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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
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.