Article 183 of the Penal Code

  Penal Code

1. Whoever performs acts of a sexual nature with a minor under sixteen years of age will be punished as responsible for sexual abuse to a minor with a prison sentence of two to six years.

2. When the acts are committed using violence or intimidation, the person responsible will be punished for the crime of sexual assault to a minor with a penalty of five to ten years in prison. The same penalties will be imposed when through violence or intimidation compels a minor under sixteen years of age to participate in acts of a sexual nature with a third party or to perform them on himself.

3. When the attack consists of carnal access through the vaginal, anal or oral route, or the introduction of body members or objects through one of the first two routes, the person responsible will be punished with a prison sentence of eight to twelve years, in the case of section 1, and with a sentence of twelve to fifteen years, in the case of section 2.

4. The behaviors provided for in the three previous sections will be punished with the corresponding prison sentence in its upper half when any of the following circumstances occur:

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a) When the victim is in a situation of special vulnerability due to his age, illness, disability or any other circumstance, and, in any case, when he is under four years of age.

b) When the acts are committed by the joint action of two or more people.

c) When the violence or intimidation exerted is of a particularly degrading or vexatious nature.

d) 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 similar, with the victim.

e) When the culprit has endangered, intentionally or through serious negligence, the life or health of the victim.

f) When the infraction has been committed within an organization or a criminal group that is dedicated to carrying out such activities.

5. In all the cases provided for in this article, when the culprit has taken advantage of his status as an authority, agent thereof or public official, the penalty of absolute disqualification from six to twelve years will also be imposed.

art 183 cp

This article from Penal Code Spanish refers to the sexual abuse and sexual assaults to minors. In general, the sexual abuse of children under 16 it is punishable by imprisonment from 2 to 6 years, even if there is consent.

This article also regulates some aggravating factors for the penalty of this crime when certain circumstances such as violence or intimidation concur.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, letters a) and d) of section 4 are modified by final provision 6.19 of Organic Law 8/2021, of June 4. Previously, it said the following:

4. (…)

a) When the poor intellectual or physical development of the victim, or the fact of having a mental disorder, would have placed her in a situation of total defenselessness and in any case, when she is under four years of age.

(…)

d) When, for the execution of the crime, the person responsible has taken advantage of a relationship of superiority or kinship, due to being an ancestor, or brother, by nature or adoption, or similar, with the victim.

Article 183.4 – Modified with effect from 06/25/2021