Article 189 of the Penal Code

  Penal Code

1. Shall be punished with a prison sentence of one to five years:

a) Anyone who recruits or uses minors or people with disabilities in need of special protection for purposes or in exhibitionist or pornographic shows, both public and private, or to produce any type of pornographic material, whatever its medium, or finance any of these activities or profit from them.

b) Anyone who produces, sells, distributes, exhibits, offers or facilitates the production, sale, dissemination or display by any means of child pornography or in the production of which persons with disabilities in need of special protection have been used, or possesses it for these purposes. , even if the material had its origin abroad or was unknown.

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For the purposes of this Title, child pornography or the production of which has been used by people with disabilities in need of special protection is considered:

a) Any material that visually represents a minor or a person with a disability in need of special protection participating in sexually explicit conduct, real or simulated.

b) Any representation of the sexual organs of a minor or person with a disability in need of special protection for primarily sexual purposes.

c) Any material that visually depicts a person who appears to be a minor engaging in sexually explicit conduct, real or simulated, or any representation of the sexual organs of a person who appears to be a minor, for primarily sexual purposes, except that the person who appears to be a minor turns out to be actually eighteen years of age or older at the time the images were obtained.

d) Realistic images of a minor engaging in sexually explicit conduct or realistic images of a minor's sexual organs, for primarily sexual purposes.

2. Those who carry out the acts provided for in section 1 of this article will be punished with a prison sentence of five to nine years when any of the following circumstances occur:

a) When minors under sixteen years of age are used.

b) When the facts are of a particularly degrading or humiliating nature, physical or sexual violence is used to obtain pornographic material or scenes of physical or sexual violence are depicted.

c) When minors are used who are in a situation of special vulnerability due to illness, disability or any other circumstance.

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

e) When the pornographic material was of notable importance.

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

g) When the person responsible is an ascendant, guardian, curator, custodian, teacher or any other person in charge, in fact, even provisionally, or by law, of the minor or person with a disability in need of special protection, or it is from any person who lives with him or from another person who has acted in abuse of his recognized position of trust or authority.

h) When the aggravating of recidivism.

3. If the acts referred to in letter a) of the first paragraph of section 1 have been committed with violence or intimidation, the penalty higher in degree than those provided for in the previous sections will be imposed.

4. Anyone who knowingly attends exhibitionist or pornographic shows in which minors or people with disabilities in need of special protection participate will be punished with a sentence of six months to two years in prison.

5. Anyone who, for their own use, acquires or possesses child pornography or whose production used people with disabilities in need of special protection, will be punished with a sentence of three months to one year in prison or a fine of six months to two years. .

The same penalty will be imposed on anyone who knowingly accesses child pornography or whose production has used people with disabilities in need of special protection, through information and communication technologies.

6. He who has under his power, guardianship, custody or shelter of a minor or a person with a disability who needs special protection and who, knowing their state of prostitution or corruption, does not do everything possible to prevent their continuation in such state, or does not go to the competent authority For the same purpose, if he lacks the means for the custody of the minor or person with disabilities in need of special protection, he will be punished with a prison sentence of three to six months or a fine of six to twelve months.

7. The Public Prosecutor's Office will promote the pertinent actions in order to deprive of parental authority, guardianship, guardianship or family foster care, if applicable, to the person who engages in any of the conduct described in the previous section.

8. Judges and courts will order the adoption of the necessary measures for the removal of web pages or Internet applications that contain or disseminate child pornography or in the production of which people with disabilities in need of special protection have been used or, where appropriate, to block access to them for Internet users who are in Spanish territory.

These measures may be agreed on a precautionary basis at the request of the Public Prosecutor's Office.

art 189 cp

Article 189 of Penal Code Spanish establishes certain special cases of penalties for crimes related to prostitution and the sexual exploitation and corruption of minors.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, letters b), c) and g) of section 2 are modified by final provision 6.22 of Organic Law 8/2021, of June 4. Previously, he said the following:

2. (…)

b) When the facts are of a particularly degrading or humiliating nature.

c) When the pornographic material represents minors or people with disabilities in need of special protection who are victims of physical or sexual violence.

(..)

g) When the person responsible is an ascendant, guardian, curator, custodian, teacher or any other person in charge, in fact, even provisionally, or in law, of the minor or person with a disability in need of special protection, or it is any other member from his family who lives with him or from another person who has acted in abuse of his recognized position of trust or authority.

Article 189.2 – Modified with effect from 06/25/2021