The penalties for sharing a sexual video are aggravated if the victim is a minor

Four Real Madrid youth players are being investigated by the Civil Guard for having spread a video with sexual content of a minor (16 years old).

Oliver Thansan
Oliver Thansan
14 September 2023 Thursday 11:09
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The penalties for sharing a sexual video are aggravated if the victim is a minor

Four Real Madrid youth players are being investigated by the Civil Guard for having spread a video with sexual content of a minor (16 years old). The sexual relationship was consensual, although she never gave her permission to be recorded or for that video to circulate, as stated in the complaint that she filed with her mother on September 6 in Santa María de Guia ( Las Palmas).

Three of the youth players yesterday were arrested and released, while the fourth Madrid player is only being investigated. They are accused of a crime of revealing secrets, which carries penalties of three months to one year in prison, although the upper half of the sentence could be imposed because the victim in this case is a minor.

The crime of discovery and disclosure of secrets is regulated in articles 197 to 201 of the Penal Code, which punishes the dissemination of private images without the authorization of the affected person with between three months and one year in prison when their privacy is seriously violated and even if the victim gave his consent to the recording at the time.

It was an innovation of the 2015 Penal Code reform, since until then the dissemination of an intimate video was only considered a crime if it had been taken in a private place without the authorization of the protagonist or if the images had been stolen.

Article 197.7 establishes prison sentences of three months to one year or a fine of six to twelve months for anyone who, "without authorization from the affected person, disseminates, reveals or transfers to third parties images or audiovisual recordings of the person that he or she had obtained with his or her consent." in a home or in any other place out of the reach of third parties, when disclosure seriously impairs the personal privacy of that person."

The sentence, the text adds, will be imposed in its upper half when the acts are committed by the spouse or by a person who is or has been linked to the victim by an analogous emotional relationship, even without cohabitation, when the victim is under the age of age or a person with a disability in need of special protection, or when a lucrative purpose has been sought.

The entry into force of the yes-is-yes law in turn introduced criminal charges for the redistribution without consent of these materials with intimate content, with a fine of one to three months.

This reform included a new conduct within the crime of discovery and disclosure of secrets that could generate criminal liability, consisting of the forwarding to third parties, without the consent of the affected person, of intimate images or audiovisual recordings.

As a result of these arrests, the Minister of Equality, Irene Montero, has recalled through the social network Yeah.