Digital Exhibitionism Lawyer
Criminal defense against charges of indecent exposure by video call, streaming or the sending of unsolicited images.
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Digital Exhibitionism: Art. 185 CP
Digital exhibitionism is the technological expression of the classic offence of indecent exposure under Article 185 of the Spanish Criminal Code. The label covers very different conducts sharing a single substrate: the exposure of non-consensual sexual content through digital means. It includes the exposure of genitals by video call, the unsolicited sending of intimate images (cyberflashing), live or streaming broadcasts with sexual content directed at non-consenting recipients, and the mass sending of explicit material through messaging apps or social media. Article 185 CP, as amended by Organic Law 10/2022, punishes anyone who carries out, or makes another person carry out, acts of indecent exposure before minors or persons with a disability in need of special protection with 6 months to 1 year's imprisonment or a fine of 12 to 24 months. Case law has extended the concept of exposure to digital forms: live video calls, pre-recorded photographs or videos, streaming broadcasts and equivalent platforms.
Passive Subject and Age of Consent
The offence under Article 185 CP requires the recipient to be a minor (under 18) or a person with a disability in need of special protection. Between consenting adults, digital exposure is not punishable; between adults without consent it may amount to the harassment offence of Article 172 ter CP where it is repeated and seriously alters the victim's everyday life, or to the insults of Articles 208 et seq. CP. The defense must examine in detail the recipient's real age and the reasonable appearance of the profile.
Concurrence with Grooming and Other Digital Offences
Where the exhibitionist conduct forms part of a process of approaching a minor for sexual purposes, it may concur with the offence of grooming under Article 183 CP (contact through information technologies for a sexual purpose with minors under 16). It may also concur with the sexual provocation of Article 186 CP, the production or distribution of child sexual abuse material under Article 189 CP where material is requested from or received from the minor, and the offences against moral integrity of Article 173 CP. The correct classification is decisive given the very different penalties involved.
Digital Evidence and Evidential Questions
The evidence in these cases usually rests on digital material: screenshots, platform logs, IP addresses, file metadata and the contents of seized devices. The defense must thoroughly review the chain of custody, the authenticity and integrity of the files, the material authorship (effective identification of the user behind an account, possible shared use of the device, identity impersonation), and the lawfulness of the steps taken to obtain the evidence (interception of communications, device searches, requests to service providers).
Defense Strategy
We build the defense around: challenging the digital evidence and the chain of custody; contesting the material authorship of the sending; mistake as to the recipient's age where the profile showed a reasonable adult appearance; discussion of the correct classification among the possible offences; application of mitigating factors (reparation, voluntary removal, treatment); and, in borderline cases, discussion of the conduct's non-punishable nature. We act before the Investigating Courts, the Criminal Courts, the Provincial Courts and, where appropriate, the Central Investigating Courts.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Art. 185 CP | 6 months to 1 year's imprisonment or a fine of 12 to 24 months where the recipient is a minor or a person in need of special protection. |
| Grooming | Possible concurrence with Art. 183 CP: 1 to 3 years' imprisonment. |
| Harassment | Between adults, Art. 172 ter CP may apply: 3 months to 2 years' imprisonment. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Sexual Offenses and Gender Violence in Spain: Legal Defense Guide
Sexual offenses in Spain are governed by Art. 178-194 of the Criminal Code, significantly reformed by Organic Law 10/2022 (the "Only Yes Means Yes" law) and its subsequent correction by LO 4/2023. Gender violence offenses — one of Spain's most prosecuted areas — are found in Art. 153-173 CP, with special aggravated penalties when the victim is an intimate partner.
Penalty Table: Sexual Offenses (Post-2023 Reform)
| Offense | Article | Penalty |
|---|---|---|
| Sexual assault (basic) | Art. 178 | 1 – 4 years |
| Sexual assault with penetration | Art. 179 | 4 – 12 years |
| Aggravated sexual assault | Art. 180 | 7 – 15 years |
| Child sexual abuse (under 16) | Art. 183 | 2 – 15 years |
| Child pornography (holding) | Art. 189.5 | 3 months – 1 year |
| Gender violence (minor assault) | Art. 153.1 | 6 months – 1 year |
| Stalking / Harassment | Art. 172 ter | 3 months – 2 years |
Critical Defense Strategies
Consent Analysis (Only Yes Means Yes)
Post-reform, consent must be explicit and ongoing. Defense focuses on context, prior relationship history, and how withdrawal of consent was expressed.
False Allegations Defense
False accusations are frequent in custody disputes. Challenge credibility with inconsistencies between statements, phone/message evidence, and expert psychological assessment.
Digital Evidence Review
WhatsApp messages, social media interactions, and digital footprint often contradict prosecution narratives. Comprehensive digital forensics analysis is essential.
Challenging the Expertise Reports
Psychological victim assessments used in court are frequently challenged on methodological grounds. Expert counter-reports are a cornerstone of defense.
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