Current Version
| Region | Chile |
| Issue | Hate crime protections |
| Status | Sexual orientation and gender identity |
| Start Date | Jul 24, 2012 |
| End Date | (none) |
| Description | Article 12, paragraph 21 of the Penal Code, added in 2012 by Law 20.609, establishes that aggravating circumstances include "Committing the crime or participating in it motivated by the victim's ideology, political opinion, religion, or beliefs; the nation, race, ethnicity, or social group to which they belong; their sex, gender, sexual orientation, gender identity, age, affiliation, personal appearance, or illness or disability." Since 2016, Article 150-A of the Penal Code has criminalized torture based on sexual orientation and gender identity. Since 2020, Article 390 ter on the crime of femicide includes the murder of a woman for reasons of sexual orientation, gender identity, or gender expression as an aggravating circumstance. |
| Sources | Penal Code Article 12 https://www.bcn.cl/leychile/navegar?idNorma=1984&idParte=9672213 Article 150A https://www.bcn.cl/leychile/navegar?idNorma=1096847&idParte=9747818&idVersion=2016-11-22 Article 390 ter https://www.bcn.cl/leychile/navegar?idNorma=1143040 |
Revision History (1)
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Jul 24, 2012 |
| End Date | (none) |
| Description | Article 12, paragraph 21 of the Penal Code, added in 2012 by Law 20.609, establishes that aggravating circumstances include "Committing the crime or participating in it motivated by the victim's ideology, political opinion, religion, or beliefs; the nation, race, ethnicity, or social group to which they belong; their sex, gender, sexual orientation, gender identity, age, affiliation, personal appearance, or illness or disability." Since 2016, Article 150-A of the Penal Code has criminalized torture based on sexual orientation and gender identity. Since 2020, Article 390 ter on the crime of femicide includes the murder of a woman for reasons of sexual orientation, gender identity, or gender expression as an aggravating circumstance. |
| Sources | Penal Code Article 12 https://www.bcn.cl/leychile/navegar?idNorma=1984&idParte=9672213 Article 150A https://www.bcn.cl/leychile/navegar?idNorma=1096847&idParte=9747818&idVersion=2016-11-22 Article 390 ter https://www.bcn.cl/leychile/navegar?idNorma=1143040 |