1. Anyone who, whether in Spanish territory, from Spain, in transit through Spain, or destined for Spain, using violence, intimidation, or deception, or abusing a position of superiority or the need or vulnerability of the victim, whether a national or foreigner, or by giving or receiving payments or benefits to obtain the consent of the person who has control over the victim, recruits, transports, transfers, harbors, or receives a person, including the exchange or transfer of control over such persons, for any of the following purposes, shall be punished with a prison sentence of five to eight years as a perpetrator of human trafficking:
a) The imposition of forced labor or services, slavery or practices similar to slavery, servitude, or forced begging.
b) Sexual exploitation, including pornography.
c) Exploitation for criminal activities.
d) The removal of their bodily organs.
e) Forced marriage.
A situation of need or vulnerability exists when the person in question has no other real or acceptable alternative but to submit to the abuse.
When the victim of human trafficking is a minor, the penalty of special disqualification from any profession, trade, or activity, whether paid or unpaid, that involves regular and direct contact with minors, shall be imposed in all cases for a period of between six and twenty years longer than the term of imprisonment imposed.
2. Even if none of the means mentioned in the preceding paragraph are used, any of the actions indicated in the preceding paragraph shall be considered human trafficking when carried out with respect to minors for the purpose of exploitation.
3. The consent of a victim of human trafficking shall be irrelevant when any of the means indicated in the first paragraph of this article have been used.
4. The penalty shall be one degree higher than that provided for in the first paragraph of this article when:
a) the life or physical or mental integrity of the persons who are the object of the crime has been endangered;
b) the victim is especially vulnerable due to illness, pregnancy, disability, or personal circumstances, or is a minor.
c) the victim is a person whose vulnerability has been caused or aggravated by displacement resulting from armed conflict or a humanitarian disaster.
If more than one circumstance is present, the penalty shall be imposed in its upper half.
5. A penalty one degree higher than that provided for in paragraph 1 of this article and absolute disqualification from holding public office for six to twelve years shall be imposed on those who commit the acts by taking advantage of their position as an authority, agent thereof, or public official. If any of the circumstances provided for in paragraph 4 of this article are also present, the penalties shall be imposed in their upper half.
6. A penalty one degree higher than that provided for in paragraph 1 of this article and special disqualification from any profession, trade, industry, or business for the duration of the sentence shall be imposed when the offender belongs to an organization or association of more than two people, even of a temporary nature, that is dedicated to carrying out such activities. If any of the circumstances provided for in paragraph 4 of this article are present, the penalties shall be imposed in the upper half. If the circumstance provided for in paragraph 5 of this article is present, the penalties indicated therein shall be imposed in their upper half.
When dealing with the heads, administrators, or managers of such organizations or associations, the penalty shall be applied in its upper half, which may be increased to the next higher degree. In any case, the penalty shall be increased to the next higher degree if any of the circumstances provided for in paragraph 4 or the circumstance provided for in paragraph 5 of this article are present.
7. When, in accordance with the provisions of Article 31 bis, a legal entity is responsible for the offenses included in this article, it shall be subject to a fine of three to five times the profit obtained. Subject to the rules established in Article 66 bis, judges and courts may also impose the penalties set forth in subparagraphs b) through g) of paragraph 7 of Article 33.
8. Incitement, conspiracy, and solicitation to commit the crime of trafficking in human beings shall be punished with a penalty one or two degrees lower than that of the corresponding crime.
9. In any case, the penalties provided for in this article shall be imposed without prejudice to those that may apply, where appropriate, for the crime under Article 318 bis of this Code and other crimes actually committed, including those constituting the corresponding exploitation.
10. Convictions by foreign judges or courts for crimes of the same nature as those provided for in this article shall have the effect of recidivism, unless the criminal record has been expunged or may be expunged under Spanish law.
11. Without prejudice to the application of the general rules of this Code, the victim of human trafficking shall be exempt from punishment for the criminal offenses he or she has committed in the situation of exploitation suffered, provided that his or her participation in them has been a direct consequence of the situation of violence, intimidation, deception or abuse to which he or she has been subjected and that there is an adequate proportionality between said situation and the criminal act committed.