Known in practice as the online grooming offence, this provision implements the Lanzarote Convention and Directive 2011/93/EU. Its present wording comes from final provision 4.8 of Organic Act 10/2022 of 6 September, which moved the content of the former article 183 ter into article 183 and updated the internal cross-references following the reform of title VIII. It is an offence of danger that brings forward the threshold of criminal protection to preparatory conduct, which makes rigorous scrutiny of each of its elements essential.
Also cited as: article 183 Spanish Criminal Code · art. 183 CP · Spanish Penal Code article 183 · artículo 183 del Código Penal.
1. Any person who, through the internet, the telephone or any other information and communication technology, contacts a child under sixteen years of age and proposes to arrange a meeting with that child in order to commit any of the offences described in articles 181 and 189, provided that such proposal is accompanied by material acts directed towards the approach, shall be punished with one to three years of imprisonment or a fine of twelve to twenty-four months, without prejudice to the penalties corresponding to the offences actually committed. The penalties shall be imposed in their upper half where the approach is obtained by means of coercion, intimidation or deceit.
2. Any person who, through the internet, the telephone or any other information and communication technology, contacts a child under sixteen years of age and performs acts aimed at enticing that child into supplying pornographic material or showing him or her pornographic images depicting or featuring a minor, shall be punished with six months to two years of imprisonment.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
| Location | Book II, title VIII, chapter II bis of the Criminal Code |
|---|---|
| Protected interest | Sexual indemnity of the child under sixteen and free development in the digital environment |
| Nature | Offence of danger with anticipated completion |
| Perpetrator | Any person; no particular age or prior relationship with the victim is required |
| Victim | A child under sixteen years of age |
| Means | Internet, telephone or any other information and communication technology |
| Current wording | Final provision 4.8 of Organic Act 10/2022 of 6 September, in force since 7 October 2022 |
Challenge the existence of material acts of approach. This is the principal defence under paragraph 1. The task is to establish that the exchange never went beyond words and that there was no travel, no specific appointment, no money transfer and no external act of approach.
Question the chain of custody of the digital evidence. Device images, screenshots and extractions from messaging applications must be produced with a guarantee of integrity. The absence of a hash value, of a forensic imaging record or of the intervention of the court clerk undermines their evidential value.
Establish the absence of knowledge of the victim’s age. The platform profile, the child’s own statements about age and the service’s own adult-only requirement support a mistake of fact.
Examine the police operation. Judicial authorisation for the undercover online officer must be verified, together with compliance with the limits of article 282 bis, ruling out that the criminal initiative came from the officer.
Consider suspension of the sentence. Where the sentence does not exceed two years and the defendant has no prior record, suspension under article 80 is available, although the prohibitions of article 57 and the disqualification of article 192 should be anticipated.
Defence in this area
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
No. Paragraph 1 requires, in addition to the proposal to meet, material acts directed towards the approach. Without that external element the offence is not made out, without prejudice to liability under other provisions.
Knowledge that the victim is under sixteen forms part of the mental element. If the defendant reasonably believed he was dealing with an adult, the mistake of fact under article 14 must be examined, which may exclude or reduce liability.
Paragraph 2 punishes acts aimed at enticing a child into supplying pornographic material. Conduct amounting to grooming or deceit is required; the assessment depends on the actual content of the messages and the context of the relationship.
Yes, through an undercover online officer, but judicial authorisation is required under article 282 bis, paragraph 6, of the Criminal Procedure Act. Operating without judicial cover, or generating a criminal intent that did not exist, vitiates the proceedings.
Where the sentence imposed does not exceed two years and the requirements of article 80 are met, suspension is possible. Such decisions usually impose restraining and non-communication orders and the special disqualification of article 192.