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On criminal offences related to prostitution

and sexual exploitation and corruption of minors

Child Pornography Lawyers in Spain

On criminal offences related to prostitution and sexual exploitation and corruption of minors

Spanish Criminal Code | We specialize in Child Pornography

 

At Palladino Pellón & Associates, our experienced and dedicated attorneys fight for the best possible outcome in your case. With over a combined 20 years of courtroom experience, we do everything we can to protect you and your future. We work hard and care deeply about achieving results for our clients.

We are well-regarded as one of the best criminal law firms in Spain, and we specialize in child pornography. Our experienced team of criminal lawyers can represent you in any Spanish court for your child pornography case. We can provide criminal law advice, assist you with a criminal appeal or provide representation and specialist advice for a criminal trial.

When you need assistance from an experienced attorney, contact Palladino Pellón Law Firm by calling +34 678 29 88 44 or by email to info@palladinopellon.es and get help 24/7

We are present in key locations in Spain | We have law offices in Madrid, Barcelona and Valencia | We provide our services all over Spain, the Canary Islands and the Balearic Islands.
 

...A prison sentence of one to five years shall be handed down to whoever produces, sells, distributes, displays, offers or facilitates the production, sale, diffusion or display by any medium of child pornography... We are Child Pornography Lawyers in Spain



 

Child Pornography Lawyers in Spain | Corporate video of our Criminal Defense Lawyers in Spain

 

Spanish Criminal Law on Child Pornography

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Article 189

 

Article 189

 

1. A prison sentence of one to five years shall be handed down to:

a) Whoever recruits or uses minors or persons with disabilities requiring special protection for exhibitionistic or pornographic purposes or shows, both public or private, or to prepare any kind of pornographic material, whatever the medium, or who finances or profits from any of these activities;

b) Whoever produces, sells, distributes, displays, offers or facilitates the production, sale, diffusion or display by any medium of child pornography, or material for the preparation for which minors or persons with disabilities requiring special protection have been used, or possesses such material for such purposes, even though the material is of foreign or unknown origin.

For the purposes of this Title, child pornography, or that for the preparation whereof minors or persons with disabilities requiring special protection have been used, shall be considered as:

a) All material that visually displays a minor or a person with disabilities requiring special protection participating in a sexually explicit conduct, whether real or simulated;

b) Any display of the sexual organs of a minor or a person with disabilities requiring special protection for predominantly sexual purposes;

c) All material that visually displays a person who appears to be a minor participating in sexually explicit conduct, whether real or simulated, or any display of the sexual organs of a person who appears to be a minor, for predominantly sexual purposes, unless the person who appears to be a minor is actually eighteen years or older at the time of taking the images;

d) Realistic images of a minor participating in sexually explicit conduct or realistic images of the sexual organs of a minor, for predominantly sexual purposes.

2. Whoever perpetrates the deeds foreseen in Section 1 of this Article shall be punished with a prison sentence of five to nine years if any of the following circumstances concurs:

a) If using children under the age of sixteen years;

b) If the deeds are particularly degrading or humiliating in nature;

c) If the pornographic material displays minors or persons with disabilities requiring special protection who are victims of physical or sexual violence;

d) If the offender has endangered the life or health of the victim, intentionally or due to gross negligence;

e) If the deeds are especially serious in view of the financial value of the pornographic material;

f) If the culprit is a member of an organisation or association, even on a temporary basis, dedicated to carrying out such activities;

g) If the offender is an ascendant, tutor, carer, minder, teacher or any other person in charge, de facto, even on a provisional basis, or de jure, of the minor or person with disabilities requiring special protection, or any other member of the family who lives with him and who has abused his recognised position of trust or authority;

h) If the aggravating circumstance of recidivism concurs.

 

Child Pornography Lawyers in Spain

We specialize in criminal offences related to prostitution and sexual exploitation and corruption of minors | Child Pornography Lawyers in Spain

 

3. If the deeds outlined in Sub-Paragraph a) of the first Paragraph of Section 1 were committed with violence or intimidation, the higher degree punishment than those foreseen in the preceding Sections shall be imposed.

4. Whoever knowingly attends exhibitionistic or pornographic shows involving minors or persons with disabilities requiring special protection shall be punished with a prison sentence of six months to two years.

5. Whoever possesses or acquires child pornography for his own use, or material for the preparation whereof minors or persons with disabilities requiring special protection have been used, shall be punished with a prison sentence of three months to a year or with a fine of six months to two years. The same sanction shall be imposed on individuals who knowingly access child pornography, or material for the preparation whereof minors or persons with disabilities requiring special protection have been used.

6. Whoever has a minor or person with disabilities requiring special protection under his care, guardianship, protection or fostership and who, being aware of his state of prostitution or corruption, does not do everything possible to prevent such situation continuing, or does not resort to the competent authority for such a purpose, if lacking the resources to safe keep the minor or person with disabilities requiring special protection, shall be punished with a prison sentence of three to six months or a fine of six to twelve months.

7. The Public Prosecutor shall promote the pertinent actions in order to deprive whoever commits any conduct described in the preceding Section of his parental rights, guardianship, safekeeping or family fostership, as appropriate.

8. Judges and Courts of Law shall order the adoption of the measures necessary to withdraw the websites or web applications that contain or distribute child pornography or those for the preparation whereof persons with disabilities requiring special protection have been used or, where appropriate, to block access to such websites or applications to Internet users who are within Spanish territory.

Such measures may be decreed on a precautionary basis at the request of the Public Prosecutor.
 


Law Offices of Palladino Pellón & Associates – Criminal Defense Lawyers | Child Pornography Lawyers in Spain