1. Anyone who solicits sexual favors, for themselves or for a third party, within the context of an employment, teaching, service provision, or similar relationship, whether continuous or habitual, and whose behavior creates an objectively and seriously intimidating, hostile, or humiliating situation for the victim, shall be punished, as the perpetrator of sexual harassment, with imprisonment for six to twelve months or a fine of ten to fifteen months and special disqualification from practicing the profession, trade, or activity for twelve to fifteen months.
2. If the perpetrator of sexual harassment committed the act by taking advantage of a position of superiority in the workplace, teaching, or hierarchy, or over a person under their care or custody, or with the express or tacit threat of causing the victim harm related to the legitimate expectations that the victim may have within the context of the aforementioned relationship, the penalty shall be imprisonment for one to two years and special disqualification from practicing the profession, trade, or activity for eighteen to twenty-four months.
3. Likewise, if the perpetrator of sexual harassment committed the act in juvenile protection or reform centers, immigration detention centers, or any other detention, custody, or reception center, including temporary stay centers, the penalty shall be imprisonment for one to two years and special disqualification from practicing the profession, trade, or activity for eighteen to twenty-four months, without prejudice to the provisions of Article 443.2.
4. When the victim is in a situation of special vulnerability due to age, illness, or disability, the penalty shall be imposed in its upper half.
5. When, in accordance with the provisions of Article 31 bis, a legal entity is responsible for this offense, it shall be subject to a fine of six months to two years. Subject to the rules established in Article 66 bis, judges and courts may also impose the penalties set forth in subparagraphs b) through g) of paragraph 7 of Article 33.