Spanish Penal Code (excerpts related to sexual crimes) (English)
The Penal Code
Official translation
PART TWOON CRIMESChapter 6On Sexual CrimesSection 4
A person who engages in a sexual act with someone under eighteen years of age and who is that person's offspring or for whose upbringing he or she is responsible, or for whose care or supervision he or she is responsible by decision of a public authority, shall be sentenced for sexual exploitation of a minor to imprisonment for at most four years. This also applies to a person who, in circumstances other those mentioned previously in this Chapter, engages in a sexual act with a child under fifteen years. If the person who committed the act exhibited particular lack of regard for the minor or if the crime by reason of the minor's young age or otherwise is regarded as gross, imprisonment for at least two and at most eight years shall be imposed for gross sexual exploitation of a minor. (Law 1998:393)
Section 10
A person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with someone under eighteen years of age, shall be sentenced for seduction of youth to a fine or imprisonment for at most six months. (Law 1984:399)
Section 11
Criminal responsibility as provided for in this Chapter for an act committed against someone under a given age shall be required of a perpetrator who did not realise, but had reasonable grounds for assuming, that the other person had not attained such age. (Law 1998:393)
Section 12
An attempt to commit rape, gross rape, sexual coercion, gross sexual coercion, sexual exploitation, gross sexual exploitation, sexual exploitation of a minor, gross sexual exploitation of a minor, procuring and gross procuring shall be dealt with in accordance with the provisions of Chapter 23. This also applies to preparation for and conspiracy to commit rape, gross rape, gross sexual exploitation of a minor and gross procuring, together with failure to reveal such crime. (Law 1998:393)
Section 13
If, in a case of sexual exploitation of a minor under Section 4, first, paragraph, second sentence or an attempt to commit such a crime, or in a case of sexual molestation under Section 7, first, paragraph, there is little difference in age and development between the person who committed the act and the child, public prosecution shall not occur unless it is called for in the public interest. (Law 1994:1499)
Chapter 23On Attempt, Preparation, Conspiracy and ComplicitySection 5
If someone has been induced to be an accomplice to crime by coercion, deceit or misuse of his youth, innocence or dependent status or has been an accomplice only to a minor extent, the punishment imposed may be less than that otherwise provided for the crime. Punishment shall not be imposed in petty cases. This also applies where the issue is one of imposing a punishment provided for a person in a special position on an accomplice.
Section 6
A person who omits to report in time or otherwise to reveal a crime that is in process of being committed when this could have been done without danger to himself or to anyone in a close relationship to him, shall, in those cases where this has been covered by special provisions, be sentenced for failure to reveal the crime as is provided for a person who has been an accomplice to the crime to a minor extent only; however, in no case may a more severe punishment than imprisonment for two years be imposed. In cases subject to special provisions, the punishment for failure to reveal a crime in accordance with the present provision shall also be imposed on a person who did not realise that a crime was being committed but should have done so. If parents, other persons bringing up a child, or guardians, in cases other than those described in the first paragraph, fail to prevent a person in their care or under their control from committing a crime when this could have been done without danger to themselves or to anyone in a close relationship to them and without reporting to some authority, punishment shall be imposed in accordance with the provisions of the first paragraph. Failure to reveal or prevent a crime is not punishable unless the act in process of being committed has progressed so far that punishment can follow.