Andorra Reforms Penal Code: Paid Interactive Online Sex Content Classified as Prostitution

Andorra's government has approved reforms to the penal code that classify paid, interactive online sexual content—such as custom requests on platforms like OnlyFans—as prostitution. Consumers risk administrative fines of 501 to 1,500 euros, while facilitators face prison terms of three months to three years, or two to five years if coercion is involved. Justice and Interior Minister Esther Molné presented the changes during a Monday briefing, clarifying that general pornography production and passive consumption remain legal. The distinction hinges on direct interaction where a buyer specifies content in exchange for payment.

Approved by the Council of Ministers last Wednesday, the package targets gaps in digital protections, particularly for youth. It establishes the age of consent at 16, or 14 if partners are no more than five years apart. Non-consensual distribution of sexual images—including AI-generated or altered depictions simulating nudity or acts—carries three months to three years in prison. Unsolicited sexual material qualifies as harassment, punishable by arrest. Child pornography now covers any material resembling a minor, even if the person is not, with up to four years' imprisonment. Attempting to attend pornographic shows involving minors or people with disabilities incurs up to two years.

Additional measures address online hate speech incitement, with three months to three years in prison and aggravated penalties for digital platforms. Domestic violence rules no longer require cohabitation, with steeper sentences if occurring in the victim's home or affecting a child. Companies face criminal liability for the first time on grave offenses including human trafficking, money laundering, environmental crimes, and private-sector corruption, with fines up to 300,000 euros and potential business bans. These align with Moneyval and Greco recommendations.

The bill heads to the Consell General on Tuesday under urgent procedure, aiming for approval before July. Most changes take effect one year after BOPA publication, though parliament could accelerate provisions on sexual freedom, discrimination, and harassment through amendments. Molné noted openness to refinements, including from parties like Concòrdia.

Opposition voices have emerged. The Partit Socialdemòcrata plans to push for abortion decriminalization during parliamentary debate, per group president Susanna Vela. Concòrdia’s Núria Segués called for a new chapter on child sexual assaults with aggravants for victims aged zero to four, tighter consent age gaps (two years maximum for teens), and consultations on limits like relations involving much older adults. Diversand welcomed hate crime expansions but seeks precise definitions informed by international models. Vice-president Isabella Vargas stressed civil society input to avoid subjective enforcement.

Police are enhancing digital forensics capabilities, though online payment tracking tools are still evolving. Molné underscored the need for a clear framework to enable prosecutions, describing the online prostitution sanctions as unique regionally while aligning with Andorra's existing client-focused approach.