Aggravating factors for crimes of production, dissemination and storage of child pornography

Abstract

This article deals with the crimes of production, distribution, purchase and storage of child pornography, from a strictly analytical point of view. Therefore, regardless of any critical considerations about either the appropriateness of addressing these behaviours legislatively or the way in which the Chilean legislature has proceeded with this matter, the work is limited to one of the several difficulties posed by these crimes: the application of the general factors to aggravate punishment provided by the Chilean Criminal Code and special factors regarding crimes against sexual integrity. These include ambush, premeditation, plurality of perpetrators, payment or remuneration offer, ignominious treatment and breach of trust.