Penalty Info

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Sexual assault / rape (estupro)Verified against official source

Verified against official source

This range was checked against the official legal text. Last verified: 2026-10-19.

Statutory range

Art. 213 caput

Imprisonment
Reclusão 6–10 years
Fine
—

Art. 213 § 1º — grave bodily injury, or victim under 18 and over 14

Imprisonment
Reclusão 8–12 years
Fine
—

Art. 213 § 2º — death

Imprisonment
Reclusão 12–30 years
Fine
—

Art. 217-A caput — child under 14 or person without necessary discernment / unable to resist

Imprisonment
Reclusão 10–18 years
Fine
Multa

Lei 15.280/2025; prior: 8–15 years, no fine.

Art. 217-A § 3º — grave bodily injury

Imprisonment
Reclusão 12–24 years
Fine
Multa

Prior: 10–20 years.

Art. 217-A § 4º — death

Imprisonment
Reclusão 20–40 years
Fine
Multa

Prior: 12–30 years.

Note on this entry

Tiers turn on victim age and result. Art. 217-A § 5º: penalties apply regardless of victim consent / prior sexual relations. § 4º-A (Lei 15.353/2026): the presumption of vulnerability is absolute. Related articles (art. 215 violation by fraud 2–6 years; art. 215-A 1–5 years; art. 218-B) are separate articles — not folded into art. 213.

Source

Statute
Código Penal, art. 213; art. 217-A (estupro de vulnerável)
Official source
planalto.gov.br
Verification status
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, consent / coercion assessment, attempt, concurrence, discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.