Are you being investigated for grooming or sextortion? Is your child the victim?
The Spanish Data Protection Agency received over 800 complaints in 2024 related to the non-consensual sharing of intimate images. State Law Enforcement agencies processed thousands of reports for grooming and sextortion, with a sustained increase year after year. Behind each statistic is a person — in many cases a minor — whose life has been completely changed due to a digital sexual crime.
As a criminal defense attorney with experience in technology crimes, I have handled sextortion and grooming cases from both sides: defending the accused and protecting the victim. What many don’t know is that these crimes have very specific criminal regulation in Spain, with sentences that can exceed 3 years in prison, and that digital evidence is the element that decides the outcome of the trial.
What is grooming: sexual exploitation of minors online
Grooming consists of targeting a minor through digital means for sexual purposes. The process usually follows a pattern: the perpetrator contacts the minor on social media, online games, or messaging applications, establishes a relationship of trust, and progressively evolves toward requests for intimate images, sending sexual material, or proposals for physical meetings.
Article 183 ter of the Criminal Code punishes whoever, through the internet or any technology, contacts a minor under 16 with the intention of committing crimes of a sexual nature.
The requirements of the criminal offense are:
- Contact must be directed at a minor under 16 years old.
- There must be clear intent to commit a sexual crime.
- There must be material proposals: requesting intimate images, sending sexual material to the minor, or proposing a physical meeting.
The penalty is imprisonment of 1 to 3 years, in addition to the penalties
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Digital evidence: the piece that decides the case
In my experience defending grooming and sextortion cases, the trial is won or lost on the evidence. And in these crimes, the evidence is almost always digital.
Common means of evidence include:
- Screenshots of conversations, profiles, and posts.
- IP traces and file metadata.
- Forensic computer expert reports on phones, computers, and cloud accounts.
- Reports from the platforms themselves (Instagram, TikTok, WhatsApp).
A grooming expert attorney must know the admissibility requirements for technological evidence: chain of custody, lawfulness in obtaining it, and authenticity of the data. An error in any of these points can invalidate the evidence and change the outcome of the proceedings.
What to do if you are a victim of sextortion or grooming
- Stop all contact. Don’t respond to threats or give in to blackmail. Giving in doesn’t stop the perpetrator; it reinforces them.
- Preserve all evidence. Save screenshots, messages, audio files, profiles, links. Don’t delete conversations.
- File a complaint with police or the court. If the victim is a minor, the crime can be prosecuted ex officio.
- Request protective measures. The judge can order prohibition of contact, urgent removal of published material, and digital restraining orders.
In cases involving minors, the Minor’s Prosecutor’s Office has exclusive jurisdiction and can act ex officio.
Criminal defense if you’re accused of grooming or sextortion
An accusation of digital sexual crime has serious consequences. The defense must explore:
- The veracity of the evidence: manipulated screenshots, false identities, conversations taken
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Opinion of this criminal defense attorney expert in digital crimes
In the understanding of the undersigned attorney, grooming and sextortion are two of the crimes that cause the most harm in the digital environment, especially when they affect minors. The speed with which an intimate image can spread across the internet means that the damage is, in many cases, irreparable. And the sense of impunity that digital anonymity offers does not correspond to reality: Spanish courts are convicting more frequently and with more severe sentences.
If you are a victim, file a complaint as soon as possible and seek legal counsel. If you are under investigation, contact a computer crime specialist attorney to review the legality of the evidence and present a solid defense. These crimes are directly related to sexual assault complaints and share many of the procedural protection mechanisms.
Frequently asked questions about sextortion and grooming
Can I be convicted of grooming if I never met with the minor?
Yes. Article 183 ter CP does not require that the meeting be materialized. Contact for sexual purposes and requesting images or a meeting is sufficient.
If intimate photos were sent voluntarily, is it a crime to distribute them?
Yes. Article 197.7 CP expressly punishes the distribution of intimate images obtained with consent but shared without subsequent authorization.
What penalty does sextortion carry in Spain?
Distribution of intimate images (197.7 CP) carries imprisonment of 3 months to 1 year. If there are threats (169 CP), the sentence can exceed 5 years. If the victim is a minor, additional aggravating factors apply.
My 15-year-old son has distributed photos of a classmate. What can happen to him?
Being over 14, he may face proceedings before the Minor’s Prosecutor’s Office. The measures may
Are you suffering from sextortion or grooming — or are you being investigated for it? Speak with a criminal defense attorney today.
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.