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Possession and distribution

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Argentina

Possession, distribution and protection against non-consensual sharing of intimate images in Argentina.

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Updated as of · National legislation

A guide holding Argentina’s flag accompanies the legal information.

What this guide covers

Article 128 covers depictions of people under 18 in sexually explicit activities, or of their genitals for a primarily sexual purpose. It distinguishes knowing possession from production and distribution. Criminal Code, Art. 128

Sexual material involving children and teenagers

These are the main statutory penalties for the conduct described. The circumstances of a case can affect how they apply.

Sexual material involving children and teenagers
ConductMain statutory penalty
Knowingly possessing the material

The provision requires knowing possession of the material described in the article.

4 months to 1 year in prisonCriminal Code, Art. 128
Possessing it to distribute or trade

The intent to distribute or trade must be unequivocal.

6 months to 2 years in prisonCriminal Code, Art. 128
Producing, offering or distributing

Also includes financing, trading, publishing, facilitating or disseminating this material by any means.

3 to 6 years in prisonCriminal Code, Art. 128

When the victim is under 13, both the minimum and maximum terms under Article 128 increase by one third. Criminal Code, Art. 128

Intimate images shared without permission

The Olimpia Law added digital violence to the framework protecting women from gender-based violence. It includes obtaining, reproducing or sharing, without consent, real or edited intimate or nude material attributed to women. Law 27,736 (Olimpia Law)

The framework allows court orders to prohibit digital contact, remove content identified by its URL and preserve evidence. The Olimpia Law does not itself set a prison sentence for every instance of intimate-image sharing: possible criminal liability must be assessed under the facts and applicable laws. Law 26,485, Arts. 6, 16 and 26

Where to report or seek guidance

The specialized cybercrime prosecution unit (UFECI) receives reports. Its official website lists contact details and the reporting address [email protected]. Ask how to provide information without forwarding sexual material involving children.

Read the official sources

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