Controversial Changes Ahead for Cybersecurity Laws
A new legislative proposal aimed at protecting minors from sexual predators on social networks might inadvertently reduce the penalties for such crimes, according to a recent report approved by Costa Rica’s Full Court last Monday. While the bill introduces several new criminal offenses into the Penal Code, it also proposes sentencing guidelines that are more lenient than the current laws, sparking a debate about its potential impact.
Current vs. Proposed Penalties
The bill, as examined by substitute magistrate William Serrano and presented by Third Chamber magistrate Sandra Zúñiga, includes provisions for imprisoning individuals who harass minors online or send them pornography, with proposed sentences ranging from one to three years. However, this is notably less severe than the penalties outlined under article 167 bis of the Penal Code, which already stipulates two to four years for engaging in sexual or erotic communications with minors, including the exchange of images, videos, texts, or audios. This existing law also increases the penalty to five years if the offender attempts to meet the victim in person.
Magistrate Zúñiga pointed out that under the proposed changes, those convicted could benefit from the principle of the most favorable law, effectively reducing the sentences currently in place.
Additional Criminal Offenses Introduced
The proposed legislation also seeks to create other criminal offenses related to the exploitation of minors via the internet. These include penalties ranging from three to six years for exploiting minors online; four to six years for using a fake profile to contact minors; and five to ten years for extorting minors with threats of releasing their photos or messages in exchange for sexual or economic favors.
Judicial System Concerns
The report also highlighted concerns about the impact of the new legislation on the workload of the Judicial Branch. This perspective was shared by 20 of the 21 magistrates present at the session, who agreed that the proposal would increase the operational demands on the Judicial System. This includes the Fiscalía (prosecution) and the Organismo de Investigación Judicial (OIJ), who are worried about the potential rise in their workload.
Support for Vulnerable Populations
Despite these concerns, the proposed law includes protocols to make it easier for minors to report offenses, involving officials from the Judicial Power, the Ministry of Science and Technology (Micitt), the Ministry of Public Security, the National Child Welfare Agency (PANI), and the Ministry of Public Education (MEP). This collaborative approach aims to streamline the process and ensure that young victims receive the support they need.
Legislative Path Forward
The bill was initially presented to the Legislative Assembly by independent representative Gloria Navas, formerly of the New Republic Party (PNR), and co-signed by the leader of that party’s group, Fabricio Alvarado. To become law, the proposal requires 38 votes in the Legislative Assembly.
Balancing Act Between Reform and Enforcement
As Costa Rica strives to update its legal framework to better protect minors from online sexual harassment, the challenge remains to balance effective punitive measures with the realities of judicial administration. This legislation marks a critical step towards adjusting the legal tools available to combat these heinous crimes, though it also prompts a necessary reevaluation of how these laws are structured to ensure they serve their intended protective purpose without unintended reductions in penalties.
