Article 183 quater of the Penal Code

  Penal Code

The free consent of the minor under sixteen years of age, except in the cases of article 183.2 of the Penal Code, will exclude the criminal liability for the crimes provided for in this chapter when the perpetrator is a person close to the minor by age and degree of development or physical and psychological maturity.

art 183 quater cp

Article 183 quater of the Spanish Penal Code refers to crimes of sexual abuse and sexual assault to under 16 years.

This article establishes that there will be no criminal liability for the author of one of these crimes in the case of a person under 16 years of age when there is free consent on the part of the minor.

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, this article is modified by final provision 6.20 of Organic Law 8/2021, of June 4. Previously, it said the following:

The free consent of the minor under sixteen years of age will exclude criminal liability for the crimes provided for in this Chapter, when the perpetrator is a person close to the minor by age and degree of development or maturity.

Article 183 quater – Modified with effect from 06/25/2021