Article 188 [source]

Spanish Criminal Code
English translation

1. Anyone who induces, promotes, facilitates, or enables the prostitution of a minor or a person with a disability in need of special protection, or profits from such prostitution, or otherwise exploits a minor or a person with a disability for these purposes, shall be punished with imprisonment for two to five years and a fine of twelve to twenty-four months.

If the victim is under sixteen years of age, the penalty shall be imprisonment for four to eight years and a fine of twelve to twenty-four months.

2. If the acts described in the preceding paragraph are committed with violence or intimidation, in addition to the fines provided, a prison sentence of five to ten years shall be imposed if the victim is under sixteen years of age, and a prison sentence of four to six years in all other cases.

3. The penalties shall be increased by one degree to those provided for in the preceding sections, as applicable, when any of the following circumstances are present:

a) When the victim is in a situation of special vulnerability due to age, illness, disability, or any other circumstance.

b) When, in committing the crime, the perpetrator has taken advantage of a situation of cohabitation or a relationship of superiority or kinship, being an ascendant, or sibling, by birth or adoption, or relative by marriage, with the victim.

c) When, in committing the crime, the perpetrator has taken advantage of their position as an authority, agent thereof, or public official. In this case, an additional penalty of absolute disqualification from holding public office for six to twelve years shall be imposed.

d) When the perpetrator has intentionally or through gross negligence endangered the life or health of the victim.

e) When the acts have been committed by the joint action of two or more persons.

f) When the offender belongs to an organization or association, even of a temporary nature, that engages in such activities.

4. Anyone who solicits, accepts, or obtains, in exchange for remuneration or a promise, a sexual relationship with a minor or a person with a disability in need of special protection, shall be punished with a prison sentence of one to four years. If the minor is under sixteen years of age, a prison sentence of two to six years shall be imposed.

5. The aforementioned penalties shall be imposed in their respective cases without prejudice to those corresponding to offenses against sexual freedom or integrity committed against minors and persons with disabilities in need of special protection.