The Offer and Facilitation in Social Networks as Sexual Crimes against Minors

Abstract

The crime of offering sexual services that includes minors by electronic means is a criminal type that violates the protected legal good of freedom and sexual indemnity. When analyzing the guiding verbs, an ambiguity is presented due to the lack of precision. Within the work, the analysis of the verbs "offer" and "facilitate" of article 174 of the Organic Integral Criminal Code is developed to determine if these constitute a crime of result or danger, based on a doctrinal approach, comparative analysis of legislations, quantitative and qualitative methodology. Likewise, a study was provided on electronic means, crimes of danger related to sexual crimes against minors, specifically concrete and abstract danger, from the subjective and objective type, as well as legal good. A doctrinal and jurisprudential investigation of crimes of danger in sexual crimes against minors in other legislations was also contemplated. This allowed us to conclude that the verbs "offer" and "facilitate" generate a crime of abstract danger as there is a danger to the protected legal good of minors.