El delito de sexting frente al derecho a la intimidad. Una aproximación al concepto desde una perspectiva jurídico-criminológica

Resum

The right to privacy enshrined in article 18.1 of the Spanish Constitution has been protected by the 1995 Penal Code since its creation. The development of New Information and Communication Technologies has allowed the appearance of new illegitimate interference with this fundamental right, as is the case of sexting. Faced with the modifications and social demands, the legislator reforms Organic Law 10/1995, of November 23, of the Penal Code to adapt it to new social dynamics, sometimes not with a favorable or coherent result. The objective of this work is to check the coherence between the sexting practices that take place between the subjects and the wording of the typical behavior included in article 197.7 of the Penal Code. the analysis reflects lack of coherence between the wording of the norm in relation to basic characteristics of the dynamics of sexting