Article 181 Spanish Criminal Code: Sexual acts with a child under sixteen years of age

1. Whoever carries out acts of a sexual nature with a child under sixteen years of age shall be punished with imprisonment of two to six years.

For these purposes, acts of a sexual nature include those which the minor performs with a third party or upon the body of the minor at the instigation of the offender.

2. Where any of the forms described in Article 178.2 and 3 is present in the conduct of the preceding paragraph, a penalty of imprisonment of five to ten years shall be imposed.

3. The sentencing body may, giving reasons in the judgment, having regard to the lesser gravity of the act and assessing all the attendant circumstances, including the personal circumstances of the offender, impose the penalty of imprisonment of the next lower degree, except where violence or intimidation is present, or the act is carried out upon a victim whose will has been overcome by any cause, or where the circumstances mentioned in paragraph 5 of this article are present.

4. Where the sexual act consists of carnal access by vaginal, anal or oral means, or in the introduction of bodily members or objects by either of the first two means, the person responsible shall be punished with imprisonment of eight to twelve years in the cases of paragraph 1, and with imprisonment of twelve to fifteen years in the cases of paragraph 2.

5. The conduct provided for in the preceding paragraphs shall be punished with the corresponding penalty of imprisonment in its upper half where any of the following circumstances is present:

a) Where the acts are committed by the joint action of two or more persons.

b) Where the sexual assault is preceded or accompanied by violence of extreme seriousness or by acts of a particularly degrading or humiliating character.

c) Where the acts are committed against a person who is in a situation of special vulnerability by reason of age, illness, disability or any other circumstance and, in all cases, where the victim is under four years of age.

d) Where the victim is or has been the partner of the offender, even without cohabitation.

e) Where, in order to commit the offence, the person responsible took advantage of a situation or relationship of cohabitation or of kinship, or of a relationship of superiority in respect of the victim.

f) Where the person responsible makes use of weapons or other equally dangerous means, capable of causing death or any of the injuries provided for in Articles 149 and 150 of this Code, without prejudice to the provisions of Article 194 bis.

g) Where, in order to commit these acts, the person responsible has overcome the will of the victim by administering medicines, drugs or any other natural or chemical substance suitable for that purpose.

h) Where the infringement has been committed within a criminal organisation or group devoted to carrying out such activities.

Where, in the description of the typical forms of conduct provided for in paragraphs 1 to 3 of this article, any of the foregoing circumstances has been taken into account, the conflict shall be resolved in accordance with the rule of Article 8.4 of this Code.

6. Where two or more of the foregoing circumstances are present, the penalties of the preceding paragraph shall be imposed in their upper half.

7. In all the cases provided for in this article, where the offender took advantage of the status of authority, agent thereof or public official, the penalty of absolute disqualification of six to twelve years shall also be imposed.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.