Andorra Approves Penal Code Overhaul Targeting Online Sex Crimes, Corruption, and Discrimination

The Andorran government has approved major amendments to the Penal Code, focusing on online sexual crimes, youth protection, private-sector corruption, discrimination, and corporate criminal liability, with the bill now heading to parliament for urgent approval.

Justice and Interior Minister Ester Molné outlined the reforms on Monday after the Council of Ministers endorsed them last Wednesday. The package will reach the Consell General on Tuesday for fast-track processing, targeting approval before the July session break. This responds to recommendations from Moneyval and Greco, including new penalties for legal entities involved in serious offences such as human trafficking, money laundering, environmental crimes, and corruption.

Central to the changes are protections against digital sexual exploitation. Sending sexual material without the recipient's consent will qualify as sexual harassment, punishable by arrest. Digital prostitution draws tough measures: those paying for or engaging with online sexual content face fines from 500 to 1,500 euros, while profiting from or coercing creators could lead to up to five years in prison.

The age of sexual consent is set at 16 generally, or 14 if partners are no more than five years apart. Attempting to attend pornographic shows featuring minors or people with disabilities becomes a crime, with penalties up to two years. Child pornography now covers any material depicting or resembling those under 18, carrying up to four years in prison.

Sharing a third party's sexual images without permission, or using AI to create images simulating nudity or sexual acts, will result in prison sentences of three months to three years. Domestic violence rules expand beyond explicit cohabitation, with aggravated penalties if occurring in a minor's presence or at the victim's home.

Private-sector corruption is criminalised for the first time, with Molné highlighting its economic damage. Discrimination crimes now include incitement to hatred, especially online, with tougher penalties in digital spaces—addressing demands from groups like Diversand.

Corporate liability introduces fines up to 300,000 euros and activity bans for companies linked to grave offences. Most rules take effect one year after BOPA publication, though Molné indicated parliament could amend to speed up sexual freedom and anti-discrimination provisions.