When the infraction has been committed within an organization

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Criminal group that is dedicated to carrying out such activities. Section 181.5 of the Penal Code There is, in turn, an attenuated type of the crime of sexual assault of a minor under 16 years of age, in which the judge or court can impose a lower penalty (although it is not an imposition that he does so, but only a possibility). 3. The sentencing body, reasoning in the sentence, taking into account the lesser nature of the fact and assessing all the concurrent circumstances, including the personal circumstances of the guilty party, may impose a lower prison sentence in degree, except when violence or intimidation is involved or carried out on a victim whose will has been annulled for any reason, or the circumstances mentioned in section 5 of this article occur. Section 181.3 of the Penal Code There are also other behaviors that constitute the crime of sexual assault against a minor under 16 years of age: Make a minor under 16 years of age witness sexual acts , for sexual purposes, even if the perpetrator does not participate in them.

These acts may or may not constitute a crime against sexual freedom ( article 182 of the Penal Code ). Contact a minor under 16 years of age through information and communication technologies and propose to arrange a meeting to commit the acts of articles 181 and 189, if this proposal is accompanied by material acts aimed at rapprochement ( article 183.1 ). Contacting a minor under 16 years of age DM Databases through any information and communication technology and carrying out acts to trick him or her into providing the author with pornographic material or showing him or her pornographic images (article 183.2). It is important to keep in mind that, as provided in article 183 bis of the Penal Code , provided that none of the circumstances provided for in the second section of article 178 occur , the free consent of the minor under 16 years of age will exclude criminal liability in the cases. crimes of sexual assault against a minor under 16 years of age, as long as the perpetrator is a person close to the minor by age and degree of development or physical and psychological maturity.



Therefore, this acquittal excuse may be applied as long as there is no violence or intimidation, nor is the victim's situation of superiority or vulnerability abused, nor is the victim deprived of meaning, nor is his mental situation abused, nor is the victim abused. have their will annulled for any reason. To prove that the perpetrator and the alleged victim are close in age and development or maturity, it is necessary to conduct an expert test. However, it is worth remembering that for the rest of the cases, it will not be understood that there is sexual consent if the victim is under 16 years of age. Exhibitionism and sexual provocation These crimes of exhibitionism and sexual provocation are regulated in articles 185 and 186 of the Penal Code. They may consist of: Performing or having another person perform acts of obscene exhibition before minors or people with disabilities in need of special protection ( article 185 ). Sell, disseminate or display pornographic material by any means among minors or people with disabilities in need of special protection ( article 186 ). Prostitution and sexual exploitation and corruption of minors Article 188 et seq.