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Before and now
What really changes for school life under the new Criminal Code — and what was already this way, even if few people were looking.
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Almost nothing that is a criminal offense today was “allowed” before. Ley 136-03 (the Code for the Protection of Children and Adolescents) and the rules of MINERD (the Dominican Ministry of Education) — the Normas de Convivencia (the school-coexistence rules, Ordenanza 05-2023) and the Código de Ética (the code of ethics for schools, Orden Departamental 22/2023) — already prohibited most of these behaviors; what was missing was the criminal-law name, the weight of the penalty, or a criminal layer over a duty that was only handled through disciplinary channels. This table compares the present with those rules in force and with what used to happen in schools, not with the repealed code. The Criminal Code (Ley 74-25, amended by Ley 44-26) has been in force since August 2026 (Art. 393, Ley 74-25); only the regime of criminal liability for legal persons (Arts. 8-11) takes effect three months after 5 August 2026 (Art. 31, Ley 44-26).
From the school rulebook to the Code
Now it has a name of its own
Behaviors the school already handled as disciplinary offenses now have a criminal offense with a name, a description and a penalty. Naming them gives teachers, families and prosecutors a shared language.
School harassment (“bullying”)
It was a very serious disciplinary offense: the Normas de Convivencia define it as repeated mistreatment between peers and require intervention through mediation and educational measures. Criminal law did not describe the conduct under a name of its own.
Ordenanza 05-2023, Arts. 5 f and 23 a; Ley 136-03, Arts. 12-13The Code defines harassment “in the educational sphere” as a criminal offense: mockery, insults, exclusion or isolation intended to humiliate or intimidate (Art. 121). If the victim is a child or adolescent, it is aggravated (Art. 122). Ley 44-26 removed the word “bullying” from the legal text; the conduct defined is the same.
Art. 121 Ley 74-25 Art. 122 Ley 74-25Activate the mediation team from the very first sign and document every intervention.
Sexual harassment within the educational relationship
The Código de Ética prohibited “any kind of harassment” and punished it with suspension or dismissal; Ley 136-03 already made abuse by someone in a relationship of authority, custody or supervision a criminal offense. The route was mainly disciplinary.
Orden Departamental 22/2023, Arts. 14 and 20-22; Ley 136-03, Art. 396Sexual harassment “within a relationship of power, authority, trust or subordination”, academic settings included, is a criminal offense in its own right: 2 to 5 years (Art. 145, Párrafo II); by electronic means or through social media, 2 to 3 years (Párrafo I). Art. 396 of Ley 136-03 remains in force.
Art. 145 Ley 74-25 Art. 396 Ley 136-03Keep every digital communication with students on group and institutional channels, never one-to-one.
Photos, videos and doctored images involving minors
Posting about members of the school community without consent was a disciplinary offense, and Ley 136-03 already protected a student’s image, including by electronic means, without describing each digital behavior.
Ordenanza 05-2023, Arts. 20 e and 23 k; Ley 136-03, Arts. 12-13Disclosing a minor’s image or personal data in a way that stigmatizes them: 2 to 5 years (Art. 186, Párrafo III). Spreading intimate content or creating false composites “by means of montages or by any other form” is a criminal offense (Art. 192); we understand that open-ended wording to reach material generated with AI tools, even though the Code does not name them; where the victim is a minor, 5 to 10 years (Párrafo II.3). Cyber-harassment: 2 to 5 years (Art. 123).
Art. 186 Ley 74-25 Art. 192 Ley 74-25 Art. 123 Ley 74-25Ask for written consent before photographing or posting any student.
Fake accounts and identity theft
Creating fake profiles or hacking accounts was a very serious offense under the Normas de Convivencia, handled through the school’s disciplinary route.
Ordenanza 05-2023, Art. 23 lIdentity theft — passing yourself off as another person by electronic means, or using their passwords and data to break the law — carries 5 to 10 years for adults (Art. 188). An adolescent — from their thirteenth birthday until the day they turn 18, that day included — answers to the specialized justice system of Ley 136-03, not to those penalties.
Art. 188 Ley 74-25 Art. 225 Ley 136-03Teach in class what digital impersonation is and why the law now gives it a name.
Authority as an aggravating factor
Now it matters more who does it
The relationship of authority and trust between an educator and a student is now an express aggravating circumstance. Read the other way round, it is a statement of how much that trust is worth.
Sexual assault or rape with abuse of authority
Ley 136-03 already named the “maestro” (teacher) among those who abuse from a relationship of authority, custody or supervision, with a penalty of 2 to 5 years; the everyday emphasis was disciplinary.
Ley 136-03, Art. 396; Orden Departamental 22/2023, Art. 3Abusing “the authority conferred by their duties or the trust placed in them” aggravates sexual assault (Art. 134, Párrafo II.2) and rape (Art. 137.4). Against a child or adolescent, committed by an adult: 20 to 30 years (Art. 134, Párrafo III). Art. 396 of Ley 136-03 coexists with these offenses.
Art. 134 Ley 74-25 Art. 137 Ley 74-25 Art. 396 Ley 136-03Keep the teaching relationship inside the limits of the Código de Ética: that is the boundary the law rewards.
Sexual exploitation: authority, whether in law or in fact
Ley 136-03 already punished the commercial sexual exploitation of minors (Arts. 410-411, now replaced by Ley 74-25); the imbalance of power was handled as an ethical principle: the assessment falls on whoever holds more power.
Ley 136-03, Arts. 410-411 (derogados por el Art. 391.5, Ley 74-25); Orden Departamental 22/2023, Art. 3The penalty rises from 10 to 20 years up to 20 to 30 when the perpetrator “holds over [the victim] any public or private authority, whether legal or de facto, salaried or not” (Art. 181.1). That reaches teachers, coaches, drivers and the school’s support staff.
Art. 179 Ley 74-25 Art. 181 Ley 74-25Check references and background for every adult with access to students, external staff included.
Intimate content spread from a relationship of power
What used to happen in schools: material an adult obtained from a student was treated as an internal scandal, met with a disciplinary response and, at times, with silence. The ethical duty not to harass already existed.
Práctica en los centros; Orden Departamental 22/2023, Art. 14Unlawfully spreading intimate content is aggravated to 5 to 10 years of greater imprisonment (prisión mayor) where there is a “relationship of authority, trust or power over the victim” (Art. 192, Párrafo II.4) and where the victim is a child or adolescent (Párrafo II.3).
Art. 192 Ley 74-25Report immediately any intimate material involving a student; do not forward it and do not keep it.
Abandonment resulting in death: the “maestro”, named
The duty of supervision and care already existed as a professional obligation: outings only with written authorization from the Equipo de Gestión (the school management team) and from families, constant supervision, applicable off the premises as well. A failure to meet it was handled through the disciplinary route.
Orden Departamental 22/2023, Art. 12; Ordenanza 05-2023, Arts. 1-3 and 9The Code names the “maestro” (teacher) literally: if the abandonment of a minor under their duty of care is followed by death, the penalty is 20 to 30 years (Art. 215, Párrafo II, texto 44-26). Simple abandonment by someone with a duty of supervision or care: 2 to 3 years (Art. 214).
Art. 214 Ley 74-25 Art. 215 Ley 74-25Plan every outing with written permissions, enough accompanying adults and a verified contact list.
From administrative duty to criminal offense
Now it is also a criminal matter
Duties already written into the MINERD instruments gain a criminal layer. The other side of it, just as important: anyone who acts in good faith remains fully protected by Ley 136-03.
Staying silent about a known case of abuse
Reporting knowledge or suspicion of abuse was already compulsory for teachers and principals, in both public and private schools; failing to do so was punished with a fine of 1 to 3 minimum wages before the Tribunal de Niños, Niñas y Adolescentes (the children and adolescents court).
Ley 136-03, Art. 14 y Párrafo; Ordenanza 05-2023, Art. 11Failing to inform the authorities about ill-treatment or sexual offenses against a minor is a criminal offense: 2 to 3 years (Art. 325); a public servant who refrains from reporting: 2 to 3 years and a fine (Art. 327). Anyone who reports in good faith remains “exempt from criminal and civil liability” (Art. 14, Ley 136-03).
Art. 325 Ley 74-25 Art. 327 Ley 74-25 Art. 14 Ley 136-03Report every suspicion within 24 hours through the school channel and leave a written record.
The counselor’s professional secrecy
What used to happen in schools: counselors and psychologists hesitated between the confidentiality promised to the student and the duty to report. The duty to refer abuse cases within 24 hours was already set out in the Código de Ética.
Práctica en los centros; Orden Departamental 22/2023, Art. 42The Code settles the doubt: disclosing a professional secret is a criminal offense (Art. 195), but informing the authorities about sexual offenses, cruelty or any other serious offense against a minor is not (Art. 196.3). The exemption for whoever reports in good faith (Art. 14, Ley 136-03) still stands.
Art. 195 Ley 74-25 Art. 196 Ley 74-25 Art. 14 Ley 136-03Explain to the student, before you listen, that there are situations you are required to report in order to protect them.
Everyday supervision of the class
Taking attendance, supervising break time, never leaving the class unattended: everyday expressions of the duty of protection that the MINERD instruments state in general terms — and that apply off the premises as well — assessed through the disciplinary route.
Orden Departamental 22/2023, Arts. 12-13; Ordenanza 05-2023, Arts. 1-3 and 9Someone who is a guarantor of a student’s protection and who, being able to prevent a serious outcome, does not act, may be liable for commission by omission (Art. 12). Not every injury at school is a criminal offense: it requires a duty, a real possibility of preventing it and an omission equivalent to causing it. Documented routine protects you.
Art. 12 Ley 74-25Turn your supervision routines into records: attendance lists, playground duty rosters, student hand-over logs.
Common myths
What did NOT change (and many believe did)
Rumors about the new Code tend to credit it with changes it never made. Clearing them up protects school life just as much as knowing the real changes does.
The age of criminal responsibility
Since 2003, children under 13 are never criminally responsible, and adolescents — from their thirteenth birthday until the day they turn 18, that day included — answer to a specialized justice system whose declared purpose is education, rehabilitation and social reintegration.
Ley 136-03, Arts. 223 Párrafo, 225 y 326Exactly the same. The new Code sets no age of criminal responsibility and does not touch those rules: its prison terms are for adults, and the aggravating factors for a “child or adolescent victim” always refer to the victim, never to the perpetrator. Deprivation of liberty for juveniles remains exceptional (Art. 336, Ley 136-03).
Art. 223 Ley 136-03 Art. 225 Ley 136-03 Art. 336 Ley 136-03Correct the rumor whenever you hear it: a 12-year-old student never goes to prison, and a 15-year-old answers to the juvenile justice system.
The criminal liability of the school as an institution
Neither Ley 136-03 nor the MINERD rules provided for criminal liability of the school as an institution: sanctions were disciplinary or administrative and fell on individuals.
Ley 136-03; Orden Departamental 22/2023, Arts. 15-28The regime exists (Arts. 8-11, Ley 74-25), but it is not yet in force: it takes effect three months after 5 August 2026 (Art. 31, Ley 44-26). Public schools are exempt as legal persons (Art. 13); a genuine compliance program can exempt or mitigate a private school (Art. 8).
Art. 8 Ley 74-25 Art. 13 Ley 74-25 Art. 31 Ley 44-26Use the window until November 2026 to put a code of conduct, a reporting channel and a compliance officer in place.
A teacher’s authority to correct
The Normas de Convivencia already prescribed formative discipline: dialogue, a warning, holding a phone until the end of the school day, agreements with the family. And they already prohibited corporal, collective and financial punishment.
Ordenanza 05-2023, Arts. 18, 21, 24 y 26; Ley 136-03, Art. 48 dNone of that changed. Correcting, reprimanding and applying educational measures is still exactly what MINERD requires. What the Code punishes is something else: violence, humiliation and degrading treatment (Arts. 119, 121 and 147), which were already prohibited in the classroom.
Art. 119 Ley 74-25 Art. 121 Ley 74-25 Art. 147 Ley 74-25Keep applying the positive discipline in your school’s rulebook: it is good pedagogy and it is your best legal protection.
“Contempt” for insulting a teacher
It has been said repeatedly that, under the new Code, any insult to a teacher would be “contempt of a public official”. The original text of Ley 74-25 did indeed criminalize contempt against any public official or public servant.
Ley 74-25, Art. 310 (texto original)Ley 44-26 limited that offense to the judicial sphere: judges, court clerks, representatives of the Ministerio Público (the public prosecution service), bailiffs, interpreters and court experts (Art. 310). Insults to a teacher are pursued as insult (Art. 210), defamation (Art. 208), threats (Art. 154) or harassment (Art. 143) — real protection, under the right name.
Art. 310 Ley 74-25 Art. 210 Ley 74-25 Art. 208 Ley 74-25 Art. 154 Ley 74-25Document the insult — screenshot, date, witnesses — and channel it through the route that fits, without invoking rules that no longer apply.
How mothers and fathers discipline at home
Ley 136-03 already required that a minor be protected from mistreatment, at home too; raising and correcting a child with respect was never prohibited.
Ley 136-03, Arts. 12-13The Code says it expressly: raising and disciplining your children, respecting the best interests of the child, does not constitute domestic violence (Art. 124, Párrafo IV). What is a criminal offense is physical force, systematic humiliation and intimidation (Arts. 124-126).
Art. 124 Ley 74-25 Art. 126 Ley 74-25Share this clarification at family meetings: it protects the bond and defuses the fear.
Blind spots
What nobody was looking at
Behaviors normalized in the daily life of a school that already clashed with the MINERD rules and that now touch specific criminal offenses.
Photos of students in the staff WhatsApp group
What used to happen in schools: photos of students circulating in staff groups — the fight, the uniform, the “funny story” — without consent. Using digital tools outside their educational purpose was already an ethical offense.
Práctica en los centros; Orden Departamental 22/2023, Arts. 10 y 13Disclosing a minor’s image or personal data in a way that harms their development, honor or reputation, or that stigmatizes their conduct: 2 to 5 years (Art. 186, Párrafo III). Capturing and using personal data without consent: 1 to 2 years (Art. 198), and the institution may be liable too (Art. 199).
Art. 186 Ley 74-25 Art. 198 Ley 74-25 Art. 199 Ley 74-25Clean up the staff groups today: images of students only on institutional channels and only with consent.
Shouting, nicknames and “creative” punishments
What used to happen: shouting, the nickname, mockery in front of the class or a humiliating punishment were tolerated as a teacher’s “character”, even though the rules already prohibited them expressly.
Ordenanza 05-2023, Art. 26; Orden Departamental 22/2023, Arts. 11 y 14; Ley 136-03, Arts. 48 d y 49Cruel or degrading treatment that demeans a person is a criminal offense, aggravated if the victim is a minor: 2 to 3 years (Art. 119). And harassment “in the educational sphere” (Art. 121) does not distinguish the perpetrator’s role: an adult can commit it against a student too.
Art. 119 Ley 74-25 Art. 121 Ley 74-25Review with your team which long-standing practices no longer pass the dignity test.
Class lists and grades on personal phones
What used to happen: class lists, grades, family contacts and photos stored on personal phones, with no controls, because “it is more practical that way”. Sound use of digital tools was already an ethical duty.
Práctica en los centros; Orden Departamental 22/2023, Art. 13Collecting, storing, accessing or disclosing another person’s personal data by automated means without their consent is a criminal offense: 1 to 2 years (Art. 198); the legal person may be liable too (Art. 199). Student data deserves the same care as a case file.
Art. 198 Ley 74-25 Art. 199 Ley 74-25Move student information onto the school’s platforms and delete the personal copies.
The “jokes” that are harassment
What used to happen: comments with sexual overtones, catcalls or persistent jokes towards students or between colleagues were filed away as misunderstandings, even though the Código de Ética already prohibited any kind of harassment.
Práctica en los centros; Orden Departamental 22/2023, Arts. 11 y 14Watching, following, harassing or besieging someone for acts with sexual overtones is sexual harassment (Art. 145): within a relationship of power or in academic settings, 2 to 5 years (Párrafo II); by electronic means, 2 to 3 years (Párrafo I). Persistence that disrupts everyday life is harassment (Art. 143).
Art. 145 Ley 74-25 Art. 143 Ley 74-25Name the behavior when you see it: saying “that is harassment” in time protects everyone.
The team’s commentary
Four views on this table
Español — The Spanish version is the reference text — the legal verification described in the audit report was carried out on it.
Audit report — the independent legal review of this material, with the errors we found and corrected (page in Spanish).
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