1. The above behaviors will be punished, respectively, with prison sentences of two to eight years for the attacks of article 178.1, of prison of five to ten years for the attacks of article 178.3, of prison of seven to fifteen years for the attacks of article 179.1 and imprisonment of twelve to fifteen years for those of article 179.2, when any of the following circumstances occur:
1st When the violence or intimidation exerted is of a particularly degrading or vexatious nature.
2nd When the facts are committed by the joint action of two or more people.
3rd When the acts are committed against a person who is in a situation of special vulnerability due to age, illness, disability or any other circumstance, except as provided in Article article 183.
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4th When, for the execution of the crime, the person responsible had taken advantage of a situation of coexistence or a relationship of superiority or kinship, due to being an ancestor, or brother, by nature or adoption, or related, with the victim.
5th When the perpetrator uses weapons or other equally dangerous means, capable of causing death or any of the injuries provided for in the articles 149 and 150 of this Code, without damage of the penalty that could correspond for the death or injuries caused.
2. If two or more of the above circumstances concur, the penalties provided for in this article will be imposed in their upper half.
art 180 cp
Following the update published on 06/05/2021 that enters into force on 06/25/2021, the 3rd and 4th circumstances of section 1 are modified by final provision 6.18 of Organic Law 8/2021, of June 4. Previously, it said the following:
3rd When the victim is especially vulnerable, due to his age, illness, disability or situation, except as provided in article 183.
4th When, for the execution of the crime, the person responsible has taken advantage of a relationship of superiority or kinship, due to being an ascendant, descendant or brother, by nature or adoption, or related, with the victim.
Article 180.1 – Modified with effect from 06/25/2021