Article 188 of the Penal Code

  Penal Code

1. Whoever induces, promotes, favors or facilitates the prostitution of a minor or a person with a disability in need of special protection, or profits from it, or in any other way exploits a minor or a person with a disability for these purposes, will be punished with prison sentences of two to five years and a fine of twelve to twenty-four months.

If the victim is under sixteen years of age, a prison sentence of four to eight years and a fine of twelve to twenty-four months will be imposed.

2. If the acts described in the previous section are committed with violence or intimidation, in addition to the fine penalties provided, a prison sentence of five to ten years will be imposed if the victim is under sixteen years of age, and a prison sentence from four to six years in other cases.

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.

3. Penalties higher in degree than those provided for in the previous sections will be imposed, in their respective cases, when any of the following circumstances occur:

a) When the victim is in a situation of special vulnerability due to age, illness, disability or any other circumstance.

b) When, to carry out the crime, the person responsible had taken advantage of a situation of cohabitation or a relationship of superiority or kinship, due to being an ascendant, or brother, by nature or adoption, or similar, with the victim.

c) When, for the execution of the crime, the person responsible had taken advantage of his status as an authority, agent thereof or public official. In this case, a penalty of absolute disqualification of six to twelve years will also be imposed.

d) When the guilty party has endangered, intentionally or through serious recklessness, the life or health of the victim.

e) When the acts have been committed by the joint action of two or more people.

f) When the guilty person belongs to an organization or association, even of a temporary nature, that is dedicated to carrying out such activities.

4. Anyone who requests, accepts or obtains, in exchange for remuneration or promise, a sexual relationship with a minor or a person with a disability in need of special protection, will be punished with a sentence of one to four years in prison. If the minor has not reached the age of sixteen, a sentence of two to six years in prison will be imposed.

5. The indicated penalties will be imposed in their respective cases without damage of those that correspond for violations against sexual freedom or indemnity committed against minors and people with disabilities in need of special protection.

art 188 cp

Article 188 of Penal Code Spanish refers to the penalties with which the crimes relating to the prostitution, to sexual exploitation and corruption of a minor or a person with a disability.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, letters a) and b) of section 3 are modified by final provision 6.21 of Organic Law 8/2021, of June 4. Previously, he said the following:

3. (…)

a) When the victim is especially vulnerable, due to his age, illness, disability or situation.

b) When, to carry out 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 similar, with the victim.

Article 188.3 – Modified with effect from 06/25/2021