SCOPE OF THE NEW LAW FOR THE PROTECTION OF THE SEXUAL INTEGRITY OF GIRLS, BOYS, AND ADOLESCENTS IN DIGITAL ENVIRONMENTS.

The Bolivian State, through an initiative promoted by the Attorney General, enacted Law No. 1636 on September 10, 2025, with the aim of protecting and guaranteeing the rights of children and adolescents in digital environments. This law constitutes a milestone in the protection of Bolivian children against crimes in digital media, thus allowing for the criminal prosecution of conduct such as the production, distribution, and possession of child sexual abuse material, while also ensuring that police, prosecutors, and judicial authorities have adequate regulations to punish offenders with penalties of up to 20 years in prison.

The main objective of this law is to strengthen, prevent, protect, and redress the rights of minors against serious crimes such as "grooming" (sexual harassment by an adult against a minor online while pretending to be a minor), production and dissemination of child sexual abuse material, and inappropriate contact for sexual purposes and other offenses that threaten the safety of children and adolescents in digital environments and media.

Article 5 of the law refers to the incorporation of five new specific criminal offenses to address digital crime against minors. Below is a brief analysis of each type to better understand their practical application in everyday life:

“ARTICLE 312 Quinquies. (CONTACT WITH GIRLS, BOYS, OR ADOLESCENTS FOR SEXUAL PURPOSES THROUGH INFORMATION AND COMMUNICATION TECHNOLOGIES).
I. Any adult who, for the purpose of obtaining a sexual encounter, or obtaining images, videos, or any other sexual or erotic content from a girl, boy, or adolescent, establishes contact through electronic communications, telecommunications, or any other data transmission technology by digital means, using deception, manipulation, or taking advantage of the trust placed in them by the victim, shall be punished with imprisonment of three (3) to six (6) years.
II. The penalty shall be aggravated by one-third when:
1. The victim has some degree of disability or is part of an indigenous or native rural population.
2. The act is committed by a religious leader, spiritual guide, or authority of a religious organization or an expression of faith, cult, or belief, regardless of its denomination.
3. The perpetrator is part of the educational system in any of its forms.
4. When there are several victims, girls, boys and adolescents.”

A clear example of this crime occurs mostly when an adult man creates a fake profile on a social media platform to gain the trust of a 13-year-old girl and requests intimate photos. Even if the minor does not agree, the mere fact of contacting her for this purpose constitutes a crime.

ARTICLE 312 Sexies. (SEXUAL ABUSE OF GIRLS, BOYS, OR ADOLESCENTS THROUGH DIGITAL MEDIA).
I. Any person who contacts a girl, boy, or adolescent through electronic communications, telecommunications, or any other digital data transmission technology, sending messages, videos, photographs, links, audios, or any other erotic or sexual content, whether real or produced by artificial or simulated means, shall be punished with imprisonment of four (4) to eight (8) years.
II. The penalty shall be increased by one-third when:
1. The perpetrator contacts, pressures, extorts, or threatens a girl, boy, or adolescent through electronic communications, telecommunications, or any other digital data transmission technology, for the purpose of obtaining images, videos, photographs, or live broadcasts of erotic or sexual content from the girl, boy, or adolescent.
2. The perpetrator contacts, intimidates, extorts, or threatens a child or adolescent through electronic communications, telecommunications, or any other digital data transmission technology, with the purpose of promoting a meeting.”

This criminal offense is very similar to the previous one. It changes the name of the criminal offense from contact for sexual purposes to sexual abuse by digital means, which toughens the custodial sentence. However, the action in both cases, although with similar terms, lies in the exchange or sending of sexual images for lustful purposes to a minor.

ARTICLE 318 Bis. (EXPOSURE TO SEXUAL CONTENT OF GIRLS, BOYS, OR ADOLESCENTS).
I. Any person who exposes a girl, boy, or adolescent to pornographic or sexual content through images, audio, videos, or any form of digital material via electronic communications, telecommunications, or any other digital data transmission technology shall be punished with imprisonment of three (3) to six (6) years.
II. The penalty shall be aggravated by one-third if the victim is under 12 years of age.

This is a criminal offense; it does not require physical contact or the offender to produce the material; it is sufficient that the offender transmits or exposes it to the minor; for example, an adult irresponsibly accesses sexual content regardless of the presence of minors.

“ARTICLE 323 Ter. (PRODUCTION OF SEXUAL ABUSE MATERIAL OF A GIRL, BOY, OR ADOLESCENT).
I. Anyone who records, produces, or who forces, facilitates, or induces the recording or production of images, videos, or transmissions, real or simulated, that contain the visual representation of the genitals of a girl, boy, or adolescent or of bodily exhibitionism for a lascivious purpose, or who represents them in hypersexualized, erotic, or sexually explicit behavior, shall be punished with a prison sentence of fifteen (15) to twenty (20) years.
The penalty shall be applicable even when there was no force or intimidation and consent on the part of the victim is alleged.
II. The penalty shall be aggravated by one-third when:
1. The representation records a situation of carnal access, through penetration of the male member, any other part of the body, or any object, vaginally, anally, or Oral.
2. The perpetrator has a blood relationship, affinity, or adoption relationship with the victim up to the fourth degree.
3. The perpetrator has offered payment or benefits to the child or adolescent in exchange for obtaining the images.
4. The public servant or Indigenous or rural authority taking advantage of their status.
5. The perpetrator who exercises a diplomatic or consular function, provided they do not enjoy diplomatic immunity, or when this has been expressly lifted in accordance with the corresponding regulations or procedures.
6. The perpetrator is a healthcare professional, a member of related branches, or a practitioner of traditional medicine.
7. The victim has some degree of disability or is part of an Indigenous or rural population.
8. The act is committed by a religious leader, spiritual guide, or authority of a religious organization or an expression of faith, cult, or belief, regardless of its denomination.
9. The perpetrator is part of the educational system. Plurinational State.
10. When the victims are children and adolescents with multiple sexual orientations.

This crime carries the harshest sentence, 15 to 20 years in prison, due to the perpetrator´s actions involving the production and/or recording of images of a minor for sexual purposes, either directly or through a third party. A clear example is an adult who forces a minor to participate in the creation of real or simulated images, videos, or transmissions, exhibiting their genitals for sexual purposes.

ARTICLE 323 Quater (POSSESS OR COMMERCIALIZATION).
I. Anyone who distributes, leases, exchanges, sells, or commercializes digital content in any form of data transmission that contains a visual representation of the genitals of a girl, boy, or adolescent or of bodily exhibitionism, or represents them in hypersexualized, erotic, or sexually explicit behaviors, whether real or simulated by artificial means, for the purpose of obtaining economic or other benefits, shall be punished with a prison sentence of ten (10) to fifteen (15) years.
II. Anyone who purchases, stores, or subscribes to digital content in any form of data transmission that contains a visual representation of the genitals of a girl, boy, or adolescent or of bodily exhibitionism, or represents them in hypersexualized, erotic, or sexually explicit behaviors, whether real or simulated by artificial means, for the purpose of self-gratification or that of third parties, shall be punished. with a prison sentence of five (5) to ten (10) years."

Finally, the last criminal offense punishes any person who benefits from the commercialization of sexual material of minors, both the seller and the buyer. For example, downloading and storing images of minors constitutes a crime, as does forwarding and commercializing this content.

As aggravating factors in general, there are certain characteristics surrounding both the perpetrators and the victims of the crimes, which are clearly described in each criminal offense, as can be seen in a copy of the aforementioned articles.

As a result of these actions, the first reported case in the Santa Cruz department, the Municipality of San Carlos, was presented. A 31-year-old man was found using his cell phone to record minors while they were showering at his home. According to the police report, the individual took advantage of a hole in the bathroom door to film the girls. One of the girls noticed the incident and alerted her mother, who confronted the man and checked his cell phone, finding videos confirming the recording. Therefore, an investigation was immediately initiated, and the judge in charge ordered the perpetrator to be held in preventive detention for 180 days at the Montero Productive Rehabilitation Center (CEPROM).

Thus, despite the fact that our Criminal Code now incorporates criminal offenses that protect and safeguard the rights and guarantees of minors in digital media and environments, it is important for parents to consider the following recommendations:
1. Educate and warn children and adolescents about the risks that can arise on social media, online games, and other platforms, in relation to sexual abuse.
2. Encourage open and honest dialogue about the consequences of providing private information to strangers of any kind.
3. Establish clear limits on the time spent on social media and online games.
4. Seek sound professional legal advice if you are a victim of digital sexual harassment or suspect you are.

Paola Paz Taceo

Lawyer