Article 365 of the Penal Code of Chile

Article 365 of the Penal Code of Chile
Territorial extent Chile
Enacted12 November 1874
Effective1875
Repealed24 August 2022
Repealed by
Law N.º 21.843
Status: Repealed

Article 365 of the Penal Code of Chile was an article of the Penal Code of Chile that criminalized sodomy between adults. It came into force in 1875 and, for more than 120 years, stipulated for those guilty a sentence of minor imprisonment in the medium degree; that is, between 541 days and 3 years in prison. Together with Article 373, which refers to offenses against "modesty or good customs", Article 365 was used by the police to make numerous arrests and file records of homosexuals throughout the 20th century.

In 1999, the criminalization of sodomy was removed from Article 365, thus decriminalizing homosexuality in Chile, although the age of consent between same-sex couples remained at eighteen. Article 365 was fully repealed on 24 August 2022, with the aim of equalizing the age of consent between heterosexual and homosexual couples.