He crime corruption of minors It consists of promoting the prostitution of minors or people with disabilities. What constitutes its use in pornographic activities or participation in sexual acts that impair the development of their personality.
The organic law 11/1999 of the Penal Code reintroduces the crime corruption of minors. The motivation of the aforementioned organic law is to reintroduce the crime and authentically define the concepts.
Implementation of the crime of corruption of minors in the penal code
After the reform implemented by LO 1/2015, new sections are included in certain conducts. These will be the ones that threaten the sexual freedom, that is, the abuse and sexual assault to children under 16 years of age.
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Article 183bis implies any person who, for sexual reasons, instructs a minor under 16 years of age to behave sexually. This includes being witnessed by sexual acts.
being penalized with a imprisonment from six months to two years. If the minor has witnessed sexual abuse, the sentence increases from one to three years.
The protected legal good is about sexual behavior with minors under 16 years of age or people with disabilities. These subjects need special protection, so we should talk about sexual compensation or sexual untouchability.
These people receive special legal protection, in order to preserve their freedom. Freedom is one that is in a more vulnerable situation than for the rest of the community.
They are people who still do not have an adequate sexual freedom, not having the necessary capacity to exercise. What guarantees their development without compromising the process of personal maturation.
Subjects in the crime corruption of minors in the penal code
It is problematic to determine the active subject, since it is a third-party activity. In these cases it should be considered whether the subject participating in the sexual conduct with the minor is its initiator.
The only active subject in article 189.4 of the Penal Code will be the one who is practicing the service. Both the participation and the activity of the third party are sanctioned, even if they do not participate in the sexual behavior.
The participation or presence of third parties exempts the minor from such acts. In the case of minors or people with disability correct sexual development is protected.
The subject on which the criminal act occurs will be regardless of their sex. If the minor or the person disabled consented immediately, the crime would still be being committed.
Inside of the crime corruption of minors, the consummation of the act and the attempt to practice the criminal act.
Harassment through the internet in the crime of corruption of minors
The legal right to protection acquires a special dimension due to the unfair content of these conducts. Not only is he injured with the crime corruption of minors sexual compensation.
Being understood as the right not to get involved in a sexual context without the valid consent. The law also contemplates the formation and development of the minor's personality and sexuality.
The diffusion of Internet use for sexual purposes against minors has highlighted the need for criminal sanctions. The behaviors that an adult develops through these media are valued to gain the trust of minors
The objective is to establish the meetings that allow them to obtain concessions of a sexual nature. Faced with this situation, a new article 183 bis is introduced, which regulates the care of children.
It seeks to prevent aggravated penalties when the approach of the minor is obtained through coercion, intimidation or deception. In article 183 ter of the Penal Code It is punishable by one to three years in prison.
The fine will be from twelve to twenty-four months for those who contact the minor through the Internet. In this area, the telephone or any other information technology is also considered. information and communication.
For the conduct to be punishable, the proposal must be accompanied by material acts aimed at rapprochement. Penalties are applied to its upper half if the approach is obtained through coercion, intimidation or deception.
Economic remuneration in the crime of corruption of minors
According to art.188.4, whoever obtains, in exchange for a fee, will be penalized sexual intercourse with a minor This includes people with disabilities who need special protection
If he crime corruption of minors It is with minors under 16 years of age, prison is applied from 2 to 6 years. In other cases the prison sentence will be from 1 to 4 years.
He consent of minors or disabled people is not valid. These facts fall within the criminal type of child corruption.
The law establishes the aggravation of the crime where a type of injured is indicated depending on certain circumstances.
when the crime corruption of minors be with children under 16 years of age. If the facts have a particularly degrading or humiliating character.
when the pornographic material represents minors and victims of physical or sexual violence. That the perpetrator endangers, due to intent or gross negligence, the life or health of the victim.
Being the pornographic material of notorious importance. When the culprit belongs to a organization or association engaged in such activities.
If the person responsible is a relative, a tutor, a teacher or any other person responsible for the minor or disabled person. It is also considered another person who has abused his recognized position of trust or authority.
Penalties for the crime of corruption of minors in the penal code
This will be applied when the aggravating circumstance of recidivism in the crime occurs corruption of minors. There is talk of a prison sentence of 5 to 9 years.
Whoever knows that minors or people with disabilities participate in a show or exhibition will be penalized. With a prison sentence that easily goes from 6 months to 2 years depending on the facts.
The owner of child pornography or pornographic material in which minors or disabled persons have participated. This includes sanctioning anyone who accesses this material through information technology.
A prison sentence of 3 months to 1 year or a fine of 6 months to 2 years is applied. All these facts fall within the criminal type of the crime corruption of minors.