Article 209 Quintus Federal Criminal Code

Two to six years of imprisonment and a fine of one thousand to two thousand times the daily value of the Measurement and Updating Unit (Unidad de Medida y Actualización) shall be imposed on whoever carries out, imparts, applies, obliges or finances any type of treatment, therapy, service or practice that obstructs, restricts, impedes, diminishes, annuls or suppresses the sexual orientation, identity or gender expression of a person.

The sanction provided in the preceding paragraph shall be doubled when the typified conducts are carried out against persons under eighteen years, older adults or persons with any disability.

In the case that it is the father, mother or guardian of the victim who incur in the sanctioned conducts, the sanctions of admonition or warning shall be applied at the consideration of the judge.

The sanctions indicated in the first paragraph of this article shall be increased to double that which corresponds, when the authoring person had with the victim any of the relationships listed below or else, they are situated in any of the following assumptions:

a)Labor, teaching, domestic, medical or any other relationship that implies a subordination of the victim;

b)Whoever avails themselves of public function to commit the crime, and

c)When the authoring person uses physical, psychological or moral violence against the victim.

In the cases of subparagraphs a) and b), in addition to the indicated sanctions, it shall be punished with removal and disqualification to hold the position or commission or any other of a public or similar nature, for a time equal to the penalty imposed.

The filing of a complaint shall suffice to initiate the investigation of the facts that present the characteristics of the crime to which this provision refers.

For the determination of the damage caused to the free development of the personality of the victim and its reparation, the provisions of Article 209 Ter shall be observed.