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Crimes relating to infant pornography - victims or accused.

Crimes Against the Sexual Freedom of Minors

Crimes against minors are considered to be extremely grave crimes. Physical integrity and morals of people are outlined in the Constitution, with sexual freedom being a fundamental right.

The Criminal Code outlines various crimes which can be committed against sexual freedom, including:

  • Sexual aggression

  • Sexual abuse

  • Sexual bullying

  • Exhibitionism

  • Sexual provocation

  • Prostitution

  • Corruption

It is also a crime to carry out sexual acts with minors (under the age of 16). There is a more severe punishment when the alleged acts are committed using violence or intimidation, or when through violence or intimidation, a minor is encouraged to participated in actions of a sexual nature, with a third party or to carry them out on oneself.

Furthermore, it is a crime for a person, with sexual aims, to encourage a person younger than 16 years of age to participate in behaviour of a sexual nature, or to make them carry out acts of a sexual nature, although the perpetrator does not partake in them. This could occur via the internet, telephone, or any other technology or communication which allows communication with the minor, including the proposal to arrange a meeting with the perpetrator, with the aim of committing any of the outlined crimes. Provided that such a proposition is accompanied by material acts aimed at the approach of the minor. Similarly, there are more severe and serious sentences when the contact is made under duress, threats, or lies.

Also, via the internet, telephone, or any other technology or communication, to contact a minor of 16 years of age and to carry out acts to deceive them to facilitate pornographic material, or to show them pornographic images, in which a minor appears, the facilitator will be punished with a prison sentence.

The free consent of the minor of 16 years of age will rule out the criminal responsibility for the crime, should the perpetrator be a person close in age to the minor, and in level of development or maturity.

Our Criminal Lawyers in Spain indicate that it is evident that the most sensible option would be to not become involved in a sexual relationship without before receiving correct advice. Regarding the concept of a person of a close age and grade of development or maturity, it can be difficult to determine. A judicial concept which has not been determined by Law.

Within the crime of exhibitionism, is the carrying out, or making another person carry out, actions of obscene exhibitionism before minors and disabled persons. In addition, should a person, through any direct means, sell, distribute, or showcase pornographic materials amongst minors or people with disabilities needing special protection, will be punished with a prison sentence.

There are many other possible crimes related to crimes against the sexual freedom of minors and it is important to use the correct defence, should you be accused of a crime. Therefore, if you have been accused of a crime of a similar nature, you should contact an expert criminal lawyer. Our criminal lawyers have years of experience in the courts of Barcelona, Madrid and the rest of Spain, and they will be able to help with every aspect of your case.

Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing info@pineradelolmo.com, or by telephoning +34 93 514 39 97 .

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant for your case please contact us.