The result must be an alteration of public services

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This alteration must be serious, which is a difficult circumstance to determine, and it will be the judges or courts who will assess when it occurs. The protected legal good , as the same article indicates, is public peace, which consists of a subjective and collective feeling of confidence in the normality of coexistence in public spaces. With these criminal types, the aim is to preserve the confidence of citizens in a peaceful and orderly social and public environment , where coexistence is not threatened.This type of punishment is not understood to have been carried out if there is no intention to violate public peace, so it is only possible to commit the crime intentionally , not through recklessness. Acts of violence or intimidation . In no case is it a crime of public disorder to participate in a peaceful demonstration. Furthermore, acts of violence or intimidation must occur: About people or things. Or obstructing public roads, so that a danger to the life or health of people is caused .

Thus, it is understood that an unequivocal invitation through technological means to have sexual relations is a material act aimed at rapprochement . Jurisprudence interprets that sexual acts, within the scope of this crime, may have a format other than the conventional one. Contact with the victim may never overcome the technological barrier, but as long as there is two-way communication in which the acts aimed at DM Databases rapprochement are carried out, the crime is understood to have been committed. Although the crime is called cyberbullying, doctrine and jurisprudence agree that a single contact is enough for the crime to be committed . So there does not have to be harassment per se or continuity in communication. The same article contemplates an aggravating circumstance : when the approach is obtained through coercion, intimidation or deception, the penalties will be imposed in the upper half. Apart from the basic conduct of section 1 of the article, article .



Punishes anyone who deceives a minor by the same means in order for the latter to provide him or her with pornographic material or show him or her pornographic images in which a minor appears. The penalty in this case is imprisonment of 6 months to 2 years, less than in the previous case. Who can be a passive subject and active subject of the crime of grooming? The passive subject of the crime must necessarily be a minor under 16 years of age. As for the active subject and author of the events, it may be any person criminally responsible, that is, over 14 years of age. Obviously, if the author is between 14 and 18 years old, the applicable law will be the Minor Criminal Law. All of this without prejudice to the fact that the Penal Code contains a criminal exemption in the event that there is consent from the victim and the perpetrator of the acts is a person close to the minor by age and degree of development or physical and psychological maturity.