Cybercrimes Against Minors: Legal Protection from Cyber Violence

Is your child being harassed online? Have they been reported for a digital crime?

As a criminal defense attorney specializing in minors, I work with families facing situations they never imagined. Parents who discover their child is being harassed by a stranger on TikTok. Or the reverse: parents who are summoned because their child has distributed intimate images of a classmate. In both cases, the legal response requires knowledge of a criminal system different from that of adults and acting quickly.

Minors and cybercrimes: a specific criminal framework

Minors have enhanced protection in the Spanish legal system, both as victims and perpetrators. Two laws are the protagonists:

• The Criminal Code: typifies the conducts (grooming, harassment, privacy, threats).
• Organic Law 5/2000 on Criminal Responsibility of Minors (LORPM): regulates how they are judged and what consequences it has when the perpetrator is a minor.

There is a fact that surprises many families: criminal responsibility in Spain begins at 14 years of age. From that age, a minor can be subjected to measures by the juvenile jurisdiction. Below 14, the response is exclusively educational and protective.

Main forms of cyberviolence against minors

Grooming (article 183 ter CP)

Grooming is the solicitation of minors through digital means for sexual purposes. The perpetrator — usually an adult — contacts the minor through social networks, video games or

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Minors as perpetrators of digital crimes

A mistake I often see in families is thinking that «since they’re a minor, nothing will happen to them.» The reality is that from age 14, a minor can face serious measures under the LORPM:

• Supervised liberty.
• Prohibition to communicate with the victim.
• Confinement in closed or semi-open regime.
• Community service.

The most frequent digital crimes committed by minors include:

• Threats through social networks (article 169 CP).
• Insults or slander in WhatsApp groups (articles 205-210 CP).
• Unauthorized access to third-party accounts (article 197 CP).
• Distribution of intimate images of classmates (article 197.7 CP).

What starts as a «joke» among teenagers can lead to a file before the Juvenile Prosecutor’s Office with real consequences. Understanding how the juvenile criminal procedure works is essential.

Digital evidence in crimes against minors

In my experience defending these cases, digital evidence presents specific challenges:

• The victim may have deleted evidence out of fear or shame.
• Perpetrators act under false identities or anonymous profiles.
• Platforms (Instagram, TikTok, WhatsApp) do not always cooperate quickly.

The usual means of evidence are certified screenshots, reports from the social networks themselves, protected witness statements, computer forensic evidence and technological investigation proceedings regulated in the

Digital crimes against minors require a swift criminal response

Opinion of this criminal defense attorney expert in minors

In the understanding of the undersigned attorney, cybercrimes affecting minors are one of the most delicate areas of current Criminal Law. The psychological damage in an adolescent victim of digital sexual harassment can be devastating. And the minor who commits the crime also deserves a proportionate response, one that corrects without destroying.

In these cases, the speed with which action is taken is decisive. Both to protect the victim and to guarantee the rights of the minor under investigation.

Frequently asked questions about cybercrimes involving minors

From what age can a minor be charged for a cybercrime?

From age 14. Between 14 and 17, the LORPM applies with specific measures. Below 14, the response is only educational.

My child has distributed intimate photos of a classmate. What are the consequences?

They may face proceedings before the Juvenile Prosecutor’s Office for a crime under article 197.7 CP. Measures may include supervised liberty, prohibition of contact and even confinement.

What do I do if my child is being harassed online?

Document everything (screenshots, messages, profiles), notify the school if it’s between students, and file a report with the police or Juvenile Prosecutor’s Office.

Does the school have an obligation to intervene?

Yes. The LOPIVI obliges educational centers to activate prevention and detection protocols. If there are signs of crime, they must report it to the Juvenile Prosecutor’s Office.

Can an adult be convicted of grooming if they never met the minor?

Yes. Article 183 ter CP does not require that the subsequent sexual crime be consummated. It is sufficient that there is contact for sexual purposes and the request for images or a meeting.

Is your child a victim of cyberviolence or being investigated? The juvenile jurisdiction does not allow delays.