🇪🇸 Understanding the Law in Spain and How to Report

Possession, distribution, or production of images involving minors in sexually explicit contexts is a criminal offense in Spain. This includes any photos, videos, or digital material depicting individuals under 18 in sexual or suggestive situations.

Spanish law is clear: even possessing these images — without sharing or producing them — is punishable by law.

This article will guide you on what actions to take if you:

• Discover illicit images involving minors on someone’s device.
• Suspect someone is sharing or producing such material.
• Are unsure what to do and need legal clarity.

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⚖️ What the Law Says in Spain

Under Article 189 of the Spanish Criminal Code, it is a criminal offense to:

• Possess any pornographic content involving minors.
• Distribute, share, or exchange such content (even in private groups or encrypted apps).
• Produce or create images, even through manipulation or AI.
• Knowingly access or download child sexual abuse material.

➡️ Penalties may include:

• Prison sentences of 1 to 9 years, depending on the nature and severity of the offense.
• Increased penalties if the individual is in a position of trust (e.g., teacher, coach, family member).

Important: Consent is never a defense. A minor cannot legally consent to participate in or be depicted in sexual content.

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🛑 If You Discover These Images: DO NOT IGNORE IT

🚫 Do NOT:

• Try to confront the person directly (this could be dangerous or alert them to delete evidence).
• Share the images with others (even to show proof — this may be considered distribution).
• Delete the images from the device (you may accidentally destroy evidence).

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✅ What TO DO: Step-by-Step Legal Response

1. Secure the Evidence — Without Accessing or Forwarding the Content

If you’ve seen it, take note of:

• The file name or app where it’s stored (WhatsApp, gallery, cloud, etc.).
• The device owner and context.
• Any relevant time/date information.

2. Contact the Authorities Immediately

You should report the situation to one of the following:

• Policía Nacional (National Police)
• Guardia Civil (especially the Internet Crime Unit — GDT)
• Local police or the cybercrime division
• You can also report anonymously via:
  • https://www.policia.es/_es/colabora.php
  • CyberTip (INCIBE): https://www.incibe.es/en

🚨 In case of immediate risk to a child, call 112.

3. Avoid Downloading or Handling the Material Yourself

Accessing or saving it — even with the intent to report — could unintentionally implicate you under Spanish law.

Instead, notify law enforcement and allow them to handle the forensic side of the investigation.

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👧 Protecting the Victims: Why This Matters

Every image or video represents a real child who has been exploited or harmed. By reporting what you see, you’re not just upholding the law — you’re helping to protect victims from continued trauma and exploitation.

Experts agree: the psychological damage caused by this kind of abuse can last a lifetime, especially when images continue to circulate long after the event.

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📣 Summary for Sharing on Social Media

🔒 Found suspicious or illegal images involving minors on someone’s phone?
Here’s what you should NEVER do:

• ❌ Do not delete the images
• ❌ Do not confront the person
• ❌ Do not share the content

✅ Here’s what to do instead:

1. Note where the images are stored.
2. Contact the Guardia Civil, Policía Nacional, or local authorities.
3. Let law enforcement secure the evidence legally.

📢 Reporting is not optional — it’s a legal duty and a moral obligation.
Protect children. Speak up. Do the right thing.

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👥 FOR THOSE IN SUPPORTIVE ROLES

If you’re a teacher, therapist, carer, or part of a youth organization:

• Know the reporting protocols within your institution.
• Ensure staff are trained to recognize, report, and handle such discoveries appropriately.
• Seek legal or professional advice if in doubt — but never remain silent.

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