Article 235 [source]

Spanish Criminal Code
English translation

1. Theft shall be punished with a prison sentence of one to three years:

1. When items of artistic, historical, cultural, or scientific value are stolen.

2. When essential goods are stolen and a shortage is caused.

3. When pipes, wiring, equipment, or components of electrical, hydrocarbon, or telecommunications infrastructure, or other items intended for the provision of services of general interest, are stolen and serious damage is caused to them.

4. When agricultural or livestock products, or the tools or means used to obtain them, are stolen, provided the crime is committed on farms or livestock operations and the value of the stolen goods exceeds 400 euros.

5. When the offense is particularly serious, considering the value of the stolen goods, or when significant damage is caused.

6. When it places the victim or their family in a serious economic situation, or is committed by taking advantage of their personal circumstances or vulnerability, or by exploiting an accident or a general risk or danger to the community that has weakened the victim's defense or facilitated the commission of the crime with impunity.

7. When, at the time of committing the crime, the perpetrator has been definitively convicted of at least three less serious or serious offenses included in this title, provided they are of the same nature. Expunged or expunged records will not be taken into account.

8. When minors under sixteen years of age are used to commit the crime.

9. When the perpetrator or perpetrators participate in the acts as members of a criminal organization or group dedicated to committing offenses included in this title, provided they are of the same nature.

10. When the stolen items are mobile phones. Likewise, any other mobile communication device or digital mass storage device capable of containing personal data and information. For the purposes of this section, devices that are for sale, stored, or displayed in commercial establishments will not be considered included.

2. The penalty indicated in the preceding section will be increased by half when two or more of the circumstances provided for therein are present.