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  • Title: Organic Act No. 3/1989 updating the Penal Code, 21 June 1989. [Selected provisions].
    Author: Spain.
    Journal: Annu Rev Popul Law; 1989; 16():21, 301-4. PubMed ID: 12344305.
    Abstract:
    Spain's Organic Act No. 3/1989 updating the Penal Code, June 21, 1989, prohibits public officials from soliciting sex from a person who, independently or through her spouse, spouse-like partner, ascendant, descendant, brother, or person related in the same degree, has business involving that official. A prison official who solicits sex from a person in his custody or any relative of that person, shall be punished with minor imprisonment. He who habitually and for any reason perpetrates physical violence against his spouse, child, or persons similarly situated to him, shall be punished with grand imprisonment. Free and express consent given by competent adults exempts parties from penal liability for organ transplants, sterilizations, or transsexual surgery. Sterilization of an incompetent person shall not be punished when the incompetent person suffers from serious mental deficiency and a judge has authorized the sterilization under specified conditions. A person commits the crime of rape, punishable with minor imprisonment, if he had carnal access to another person by vaginal, anal, or oral means using force or intimidation, or when the person lacks full faculties or is in an impaired condition, or when the person is under 12 of age, despite the absence of the above circumstances. Sexual aggression accomplished under the above circumstances shall be punished with minor imprisonment and a fine. If the aggression includes the use of objects or brutal, degrading, or harassing means, methods or instruments, the punishment shall be grand imprisonment. Whoever fails to fulfill support obligations shall be punished with grand imprisonment and a fine when there is malicious abandonment of the marital home or disorderly conduct; the Court may terminate parental authority. Those allowing the use of minors under age 16 in the practice of beggary shall be punished with grand imprisonment. Failure to perform parental duties or comply with court orders shall be punished.
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