DIGITAL SEXUAL ABUSE OF MINORS IN BOLIVIA

PENALTIES FOR DIGITAL SEXUAL ABUSE OF MINORS

The base penalty is four to eight years of imprisonment. The sentence increases by one-third when there is pressure, intimidation, blackmail, or threats with the intent to:

• Obtain images, videos, photos, or live transmissions of the minor’s sexual content; or
• Promote a physical meeting.

An increase of “one-third” means approximately a 33% rise in the final sentence. For instance, if the sentence is set at 6 years, an aggravating factor would raise it to around 8 years.

KEY EVIDENCE IN DIGITAL SEXUAL ABUSE CASES

Act quickly and avoid manipulating evidence. In practice, crucial evidence includes full conversations with timestamps and user data, accurate screenshots, metadata, platform records, and, where appropriate, connection data. Do not delete or forward any messages; preserve devices and seek legal guidance to request data preservation from platforms while the Prosecutor’s Office collects the required information.

BOLIVIAN AND INTERNATIONAL LEGAL FRAMEWORK AGAINST CHILD SEXUAL ABUSE ONLINE

The Bolivian Constitution guarantees the right to physical integrity and to live free from violence (Art. 15), and prioritizes the protection of children and adolescents (Art. 60). When international human rights treaties provide more favorable protection, they prevail (Art. 256). Globally, the Convention on the Rights of the Child mandates the prevention of all forms of violence (Art. 19) and sexual abuse or exploitation (Art. 34), reinforced by its Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. General Comment No. 25 (2021) clarifies how these rights apply in the digital environment, while General Comment No. 14 guides the analysis of the best interests of the child in every decision.

EXAMPLES OF DIGITAL SEXUAL ABUSE OF MINORS

• Case 1: A 35-year-old man contacts a 14-year-old girl via a social media platform. After a brief conversation, he sends her explicit sexual photos and videos without her requesting them. The girl’s family reports him. This behavior constitutes the base offense, punishable by 4 to 8 years in prison.
• Case 2: A man convinces a 16-year-old girl he met in an online game to send him intimate photos. He later extorts her, threatening to publish the photos unless she sends explicit videos. This blackmail to obtain more material is an aggravating factor that increases the prison sentence.
• Case 3: A 42-year-old man pretends to be a teenager to gain the trust of a 15-year-old boy. When the minor refuses to meet in person, the man uses personal information (address, parents’ names) to threaten and pressure the family into arranging a meeting. Using threats to promote an in-person encounter is an aggravating factor that results in a harsher sentence.

LEGAL AND PROCEDURAL MEASURES AGAINST DIGITAL SEXUAL ABUSE

Criminal prosecution is public, and investigations can begin without a private complaint. The Prosecutor’s Office may request protective measures (such as no-contact orders, psychological support, and interviews in child-friendly settings) to prevent revictimization. In high-risk cases, judges may impose strict precautionary measures and order the urgent preservation of relevant digital data.

In summary, Bolivian law offers a strong legal response to digital sexual abuse: sending sexual content to minors via electronic means is a punishable offense, and penalties increase when coercion is used to obtain material or facilitate a meeting. Early action, evidence preservation, and a focus on the child’s best interests are essential to protect victims and ensure effective prosecution.