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 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.
As indicated in the Notice 2/2015 of the FGE the concept of infant pornography 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”. Consequently, it has been defined that such material may 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 2015 legal reforms, virtual pornography has been incorporated with other pornography. However, in some countries, this type of pornography is not considered a crime. Resulting 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 could 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.
What to do next
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.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.