The Spanish Criminal Code contemplates a series of crimes against sexual freedom and sexual integrity that, while not involving physical contact, seriously violate the dignity and security of victims. Among these, the crimes of exhibitionism and sexual provocation stand out, regulated in articles 185 and 186. Often, these crimes generate doubts both among legal professionals and citizens who are unaware of their scope and legal consequences.
In this article, a criminal defense attorney expert in sexual crimes analyzes these legal provisions in detail, their elements, penalties and most relevant jurisprudential aspects, to provide a clear and useful perspective for victims, defendants and legal practitioners.
What is the crime of exhibitionism?
The crime of exhibitionism is regulated in article 185 of the Spanish Criminal Code and consists of executing or causing another person to execute acts of obscene exhibition before minors or persons with disabilities in need of special protection.
Essential elements of the crime:
- Act of obscene exhibition: must be behavior of evident sexual nature, such as showing genitals or simulating sexual acts in public.
- Lascivious intent: there must be a clear intent to sexually excite or violate the sexual integrity of the witness.
- Can I be convicted for having pornography at home?
Only if the pornographic material is intended to be distributed among minors or persons with disabilities. Private possession, without intent to distribute, is not a crime. Specific intent (intention to show or distribute it) is an essential requirement of the criminal offense.
What happens if it is distributed without knowing there is a minor?
In this type of crime, knowledge of the victim’s age is key. If the perpetrator does not know, nor can reasonably know, that the person being targeted is a minor, intent could be excluded and, therefore, criminal liability. However, jurisprudence requires special diligence in these cases.
What are the penalties for exhibitionism and sexual provocation?
The sanctions provided in the Criminal Code for these crimes vary according to the severity of the acts and the condition of the victim. Below are detailed the penalties applicable to the crime of exhibitionism and the crime of sexual provocation, according to articles 185 and 186 of the Criminal Code:
Penalty for crime of exhibition
When a person performs acts of obscene exhibition before minors or persons with disabilities in need of special protection, the penalty for exhibiting would be imprisonment from six months to one year or a fine of six to twelve months. This sanction, provided for in article 185 of the Criminal Code, responds to the severity of the impact that this t
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How do the crimes of exhibitionism and corruption of minors differ?
The crime of exhibitionism and that of corruption of minors differ mainly in the nature of the conduct and in the degree of involvement of the minor.
Exhibitionism (art. 185 of the Criminal Code) sanctions whoever performs acts of sexual nature before a minor, such as showing genitals, masturbating or simulating sexual relations. It is a unilateral and passive conduct, where the minor simply witnesses the obscene act, without physical contact or active participation.
On the other hand, corruption of minors (arts. 183 bis and 189 of the Criminal Code) implies a more serious and direct action: inducing, inciting or facilitating the participation of the minor in sexual activities, or exposing them to pornographic material for that purpose. Here the minor not only observes, but is actively involved or instrumentalized in the sexual conduct.
In summary, exhibitionism is conduct directed
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.