Article 266 Bis Federal Criminal Code

The penalties provided for rape shall be increased by up to one half in their minimum and maximum, when:

I.- The crime is committed with direct or immediate intervention of two or more persons;

II.- The crime is committed by an ascendant against his descendant, the latter against the former, the brother against his collateral relative, the guardian against his pupil, or by the stepfather or partner (amasio) of the mother of the offended party against the stepchild. In addition to the prison penalty, the guilty party shall lose the parental authority or the guardianship, in the cases in which he exercised it over the victim;

III.The crime is committed by whoever performs a public position or employment or exercises his profession, using the means or circumstance that they provide him. In addition to the prison penalty the convicted person shall be removed from the position or employment or suspended for the term of five years in the exercise of said profession, said term shall be duplicated in the case that the crime is committed by professionals who work in attention or service of girls, boys and adolescents;

IV.- The crime is committed by the person who has the offended party under his custody, keeping or education or takes advantage of the confidence deposited in him.

V.The crime is committed prior supply of narcotics or psychotropic substances to the victim, against her will or without her knowledge.