Fifteen days later, more news in the case of fake nudes with artificial intelligence in the Extremaduran municipality of Almendralejo. The Provincial Prosecutor’s Office for minors of Badajoz has already implicated 26 minors as alleged culprits in the case of the montages, which have already affected 21 girls; That’s 15 more than a week ago. The figure of the 26 minors was announced this Tuesday by the senior prosecutor of Extremadura, Javier Moreno, in El Periódico de Extremadura and also confirmed by this newspaper by sources from the Prosecutor’s Office, who indicate that 21 of them are criminally attributable, that is , which can be judged by the Penal Code. Now we just need to conclude the degree of involvement of each of them. “Receiving the images is not the same,” says prosecutor Montero in the Extremaduran newspaper, “as saving or making use of them by transmitting them to third parties, which is why it is important to check the role of participation in these events, which we have no doubt.” that they are criminal.”
The other five minors who are under 14 years old would not be liable for prosecution under the Penal Code, but that does not mean that they are exempt. Tax sources indicate that protection measures are always applied. What does it mean? That different specialists prepare a report on the situation of minors and, subsequently, it is brought to the attention of the Government of Extremadura, which will be the one to rule on what measures could be adopted, such as courses related to gender and sexual violence, educational measures, definitely. “What is always intended is to re-educate,” these sources from the Prosecutor’s Office assure. Now the investigation will continue with the ratification of the victims before the Prosecutor’s Office, in order to qualify the possible crimes for all those involved.
Tax sources indicate that, in principle, they would explore three types for those who have already turned 14 years old. That is, for 21 of the 26 involved. And for those under 14? They would also have sanctions, but instead of going through the Penal Code, they would go through the Civil Code.
Assuming that the Juvenile Prosecutor’s Office concludes that, indeed, a crime could have been committed, with what is known so far three possible types would open up. On the one hand, a crime of child pornography. For this crime, not just any image is valid, the law expressly says that this photograph has to be pornographic and explicit: “for primarily sexual purposes.” An image of your genitals or a sexual position. A nude photo on the beach would not, in principle, be classified as pornographic.
Another crime that these minors could face – always for those who have already turned 14 or older – would be a crime against moral integrity. That is, if the photos do not have sexual content, but do undermine the dignity of the minors; if it has caused them humiliation, for example. This is the one that, according to prosecutors’ sources, would be clearest. And, finally, the Juvenile Prosecutor’s Office would also explore crimes against privacy. In this case, however, it will always depend on how these images of the minors were obtained. If the photos have been obtained in a private environment, for example, this crime would be classified. The one or those who are finally tried and convicted will always go to a juvenile center, up to the age of 18. These centers are distributed throughout the different autonomous communities. In this case, they would go to a juvenile center in Extremadura.
The origin of the case
It all started on September 18, with the return to school. Isabel, 14 years old, went to her school on Tuesday with the hope of a new school year. That morning, after entering the patio, a rumor spread from group to group. There was nothing else talked about among the students. The majority commented that there were photos of naked students circulating on cell phones. Isabel, who hides her real name at the express wish of her mother, then went out to recess with her friends. Suddenly, a boy approached her in the middle of the yard and told her that he had seen a naked photo of her.
The young woman was scared. At noon, when she returned home, the first thing she did was inform her mother. “Mom, they say there’s a naked photo of me hanging around. That they have done it through an artificial intelligence application. I’m afraid. There are also girls who have received it.” Sara C., her 44-year-old mother, then contacted the mother of her daughter’s best friend, who had also just informed her family of what had happened. After the conversation, the mothers begin to make calls. The case had just exploded. The case affects four of the five educational centers that have Compulsory Secondary Education in the town.
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