The Cordoba legislator expressed her concern about the manipulation, deceit, and vulnerability to which children and adolescents are exposed through online interactions. In Argentina, since 2013, the figure of "grooming" exists in the Penal Code to punish any contact with minors for the purpose of committing sexual offenses against them. However, currently, with the overexposure to technologies and social networks, it is necessary to update and broaden this criminal figure to encompass the digital variant of "grooming".
The presented project aims to expand the scope of grooming in the Penal Code so that the crime can be configured solely with the intention of contacting a minor for sexual purposes, without the need for a physical meeting. It also proposes to include new forms of digital harassment, such as blackmail and extortion, and to increase penalties for offenders committing these crimes against minors from 16 years old, preventing them from easily getting out of prison.
The exposure of minors online is alarming, with statistics indicating that 9 out of 10 children in Argentina have cell phones and spend an average of 6 hours a day on social media. Half of the minors interact with strangers, especially in online games, and many have been victims of sexual conversations or inappropriate proposals. Public profiles on social networks increase the exposure and risk of minors.
The proposed bill by Deputy Gabriela Brouwer de Koning modifies Article 131 of the Penal Code to penalize with imprisonment of six months to four years those who contact a minor for sexual purposes through technology. If the victim is under 16 years old, the penalty will increase to two to six years. Additionally, harsher penalties are established if blackmail, extortion, or threats are used against the victim.
"Grooming" consists of gaining a minor's trust to then involve them in sexual activities, whether in person or through technological means. The process is divided into five stages, from establishing trust to requesting sexual content. Currently, offenders obtain sexual material through deceit and threats, causing harm to minors without being penalized.
