Article 181 [source]

Spanish Criminal Code
English translation

1. Anyone who engages in sexual acts with a minor under the age of sixteen shall be punished with a prison sentence of two to six years. For these purposes, sexual acts include those committed by the minor with a third party or on themselves at the perpetrator's instigation.

2. If the conduct described in the preceding paragraph involves any of the circumstances described in Article 178.2 and 3, a prison sentence of five to ten years shall be imposed.

3. The sentencing court, stating its reasons in the judgment, may, taking into account the lesser severity of the offense and considering all the circumstances, including the personal circumstances of the offender, impose a lesser prison sentence, except when violence or intimidation is involved, or when the act is committed against a victim whose will is nullified for any reason, or when the circumstances mentioned in paragraph 5 of this article are present.

4. When the sexual act consists of carnal knowledge via the vaginal, anal, or oral route, or the insertion of body parts or objects through either of the first two routes, the perpetrator shall be punished with a prison sentence of eight to twelve years in the cases of paragraph 1, and with a prison sentence of twelve to fifteen years in the cases of paragraph 2.

5. The conduct described in the preceding paragraphs shall be punished with the corresponding prison sentence in its upper half when any of the following circumstances apply:

a) When the acts are committed by two or more persons acting together.

b) When the sexual assault is preceded or accompanied by extreme violence or acts of a particularly degrading or humiliating nature.

c) When the acts are committed against a person who is in a situation of special vulnerability due to age, illness, disability, or any other circumstance, and, in any case, when the person is under four years of age.

d) When the victim is or has been the perpetrator's partner, even without cohabitation.

e) When, for the commission of the crime, the perpetrator has taken advantage of a situation or relationship of cohabitation, kinship, or a relationship of superiority with respect to the victim.

f) When the perpetrator uses weapons or other equally dangerous means capable of causing death or any of the injuries provided for in Articles 149 and 150 of this Code, without prejudice to the provisions of Article 194 bis.

g) When, for the commission of these acts, the perpetrator has overridden the will of the victim by supplying them with drugs, medications, or any other natural or chemical substance suitable for that purpose.

h) When the offense has been committed within an organization or criminal group dedicated to carrying out such activities.

If any of the above circumstances have been taken into consideration in the description of the typical forms provided for in paragraphs 1 to 3 of this article, the conflict shall be resolved in accordance with the rule of Article 8.4 of this Code.

6. If two or more of the aforementioned circumstances are present, the penalties in the preceding section shall be increased by half.

7. In all cases provided for in this article, when the offender has taken advantage of their position as an authority, agent thereof, or public official, the penalty of absolute disqualification from holding public office for six to twelve years shall also be imposed.