspension) SOL Until victim turns 18 y/o |
| Production of pornographic material of minors *11 |
Basic Type: 6 to 10 years, and Q.50,000.00 (USD 6,250.00 approx.) to Q.500,000.00 (USD 62,500.00 approx.) fine Aggravated type: (art 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on age of child
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13 years and 4 months. (Art. 107.2 – maximum penalty increased by a third). Until victim turns 31 years and 4 months Tolling (suspension) SOL Until victim turns 18 y/o
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| Indecent Exposure *12 | Q.200.00 (USD 25.00 approx. to Q.2,000.00 (USD 2,000.00 approx.) fine |
5 years. (Art. 107.3 – SOL for crimes punished with fine). Until victim turns 23 years Tolling (suspension) SOL Until victim turns 18 y/o
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| Commercialization or dissemination of pornographic material of minors *13 |
Basic Type: 6 to 8 years Aggravated Type: (Art. 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on age of child
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10 years and 8 months (Art. 107.2 – maximum penalty increased by a third). Until victim turns 28 years and 8 months Tolling (suspension) SOL Until victim turns 18 y/o
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| Possession of pornographic material of minors *14 |
Basic Type: 2 to 4 years Aggravated type: (Art. 195.quin Gt. Crim. Code): Increase basic penalty between 2/3rs and double maximum basic penalty depending on age of child |
5 years and 4 months (Art. 107.2 – maximum penalty increased by a third). Until victim turns 23 years and 4 months Tolling (suspension) SOL Until victim turns 18 y/o |
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Favoring child sexual exploitation through activities related to tourism *15
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6 to 10 years, and Q.100,000.00 to Q.500,000.00 fine
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13 years and 4 months. (Art. 107.2 – maximum penalty increased by a third). Until victim turns 31 years and 4 months Tolling (suspension) SOL Until victim turns 18 y/o
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Human trafficking *16
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8 to 18 years, and Q.300,000.00 (USD 37,500.00 approx.) to Q.500,000.00 (USD 62,500.00 approx.) fine
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24 years. (Art. 107.2 – maximum penalty increased by a third). Until victim turns 42 years Tolling (suspension) SOL Until victim turns 18 y/o
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Remuneration for human trafficking *17
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6 to 8 years
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10 years and 8 months (Art. 107.2 – maximum penalty increased by a third). Until victim turns 28 years and 8 months Tolling (suspension) SOL Until victim turns 18 y/o
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Summary: Some crimes have a SOL of between 4 and 24 years.
*Concordat: N/A
*1 Articles 107, 108.6 and 109 Gt. Crim. Code
*2 Art. 173 Gt. Cr. Code
*3 Aggravated circumstances will only be considered by the judge or tribunal for the determination of the applicable imprisonment term. Aggravated circumstances do not affect the SOL.
*4 Art. 173.bis Gt. Cr. Code
*5 Art. 188 Gt. Crim. Code
*6 Art. 189 Gt. Crim. Code
*7 Art. 190 Gt. Crim. Code
*8 Art. 190.bis Gt. Crim. Code
*9 Art. 190.ter. Gt. Crim Code
*10 Art. 193. Gt. Crim. Code.
*11 Art. 193. Ter. Gt. Crim. Code
*12 Art. 195 GT. Crim. Code
*13 Art. 195.bis Gt. Crim. Code
*14 Art. 195.ter Gt. Crim. Code
*15 Art. 195.quater. Gt. Crim. Code
*16 Art. 202.Ter Gt. Crim. Code
*17 Art. 202. Quarter. Gt. Crim. Code
CRIMINAL SOL HISTORY
Age Cap |
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2009 |
In March 2009 Guatemala approved Decree No. 9-2009. Law Against Sexual Violence, Exploitation and Human Trafficking (the “Law Against Sexual Violence”). Article 21 of the Law Against Sexual Violence added paragraph 5 to article 107 of the Guatemalan Criminal Code. The Law Against Sexual Violence established that for sexual crimes (both against children and adults) established in Chapters I and II of Title III of the Second Book of the Criminal Code, the criminal statute of limitations doubles the time of the maximum criminal penalty. In ordinary crimes the criminal SOL is the maximum criminal penalty increased by one third. Furthermore, article 22 of the Law Against Sexual Violence added paragraph 6 to article 108, which states that in crimes (not only in sexual crimes) committed against children the criminal statute of limitations starts running when the victim reaches the age of majority. |
Current Guatemalan Criminal Code:
ARTICLE 107
Criminal statute of limitations
Criminal time limitation expires:
- After twenty-five years, when the crime is punished by death penalty sentence.
- For the course of a period equal to the maximum duration of the indicated sentence, increased by one third, and said term cannot exceed twenty years nor be less than three.
- After five years, in crimes punishable by a fine.
- After six months, in the case of faults.
5.For the passage of twice the time of the maximum sentence indicated for the crimes contemplated in Chapters I and II of Title III of Book II of the Penal Code.
- If the act was committed by a public official or employee for crimes that threaten public administration and the administration of justice, when twice the time prescribed by law for the prescription of the sentence has elapsed.
ARTICLE 108
Beginning of the criminal limitation term.
The prescription of criminal liability will begin to run:
- For consummated crimes, from the day of their consummation.
- In the case of an attempt, from the day the execution was suspended.
- For continuing crimes, from the day the last act was committed.
- For permanent crimes, from the day their effects ceased.
- For conspiracy, proposition, provocation, instigation, and inducement, when these are punishable, from the day the last act was carried out.
- In crimes committed against minors, the statute of limitations will begin to run from the moment the victim reaches the age of majority.
- For all crimes against the public administration and administration of justice, from the day on which the public official or employee ceases to perform his or her duties. This provision applies to all participants in the punishable act, without exception.
ARTICLE 109
Interruption.
The prescription of the criminal action is interrupted, from the start of the process against the accused, running again the time of the prescription from the time its prosecution is paralyzed for any reason.
It is also interrupted with respect to whoever commits another crime.
Other relevant legislation:
Decree no 9-2009. Law against sexual violence, exploitation, and human trafficking.