Specialist Lawyers in Prostitution and Corruption of Minors in Spain

Spanish Criminal Code

On felonies related to prostitution and corruption of minors

Article 187

 
1. Whoever induces, promotes, favours or facilitates the prostitution of a person who is underage or incapacitated shall be punished with the penalties from one to five years and a fine of twelve to twenty- four months. The same punishment shall be imposed on whoever solicits, accepts or obtains a sexual relation with a person who is a minor or incapacitated in exchange for a remuneration or promise.

2. Whoever perpetrates the conducts described in Section 1 of this Article when the victim is under sixteen years old shall be punished with a sentence of imprisonment from four to six years.

3. Those who perpetrate the acts availing themselves of their status as an authority, agent or public officer thereof shall be subject, in a sentence of imprisonment stated, in the upper half, and also that of absolute barring from six to twelve years.

4. The penalties shall be imposed in a higher degree to those foreseen in the preceding Sections, in the respective cases, when the offender belongs to an organisation or assembly, even if transitory in nature, with the purpose of perpetrating those activities.

5. The penalties stated shall be imposed, in the respective cases, without prejudice to the relevant ones for offences against sexual freedom or indemnity committed against minors or the incapacitated.
 

Article 188

 
1. Whoever uses violence, intimidation or deceit, or abuse of a situation of superiority or need or vulnerability of the victim, to force a person who is of legal age to practice prostitution, or to continue to do so, shall be punished with the prison sentences of two to four years and a fine from twelve to twenty- four months. The same punishment shall be incurred by whoever makes a profit from exploiting prostitution by another person, even when that person consents.

2. Should the conduct mentioned by perpetrated against a minor or incapacitated person, to initiate or maintain that person in prostitution, the offender shall be handed down a sentence of imprisonment from four to six years.

3. Whoever behaves as foreseen in the preceding Section, when the victim is under sixteen years old, shall be punished with a sentence of imprisonment from five to ten years.

4. The penalties shall be imposed as foreseen in the preceding Sections, in the upper half, in the respective cases, when any of the following circumstances concur:

a) When the offender has availed himself of his status as an authority, agent or public officer thereof. In that case, the punishment of absolute barring from six to twelve years shall also be applied;

b) When the offender belongs to a criminal organisation or group with the purpose of perpetrating those activities;

c) When the offender has endangered the life or health of the victim, maliciously or due to serious negligence.

5. The penalties stated shall be imposed in the respective cases, without prejudice to the relevant one for the sexual assaults or abuses committed against the person prostituted.
 

Specialist Lawyers in Prostitution and Corruption of Minors in Spain

Article 189

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

a) Whoever recruits or uses minors or the incapacitated for exhibitionistic or pornographic purposes or shows, both public or private, or to prepare any kind of pornographic material, whatever the media, 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 means of pornographic material, in the preparation of which minors or incapacitated persons have been used, or possesses such material for such purposes, even though the material is of foreign or unknown origin.

2. Whoever possesses pornographic material for his own use, in the preparation of which minors or the incapacitated have been used, shall be punished with the penalty from three months to a year of imprisonment or with a fine of six months to two years.

3. Whoever perpetrates the acts foreseen in Section 1 of this Article shall be punish with a sentence of imprisonment from five to nine years when any of the following circumstances concur:

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

b) When the acts are particularly degrading or humiliating in nature;

c) When the acts are especially serious in view of the financial value of the pornographic material;

d) When the pornographic material displays children or the incapacitated who are victims of physical or sexual violence;

e) When the offender belongs to an organisation or assembly, even if transitory in nature, with the purpose of perpetrating those activities;

f) When the offender is an ascendant, tutor, carer, minder, teacher or any other person in charge, de facto or de jure, of the minor or incapacitated person.

4. Whoever makes a minor or incapacitated person participate in a conduct of a sexual nature that damages the personal evolution or development of that person shall be punished with a sentence of imprisonment of six months to one year.

5. Whoever has a minor or incapacitated person 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 purpose, if lacking the resources for custody of the minor or incapacitated person, shall be punished with a sentence of imprisonment from three to six months or a fine from six to twelve months.

6. 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.

7. Whoever produces, sells, distributes, displays or facilitates pornographic material by any means in which, while minors or incapacitated persons have not been used directly, makes use of their altered or modified voice or image, shall be punished with a sentence of imprisonment from three months to a year or a fine of six months to two years.

8. (Suppressed)
 

Article 189 bis

 
When, pursuant to the terms established in Article 31 bis, a legal person is responsible for the offences included in this Chapter, it shall have the following penalties imposed thereon:

a) Fine from three to five times the profit obtained, if the offence committed by a natural person has a punishment of imprisonment foreseen exceeding five years;

b) Fine of two to four times the profit obtained, if the offence committed by a natural person has a punishment of imprisonment foreseen exceeding two years not included in the preceding Section;

c) Fine of two to three times the profit obtained, in the rest of the cases.

Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties established in Sub-Sections b) to g) of Section 7 of Article 33.
 

Article 190

 
Sentencing by a foreign Judge or Court of Law, for offences included in this Chapter, shall be equivalent to sentences by Spanish Judges or Courts of Law for the purposes of applying the aggravating circumstance of recidivism.
 

Palladino Pellón – Criminal Defense Lawyers | Specialist Lawyers in Prostitution and Corruption of Minors in Spain