The criminal code particularly protects minors and those who are vulnerable against criminal acts against freedom and sexual indemnity. In this sense, crimes related to sexual exploitation, corruption of minors and prostitution of minors are regulated in a special Chapter. For this, specific cases and higher sentences are established.
Where are these crimes regulated?
Sexual exploitation, corruption of minors and prostitution are regulated under Title VIII (crimes against indemnity and sexual freedom), in Chapter V (crimes related to corruption of minors, prostitution and sexual exploitation) of the Penal Code. It covers from article 187 to article 190. They are specified as follows:
· Article 187: prostitution of adults.
· Article 188: prostitution of minors or individuals with disabilities who require special protection.
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· Article 189 bis: dissemination or public commercialization through the use of the Internet of content related to the Chapter.
· Article 189 ter: penalization of legal figures.
· Article 190: equalization of opinions of foreign courts.
Sexual exploitation and prostitution of minors
The crime of prostitution of minors condemns Any person who promotes, induces, facilitates or favors the prostitution of a minor or a disabled person. Additionally, those who profit from this type of act are condemned. Anyone who exploits an individual with a disability for sexual purposes in any way is also punished.
This crime is sentenced with a custodial sentence of two to five years and a fine of 12 to 24 months. However, in the event that the victim is under 16 years of age, a prison sentence of 4 to 8 years and a fine of 12 to 24 months is imposed.
The passive individuals of this crime are all persons under 18 years of age and the disabled. In the latter case, it is not necessary for there to be a prior incapacity ruling.
He Article 188.1 of the Penal Code stipule:
Any person who promotes, induces, facilitates or favors the prostitution of minors or a disabled person, or benefits financially from it, or otherwise exploits a person with a disability or a minor for this purpose, shall be sentenced. with a penalty of two to five years and a fine of 12 to 24 months.
In the event that the victim is under 16 years of age, imprisonment for 4 to 8 years and a fine of 12 to 24 months is imposed.
On the other hand, article 188.4 condemns any subject who requests or agrees to have sexual relations with a minor or disabled individual in exchange for monetary compensation. This crime is punishable by imprisonment with a period of 2 to 6 years if the injured party is under 16 years of age. In the case of individuals over 16 years of age, but minors, the penalty is from 1 to 4 years.
The Penal Code defines two types of aggravated persons. In the first instance, if the acts set forth in article 188.1 are carried out with intimidation or violence, is sentenced with a prison sentence of five to ten years in the scenario that the injured person is under 16 years of age. In the case of being over 16 years of age, the penalty applied is 4 to 6 years and a fine of 12 to 24 months.
On the other hand, the higher degree penalty will be awarded when the following conditions are met:
In the event that the victim is in especially vulnerable position either due to age, disability, illness or any other condition.
· When the author had taken advantage of a fact of a relationship of superiority or coexistence, as well as his relationship with the victim.
· If the author had prevailed from his position of authority or public official. In this case, a prohibition sentence will also be awarded to exercise their professional functions for a period of 6 to 12 years.
· When the perpetrator of the crime endangers the health or life of the victim intentionally or due to gross negligence.
· When the events are carried out by group action in which two or more subjects are involved.
· If the author lives in an organization dedicated to carrying out this type of activity.
Corruption of minors is defined as the use and recruitment of minors or disabled people to perform shows for pornographic or exhibitionist purposes.. Also, child corruption is considered to be the fact of forcing minors or the disabled to produce any type of pornographic material.
On the other hand, it is important to highlight that the fact of financing these activities or receiving economic compensation thanks to them is condemned in the same way. Also I know punishes the sale, production, offering, dissemination, distribution or possession of child pornography. These crimes are punishable by imprisonment from one to five years.
Other actions are also penalized within this article:
· Conscious attendance at pornographic or exhibitionist shows in which disabled people or minors take part.
· Possession or acquisition of child pornographic material for distribution or personal use.
· The approval of the parents or caregivers of minors or persons with disabilities for the participation of victims in said acts.
As defined by the Penal Code, child pornography or with the participation of disabled persons is defined as:
1. Any type of material that visually expresses a disabled person or a minor participating in a sexually explicit action, whether real or simulated.
2. Any sample of the genitals of the victims for sexual purposes.
3. All pornographic material that alludes to a non-disabled minor having sexual relations.
4. actual images of a minor in a sexually explicit act.
The Penal Code indicates several types of these crimes with aggravating condition. These are condemned with imprisonment for a period of five to nine years.
· When young people under the age of 16 are employed.
· If the acts carried out are punctually vexatious or degrading.
· If sexual or physical violence is used to obtain the pornographic material. Also the obligation to represent violent sexual acts.
· In cases where the perpetrator risks the health or life of the victim.