He High Court of Justice of Navarre (TSJN) confirmed a 3-year prison sentence handed down by the Provincial Court last April to a 26-year-old from Madrid who, via Instagram, asked for sex in exchange for money has two minors residents in the Pamplona region.
In this decision, which is subject to appeal before the Supreme Court, the Civil and Criminal Chamber of the TSJN also ratifies both the Prohibitions on approach and communication as the compensation established by the first section of the hearing.
Thus, the accused must compensate with 600 euros to each of the victims, with whom they will not be able to communicate or approach within 300 meters for 3 years. At the conclusion of the prison sentencesmust comply with the supervised release measure for a period of 7 years (5 for one offence and 2 for the other).
Since the beginning of January 2022, contact has been processed via Instagram with a minor under 13 years of age, to whom he made offers of sexual character has money exchange, between 300€ and 900€ according to various practices. This young woman told it to one of her friends.
The two minors decided to respond to the accused, who continued with the offers, even though he knew that one of the minors was 13 years old and the other 16 or 17 years old. On the occasion, as was considered approved in the sentence, the accused Sexual photos or videos attached.
The First Section of the Court of Navarre considered the facts as constituting two offences of solicitation of sexual relations with minorsHe sentenced the 13-year-old to two years in prison for the crime and the 17-year-old to one year.
In the judgment in which rejects the appeal filed by the defenseThe Criminal Division of the Superior Court details the incriminating evidence. In this regard, the magistrates affirm that the sexual offers in exchange for money are proven, conduct that constitutes a crime. These proposals, they add, were made from a profile associated with an email registered since 2011 in the name of the convicted person.
Furthermore, as the judges point out, the Internet connections were established from a phone number owned by mother of the accused. This number is located in a house where three people lived: the accused, his brother and his mother. And it was therefore verified that the identity of one of the residents coincided with that of the owner of the aforementioned email address.
To be more complete, the Court emphasizes that when the criminal recordThe accused was found to have records in three different locations for crimes identical or very similar to those prosecuted here.
