NON-CONSENSUAL PORNOGRAPHY IN BOLIVIA: CRIMINAL OFFENSES AND PENALTIES

CRIMINAL PENALTIES FOR NON-CONSENSUAL PORNOGRAPHY

Bolivian law establishes prison sentences ranging from ten (10) to fifteen (15) years for individuals who engage in the production, reproduction, storage, distribution, or sale of pornographic material without the subject’s consent. The penalties apply equally to direct perpetrators and anyone involved in the chain of distribution.

The sentence may be increased by one-third when aggravating circumstances are present, particularly those that indicate a greater degree of harm to the victim or abuse of power by the offender.

AGGRAVATING CIRCUMSTANCES IN NON-CONSENSUAL PORNOGRAPHY CASES

The legal framework provides for a one-third increase in sentencing when certain aggravating factors are present, either related to the victim’s vulnerability or the offender’s position of power. These include:

Victim-Specific Aggravating Factors

• The victim has a disability.
• The victim is pregnant.

Relationship Between Offender and Victim

• The offender is the victim’s spouse, partner, parent, or holds legal authority over them.
• There is a work-related, blood, or affinity relationship.

Other Aggravating Circumstances

• The offender is a public official or responsible for protecting vulnerable individuals.
• The offender is part of a diplomatic mission.
• The offense involves multiple victims.
• The activity is habitual and profit-driven.
• The offender is part of a criminal organization.

These aggravating circumstances reflect the legal system’s commitment to protecting individuals in vulnerable or subordinate positions.

STORING OR SHARING NON-CONSENSUAL PORNOGRAPHY IS ALSO A CRIME

Bolivian criminal law penalizes not only the production of non-consensual pornography but also its storage, reproduction, distribution, or sale. This means that sharing an intimate video on social media—even if the sharer did not produce it—can lead to criminal liability with the same severity.

This comprehensive approach is designed to stop the unauthorized dissemination of intimate content, often referred to as “revenge porn” or the distribution of “packs,” a practice increasingly common via mobile devices and digital platforms.

CONCLUSION

Non-consensual pornography is treated with utmost seriousness under Bolivian criminal law. The legal framework criminalizes not only the unauthorized production of explicit content but also its storage and distribution, with penalties ranging from 10 to 15 years of imprisonment. These sentences can be further increased when aggravating factors—such as abuse of power or victim vulnerability—are present. In today’s digital age, it is essential for citizens to understand that storing or sharing unauthorized intimate content is a serious crime.