Article 366 Ter Federal Criminal Code

Commits the crime of trafficking in minors whoever transfers a minor under sixteen years of age or delivers him to a third party, unlawfully, outside the national territory, with the purpose of obtaining an undue economic benefit for the transfer or the delivery of the minor.

Commit the crime referred to in the preceding paragraph:

I.Those who exercise parental authority or custody over the minor, even if it has not been declared, when they materially carry out the transfer or the delivery or for having granted their consent for it;

II.The ascendants without limit of degree, the collateral relatives and by affinity up to the fourth degree, as well as any third party who has no kinship with the minor.

It shall be understood that the persons referred to in the preceding paragraph act unlawfully when they have knowledge that:

a)Those who exercise parental authority or custody of the minor have not granted their express consent for the transfer or the delivery, or

b)Those who exercise parental authority or custody of the minor will obtain an undue economic benefit for the transfer or the delivery.

III.The person or persons who receive the minor.

To those who commit the crime referred to in this article there shall be imposed a penalty of three to ten years of imprisonment and from four hundred to one thousand days fine.

In addition to the penalties indicated in the preceding paragraph, there shall be deprived of the rights of parental authority, guardianship or custody those who, where applicable, having the exercise of these, commit the crime referred to in this article.

There shall be applied up to two thirds of the penalties referred to in this article, when the transfer or delivery of the minor is carried out in national territory.