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DECREE N ° 260
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-

That the Constitution of the Republic recognizes the human person as the
origin and the end of the activity of the State, which is organized to achieve
of justice, legal security and the common good.

II.-

That by Legislative Decree No. 1030, dated April 26, 1997,
published in the Official Gazette No. 105, Volume No. 335, of June 10 of the same
year, the Penal Code was issued.

III.-

That at present, the electronic instruments by means of which
send, receive or safeguard the information, have acquired a special relevance,
both at the international and national level, for economic, political development,
social and cultural of the country; Therefore, it becomes a priority of the State, to protect said
information, since by not protecting it, confidentiality is violated,
integrity, security and availability of data in general.

IV.-

That this diversity of criminal activities that can be committed to
through Information and Communication Technologies, there are no
sufficiently regulated in our current criminal regulations, generating a
impunity for those who commit these types of crimes; consequently, it turns out
its classification and the adoption of sufficient mechanisms to facilitate
their detection, investigation and punishment of these new types of crimes.

THEREFORE,
in use of its Constitutional powers and at the initiative of Deputy Douglas Leonardo Mejía Avilés,
of the Legislative Periods 2009 - 2012 and 2012 - 2015.
DECREES, the following:
SPECIAL LAW AGAINST COMPUTER AND RELATED CRIMES
TITLE I
GENERAL DISPOSITION
Object of the Law
Art. 1.- The purpose of this Law is to protect the legal assets of those conducts
crimes committed through Information and Communication Technologies, as well as the
prevention and punishment of crimes committed to the detriment of data stored, processed or
transferred; the systems, their infrastructure or any of their components, or those committed through
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the use of said technologies that affect interests associated with identity, property, privacy and image
of natural or legal persons in the applicable terms and provided for in this Law.
Area of ​application
Art. 2.- This Law shall apply to punishable acts committed totally or partially in the
national territory or in places subject to its jurisdiction. It will also apply to anyone,
natural or legal, national or foreign, for crimes that affect the legal assets of the State, its
inhabitants or protected by International Pacts or Treaties ratified by El Salvador.
In the same way, this Law will be applied if the execution of the act began in the territory
abroad and was consumed in national territory or if they had been carried out, using Technologies of the
Information and Communication installed in the national territory and the person responsible has not been tried
for the same act by foreign courts or has evaded trial or conviction.
Definitions
Art. 3.- For the purposes of this Law, it shall be understood as:
to)

Computer Crime: the commission of this crime will be considered, when using the
Information and Communication Technologies, aiming to carry out
the typical and unlawful conduct for obtaining, manipulating or damaging the
information;

b)

Protected Legal Asset: is the information that guarantees and protects the exercise of rights
fundamentals such as privacy, honor, sexual integrity, property, property
intellectual, public safety, among others;

c)

Computer Data: is any representation of facts, information or concepts in
a digital or analog format, which can be stored, processed or transmitted
in a computer system, whatever its location, as well as the characteristics
and specifications that allow describing, identifying, discovering, assessing and managing the
data;

d)

Computer Data Storage Medium: it is any device from the
which information is capable of being read, recorded, reproduced or transmitted with or without
the help of any other suitable means;

and)

Computer System: it is an element or group of elements interconnected or
related, being able to be electronic, computer programs, communication links
or the technology that will replace them in the future, oriented to the treatment and administration
data and information;

F)

Electronic Communication: is any transmission of computer data, the content of which
can consist of audio, text, images, videos, alphanumeric characters, signs,
graphics of various kinds or any other form of equivalent expression, between a

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sender and a recipient through a computer system and other related
with Information and Communication Technologies;
g)

Device: is any mechanism, instrument, device, medium that is used or can
be used to perform any Information Technology function and
Communication;

h)

Intercept: is the action of appropriating, interrupting, listening or recording computer data
content or transmitted in any computer medium before reaching its destination;

i)

Computer Program: is the routine or sequence of instructions in a computer language
determined that runs on a computer system, which may be a computer,
server or any device, for the purpose of processing and
communication of computer data;

j)

Service Provider: is the natural or legal person that offers one or more services
information or communication through computer systems, processing or
data storage;

k)

Computer Data Traffic: are those that are transmitted by any means
technological, being able to show the origin, destination, route, time, date, size, duration of
communication, among others;

l)

Information and Communication Technologies: is the set of technologies that
allow the treatment, communication of data, registration, presentation, creation,
administration, modification, management, movement, control, visualization, distribution,
exchange, transmission or reception of information automatically, by voice,
images and data contained in signals of an acoustic, optical or electromagnetic nature,
among others;

m)

Personal Data: is the private information concerning a person, identified or
identifiable, relative to their nationality, domicile, assets, electronic address,
telephone number or other similar;

n)

Sensitive Personal Data: are those that correspond to a person in relation to the
creed, religion, ethnic origin, political affiliation or ideologies, union affiliation, preferences
sexual, physical and mental health, moral, family situation and other intimate information
of a similar nature or that could affect the right to honor, to one's own image, to
personal and family privacy;

or)

Pornographic Material of Girls, Boys and Adolescents: it is all aural representation
or visual, either in image or video, adopting a sexual behavior
explicit, real or simulated of a person who appears to be a girl, boy or adolescent
adopting such behavior. Pornographic material will also be considered,
realistic images that represent a girl, boy or adolescent adopting a
sexually explicit behavior or real or simulated images of parties

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genitalia or nudity of a girl, boy or adolescent for sexual purposes;
p)

Smart Card: it is the device that allows by executing a program
obtaining goods, services, properties or information; Y,

q)

Social Networks: it is the structure or virtual community that makes use of technological means
and communication to access, establish and maintain some type of link or
relationship, through the exchange of information.
TITLE II
OF CRIMES
CHAPTER I
OF CRIMES AGAINST TECHNOLOGICAL INFORMATION SYSTEMS

Improper Access to Computer Systems
Art. 4.- Anyone who intentionally and without authorization or exceeding that which has been granted,
access, intercept or use partially or totally a computer system that uses the Technologies of the
Information or Communication, will be punished with imprisonment from one to four years.
Improper Access to Computer Programs or Data
Art. 5.- Anyone who knowingly and with the intention of using any device of the Technology of
Information or Communication, partially or totally access any program or data
stored in it, with the purpose of appropriating them or committing another crime with them, will be
sanctioned with two to four years' imprisonment.
Computer System Interference
Art. 6.- Anyone who intentionally and by any means interferes or alters the operation of
a computer system, temporarily or permanently, will be punished with imprisonment from three to five
years.
Interference or alteration will be considered aggravated if it falls on programs or systems
public computer systems or computer systems intended for the provision of health services,
communications, supply and transport of energy, means of transport or other public service,
or intended for the provision of financial services, the prison sentence will be three to six years.
Damage to Computer Systems
Art. 7.- Whoever destroys, damages, modifies, executes a program or performs any act that alters
the operation or partially or totally disable a computer system that uses the Technologies of
Information and Communication or any of the components that make them up, will be sanctioned
with a prison term of three to five years.

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If the crime provided for in this article is committed in a negligent way, through recklessness,
negligence, inexperience or non-observance of the established norms, will be punished with imprisonment of one
to three years.
If the crime provided for in this article is committed against any of the
components of a computer system that use Information and Communication Technologies,
that are intended for the provision of public or financial services, or that contain information
personal, confidential, reserved, patrimonial, technical or proper to natural or legal persons, the sanction
imprisonment will be three to six years.
Possession of Equipment or Provision of Services for Security Breach
Art. 8.- Anyone who, using Information and Communication Technologies, possesses, produces,
provide, sell equipment, devices, computer programs, passwords or access codes; with the
purpose to violate, unlawfully eliminate the security of any computer system, offer or
provide services intended to fulfill the same purposes to commit any of the established crimes
in the present Law, it will be punished with imprisonment of three to five years.
System Security Breach
Art. 9.- The person who, without having the corresponding authorization, violates the security of
a restricted or protected computer system with a specific security mechanism, will be sanctioned
with a prison term of three to six years.
The same sanction will be incurred by anyone who induces a third party to involuntarily execute a
program, message, instructions or sequences to violate security measures.
Anyone who executes the behaviors described in Arts. 8 and 9 subsection
first of this Law, when with the authorization of the empowered person, actions are carried out with the
object of conducting technical tests or performance audits of equipment, processes or programs.
CHAPTER II
OF COMPUTER CRIMES
Computer scam
Art. 10.- Anyone who manipulates or influences the entry, processing or result of the data of
a system that uses Information and Communication Technologies, either through the use of
false or incomplete data, the improper use of data or programming, using any operation
computer science or technological artifice or by any other action that affects the processing of data
system or that results in false, incomplete or fraudulent information, with which you seek or
obtain an undue patrimonial benefit for himself or another, he will be punished with imprisonment from two to five
years.
It will be sanctioned with imprisonment of five to eight years, if the behaviors described in the previous paragraph
are committed under the following assumptions:
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to)

To the detriment of State properties;

b)

Against banking systems and financial entities; Y,

c)

When the author is an employee in charge of managing, supporting the system, network
information technology, telematics or that by reason of their functions have access to said system,
network, electronic, optical or magnetic containers.

Computer Fraud
Art. 11.- He who through the improper use of Information Technologies and
Communication, using any manipulation in computer systems or any of its
components, computer data or information contained therein, manage to insert false instructions
or fraudulent that produce a result that allows obtaining a benefit for themselves or for a third party
to the detriment of others, he will be punished with a prison term of three to six years.
Computer Espionage
Art. 12.- Whoever obtains data, reserved or confidential information for improper purposes
contained in a system that uses Information and Communication Technologies or in any
of its components, will be punished with imprisonment of five to eight years.
If any of the behaviors described in the previous paragraph are committed in order to obtain
benefit for themselves or for another, the security of the State, the reliability of the operation
of the affected institutions, any damage will result to natural or legal persons such as
consequence of the disclosure of reserved, confidential or secret information
banking, the penalty will be six to ten years in prison.
Theft by Computer Means
Art. 13.- Whoever, through the use of Information and Communication Technologies, is
seize tangible or intangible assets or values ​of a personal or patrimonial nature, subtracting them
to its owner, holder or possessor, in order to obtain an economic benefit for himself or for another,
He will be punished with imprisonment for two to five years.
Denial of Service Techniques
Art. 14.- He who intentionally, using the techniques of denial of service or
equivalent practices that affect users who have membership in the affected system or network,
makes it impossible to obtain the service, he will be punished with a prison term of three to five years.

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CHAPTER III
RELATED COMPUTER CRIMES
WITH THE CONTENT OF THE DATA
Record Manipulation
Art. 15.- The Administrators of the Technological Platforms of public or private institutions,
that disable, alter, hide, destroy, or render useless in whole or in part any information, data
content in an access record, use of the components of these, will be sanctioned with imprisonment of
five to eight years.
If the behaviors described in the previous paragraph, favor the commission of another crime, the sanction
it will be aggravated up to a third of the maximum indicated.
Fraudulent Tampering with Smart Cards or Similar Instruments
Art. 16.- Anyone who intentionally and without due authorization by any means creates, captures,
record, copy, alter, duplicate, clone or delete computer data contained on a smart card
or in any instrument intended for the same purposes; in order to incorporate, modify users,
accounts, records, unrecognized consumptions, the current configuration of these or of the data in the system,
He will be punished with a prison term of five to eight years.
The same penalty shall be incurred by whoever, without having taken part in the previous events, acquires,
trade, own, distribute, sell, perform any type of smart card brokering
or instruments for the same purpose or computer data contained in them or in a system.
Improper Obtaining of Goods or Services through Smart Cards or Media
Similar
Art. 17.- Anyone who without authorization uses a third-party smart card or instrument intended to
the same purposes, misuse Information and Communication Technologies for the
obtain any good or service, make any type of payment without disbursement or assuming obligation
Any for the consideration obtained, will be punished with imprisonment from three to eight years.
Improper Provision of Goods or Services
Art. 18.- Anyone who uses smart cards without justification through a computer system
or similar instruments for the same purposes, whose validity has expired or has been revoked
by the institution that issued it, or that has been obtained in order to supplant the identity contained in
said smart cards, will be punished with imprisonment of five to eight years.
Anyone who falsifies or alters the data of smart cards or similar instruments, in order to
to provide whoever presents them with money, goods or services, or any other object of economic value,
the sanction will increase up to one third of the maximum of the penalty foreseen in the previous paragraph.

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Alteration, Damage to the Integrity and Availability of Data
Art. 19.- Whoever violates the security of a computer system destroys, alters, duplicates,
disable or damage the information, data or processes, in terms of its integrity, availability and
confidentiality in any of its income, processing, transmission or storage states,
He will be punished with a prison term of three to six years.
Data Interference
Art. 20.- Anyone who interferes, obstructs or interrupts the legitimate use of data or produces them harmful
and ineffective, to alter or destroy the data of a third party, will be punished with imprisonment from three to six
years.
If any of the behaviors described in the previous paragraph falls on data, documents,
public computer programs or systems or on data intended for the provision of health services,
communications, banking systems, financial entities, energy supply and transportation,
means of transport or other public service, the prison sentence will be five to eight years.
Interception of Transmissions between Information Technology Systems and
Communication
Art. 21.- The person who without justification intercepts any transmission by technological means
to, from or within a computer system that is not available to the public; or emissions
electromagnetic data that are carrying data from a computer system, will be sanctioned with imprisonment of
seven to ten years.
Identity Theft
Art. 22.- Whoever impersonates or seizes the identity of a natural or legal person by
means of Information and Communication Technologies, will be punished with imprisonment from three to five
years.
If the conduct described in the previous paragraph damages, extorts, defrauds, insults or threatens
to another person to cause harm or obtain benefits for himself or for third parties and the
Power of attorney rests on personal, confidential or sensitive data defined in the Access Law
to Public Information, will be punished with imprisonment of five to eight years.
Unauthorized Disclosure
Art. 23.- Whoever without authorization discloses a code, access password or any other
means of accessing a program or data stored on a computer or technological device, in order to
to profit from himself, to a third party or to commit a crime, he will be punished with imprisonment from five to eight
years.
The same sanction will have the one that without authorization reveals or disseminates the data or information, contents
in a computer system that uses Information and Communication Technologies or in any
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of its components, in order to obtain some kind of benefit for themselves or for another.
If any of the behaviors described in the previous paragraphs endanger the safety of the
State, the reliability of the operation of the affected institutions or will result in any damage to the
natural or legal persons, as a consequence of the disclosure of information of a nature
reserved, it will be sanctioned with prison of six to twelve years.
Use of Personal Data
Art. 24. - Anyone who without authorization uses personal data through the use of
Information and Communication, violating confidentiality and data security systems, inserting
or modifying the data to the detriment of a third party, it will be sanctioned with imprisonment of four to six years.
The sanction will increase up to a third of the maximum of the penalty foreseen in the subsection
prior to whoever provides or reveals to another, information recorded in a file or in a database
personal whose secret it is obliged to preserve.
Obtaining and Transferring Confidential Information
Art. 25.- Anyone who deliberately obtains and transfers information of a confidential nature and who
Through the use of this information violates a computer system or data relying on any
class of Information and Communication Technologies, including electromagnetic emissions,
He will be punished with a prison term of five to eight years.
Improper Disclosure of Personal Data or Information
Art. 26.- Whoever, without the consent of the owner of the private and personal information
disclose, disseminate or assign, in whole or in part, said information or data referred to in this
article, be they in images, video, text, audio or others, obtained by any of the media
indicated in the preceding articles, will be punished with imprisonment from three to five years.
If any of the behaviors described in the previous paragraph, had been carried out for profit,
the commission of another crime or the dissemination of explicit sexual material to the detriment of a third party, will be sanctioned
with imprisonment of four to eight years.
The maximum limit of the penalty of the previous paragraph will be imposed, increased by up to a third,
If any of the behaviors described in the first paragraph of this article, falls on data
confidential or sensitive personnel defined in the Law on Access to Public Information.
Harassment through Information and Communication Technologies
Art. 27.- Anyone who engages in unwanted sexual conduct by the recipient, involving phrases, signs
or other unequivocal conduct of a sexual nature or content, through the use of the Technologies of
Information and Communication will be punished with a prison term of four to six years.

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CHAPTER IV
COMPUTER CRIMES AGAINST GIRLS, BOYS AND
ADOLESCENTS OR PEOPLE WITH DISABILITIES
Pornography through the Use of Information and Communication Technologies
Art. 28.- Anyone who by any means that involves the use of Information Technologies
and the Communication manufactures, transfers, diffuses, distributes, rents, sells, offers, produces, executes,
exhibits or shows pornographic, sexual material between girls, boys and adolescents or people with
disability, will be punished with imprisonment from four to eight years.
Who does not notice in a visible way the content of the pornographic or sexual material that is
transmit through the use of Information and Communication Technologies, not suitable for girls,
children, adolescents or people with disabilities will be punished with a prison term of three to five years.
Use of Girls, Boys, Adolescents or Persons with Disabilities in Pornography through
of the Use of Information and Communication Technologies
Art. 29.- Anyone who by any means that involves the use of Information Technologies
and the Communication produces, reproduces, distributes, publishes, imports, exports, offers, finances, sells,
trade or disseminate in any way, images, videos or exhibits in sexual, erotic or sexual activities
unequivocal of a sexual nature, explicit or not, real or simulated, or uses the voice of girls, boys,
adolescents or people with disabilities, will be punished with imprisonment from eight to twelve years.
The same sanction will be imposed on those who, through Information Technologies and
Communication organize or participate in public or private shows, in which the
the people indicated in the previous paragraph, in pornographic or erotic actions.
Acquisition or Possession of Pornographic Material of Girls, Boys, Adolescents or People
with Disabilities through the Use of Information and Communication Technologies
Art. 30.- Whoever acquires for himself or for a third party through any means that involves
the use of Information and Communication Technologies, or possesses pornographic material in which
a girl, boy, adolescent or person with a disability or their image has been used for their
production, will be punished with imprisonment of two to five years.
The same sanction will be applied to those who have computer data storage devices
or through any means that involves the use of Information and Communication Technologies,
pornographic material in which a girl, boy, adolescent or person with a disability has been used
or your image for your production.
Corruption of Girls, Boys, Adolescents or Persons with Disabilities through the Use of
The technologies of the information and communication
Art. 31.- Whoever maintains, promotes or facilitates the corruption of a girl, boy, adolescent or
person with a disability for erotic, pornographic or obscene purposes, through the Technologies of
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Information and Communication, although the girl, boy, adolescent or person with a disability
consent, you will be punished with imprisonment from eight to twelve years.
The same sanction will be imposed on whoever makes implicit or explicit proposals to hold meetings
of a sexual or erotic nature, or for the production of pornography through the use of the Technologies of
Information and Communication for oneself, for another or for groups, with a girl, boy, adolescent or
Person with Disability.
Harassment of Girls, Boys and Adolescents or People with Disabilities through the Use of
Technology of the information and communication
Art. 32.- Whoever torments, harasses, humiliates, insults, denigrates or any other type of conduct that affects
normal personality development, threatens psychological or emotional stability, puts at risk
the life or physical safety of a child, adolescent or person with a disability, through the use of
of Information or Communication Technologies, will be punished with imprisonment of two to four years.
The penalty will be aggravated by imprisonment from four to eight years, for those who carry out conduct that implies
phrases, signs or other unequivocal action of a sexual nature or content against a girl, boy, adolescent
or person with a disability, through the use of Information and Communication Technologies.
Common Aggravating Conditions
Art. 33.- The crimes referred to in this Chapter will be punished with the maximum penalty.
corresponding, increased by up to a third of the maximum established of the penalty and the
Disqualification from exercising their profession for the duration of the sentence, if any of the
actions described were carried out by:
to)

Ascendants, descendants, siblings, adopters, adoptees, spouses, partner
and relatives up to the fourth degree of consanguinity and second degree of affinity;

b)

Officials, public and municipal employees, public authority and agent of authority;

c)

The person in charge of the guardianship, protection or surveillance of the victim; Y,

d)

Any person who, taking advantage of the superiority originated by relationships of trust,
domestic, educational, work or any other relationship.

CHAPTER V
CRIME AGAINST THE ECONOMIC ORDER

Impersonation in Marketing Acts
Art. 34.- Whoever, without authorization and on behalf of a third party, through the use of the Technologies
Information and Communication, sell or market goods or services, impersonating
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producer, supplier or authorized distributor, will be punished with imprisonment of three to five years.
The conduct described in the previous paragraph will be aggravated with a prison sentence of four to six years,
when the sale or commercialization involves medicines, supplements or food products,
drinks or any product for human consumption.

TITLE III
FINAL PROVISIONS

Other Responsibilities
Art. 35.- The sanctions provided for in this Law shall be applicable without prejudice to other
criminal, civil or administrative responsibilities incurred.
For the deduction of civil liability, the provisions of the applicable regulations will be followed.
Validity
Art. 36.- This Decree shall enter into force eight days after its publication in the Gazette.
Official.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the fourth day of the month
February of the year two thousand and sixteen.
LORENA GUADALUPE PEÑA MENDOZA,
CHAIRWOMAN.
GUILLERMO ANTONIO GALLEGOS NAVARRETE,

ANA VILMA ALBANEZ DE ESCOBAR,

FIRST VICE PRESIDENT.

SECOND VICE PRESIDENT.

JOSÉ SERAFÍN ORANTES RODRÍGUEZ,

NORMAN NOEL QUIJANO GONZÁLEZ,

THIRD VICE PRESIDENT.

FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO,
FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT,

DAVID ERNESTO REYES MOLINA,

FIRST SECRETARY.
MARIO ALBERTO TENORIO GUERRERO,

SECOND SECRETARY.
REYNALDO ANTONIO LÓPEZ CARDOZA,

THIRD SECRETARY.
JACKELINE NOEMÍ RIVERA ÁVALOS,
FIFTH SECRETARY.

FOURTH SECRETARY.
JORGE ALBERTO ESCOBAR BERNAL,
SIXTH SECRETARY.

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ABILIO ORESTES RODRÍGUEZ MENJÍVAR,
SEVENTH SECRETARY.

JOSÉ FRANCISCO MERINO LÓPEZ,
EIGHTH SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, on the twenty-sixth day of February of the year two thousand
sixteen.
BE PUBLISHED,
Salvador Sánchez Cerén,
Republic President.
Mauricio Ernesto Ramírez Landaverde,
Minister of Justice and Public Security.

DO N ° 40
Volume N ° 410
Date: February 26, 2016
SV / ielp
03-30-2016

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