Crimes Relating to Infant Pornography
Within the category of crimes against sexual freedom, there are crimes which are committed against the sexual freedom of minors (under 16 years of age). Generally, our Spanish Lawyers describe these types of crime as those which are refer to facts relating to the distribution and possession of infant pornography. Sentencing for this crime is described in the Criminal Sentence Nº 60/2010, Preliminary Hearing of Murcia, Section 2, Rec 2/2010 of the 24th of September 2010, or the Criminal Sentence Nº 359/2010, Preliminary Hearing of A Coruña, Section 2, Rec 269/2010 of the 20th of September 2010.
The first possible difficulty refers to the concept of infant pornography, well – as indicated in the Notice 2/2015 of the FGE, this can vary. The STS 271/2012, of the 16th of March, following the advice of Europe, defined infant pornography as “any audio-visual material which uses children in a sexual context”. The material can focus on the sexual behaviour of the minor, or on their genital organs.
Generally, to be condemned for the distribution of infant pornography, the tribunal considers various factors, such as: the possession of a large quantity of illicit materials; the participation in paedophilic forums; receiving pornographic images or videos from other users; or acts of buying and exchanging.
Since the legal reforms of 2015, virtual pornography has become incorporated with other pornography. This type of pornography is not considered a crime in some countries, so this can result in some foreigners believing that it is also legal in Spain. There could be room for debate, for example, if a manga of this type would be a crime. If the drawing is not realistic it would be able to be considered to not include pornographic images. However, they would have to look at how the jurisprudence develops, and the concrete images and evidence for each case.
If you have been accused of any crimes relating to infant pornography, please get in contact with a Criminal Lawyer immediately. Our Spanish Lawyers, based in Barcelona, can help you with cases relating to infant pornography, amongst many others. We can help manage cases in any city within Spain (Barcelona, Madrid, etc.). Please do not hesitate to get in contact with our firm should you require advice relating to a similar case.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers.