Age of Consent in Andorra: Current Rules and the December 2026 Change
The legal answer changes on 13 December 2026. Understand the rules in force now, the forthcoming age-gap exception and the separate restrictions on sexual images.
On 6 November 2026, Andorra’s Criminal Code treats sexual conduct with a person under 14 as occurring without consent. The replacement code’s ordinary threshold of 16 is scheduled to take effect on 13 December 2026, with a limited exception involving a minor aged at least 14 and an age difference strictly less than three years. Neither threshold removes the requirement for valid consent or the separate protections against exploitation. Sources: current Article 144; future Article 162 and final provision 5.
This guide distinguishes the law currently in force from legislation already enacted for a future date. That distinction matters when checking a website, planning a visit or asking about conduct that happened earlier. A single undated number can conceal a change in both the contact rules and the treatment of sexual images.
What the current code says about consent
Article 144(1) criminalises causing someone to participate in sexual behaviour or a sexual relationship without consent, with vitiated consent, or through violence or intimidation. Article 144(2) addresses unconsciousness, inability to resist and abuse of incapacity. It also treats sexual conduct with anyone under 14 as occurring without consent. The provision is expressed without a distinction between opposite-sex and same-sex conduct. Current Criminal Code, Article 144.
Reaching 14 does not establish that a particular encounter is lawful. Consent can still be absent or invalid. The code separately aggravates sexual aggression involving abuse of authority, superiority or trust, necessity or dependency, and specified family or cohabitation relationships. Penetrative aggression is addressed separately in Article 145. These are reasons to examine the circumstances rather than treating a birthday as blanket permission. Articles 145–146.
The current Article 144 does not contain the future code’s express three-year exception. Do not import that exception into the law applicable before its commencement. Equally, historical accounts describing offences in Articles 147–149 bis can be misleading: those provisions are shown without content in the current consolidation. Articles 144 and 147–149 bis.
The new threshold starts on 13 December 2026
Law 18/2026 was dated 15 July 2026 and published in the official gazette on 13 August 2026. Its final provision 5 delays the main code’s operation for four months. The legal portal’s situation sheet expressly identifies 13 December 2026 as the main commencement date; other parts have later dates. The date in the law’s title is therefore not the date on which its consent provisions become operative. Law 18/2026, situation sheet and final provision 5.
New Article 162(3) treats sexual conduct with a person under 16 as occurring without consent, subject to the exception in paragraph 4. Paragraph 2 expressly states that consent may be withdrawn at any time before or during the conduct. The ordinary threshold rises, but the law still requires examination of force, intimidation, incapacity and other circumstances affecting consent. Article 162(1)–(4).
The future exception requires a gap strictly below three years
Article 162(4) requires the younger minor to be at least 14 and the difference in age to be less than three years. It also excludes situations involving the circumstances in the earlier paragraphs that invalidate consent. An age gap of exactly three years does not meet the operative wording. A description such as “within three years” can obscure that boundary. Article 162(4).
There is a drafting detail worth checking against the enacted provision: the explanatory preamble describes the gap differently, whereas paragraph 4 uses the strict “inferior a tres anys” formulation. This guide follows the operative article rather than loosening its boundary through a summary of the preamble. Obtain individual legal advice if the calculation, birthdays or circumstances are disputed. Explanatory memorandum and Article 162(4).
The exception is tied to conduct involving a minor aged 14 or 15. It is not a general defence for force or exploitation, and it does not independently authorise making or circulating sexual images. The new code continues to address aggravated sexual aggression separately, including abuse of trust, superiority, authority and dependency. Articles 162 and 164.
Contact rules and image rules answer different questions
Current Article 155 separately addresses capturing a minor’s image to produce pornography, using or recruiting a minor, producing or distributing qualifying material, and offering, possessing, procuring or accessing it. Its definitions refer to explicit sexual activity, real or apparently real, and specified representations of a minor’s sexual parts for primarily sexual purposes. The ordinary contact threshold does not replace these separate elements. The current article contains no express equivalent of the future possession exception described below. Article 155.
Current Article 157 ter also addresses online dissemination of intimate material without the affected person’s authorisation, and online deception or threats to obtain sexual satisfaction through images or sexual information. Separately, Articles 154 and 154 bis criminalise sexual exploitation through a minor’s prostitution and define the relevant remuneration or advantage broadly, including offers or promises and payment to a third party. Articles 154–155 and 157 ter.
The future possession exception is narrow
From the new code’s commencement, Article 176(4) provides that mere possession of the material referred to in the preceding paragraph is not punishable when obtained with the minor’s consent within the Article 162(4) exception. It requires the absence of the specified consent-invalidating circumstances and excludes dissemination, transfer to third parties or any other making available. This is a possession provision: it should not be paraphrased as a general permission to produce or send such material. Article 176(2)–(4).
The new Article 166 expressly addresses both unauthorised circulation of intimate material and producing or manipulating synthetic sexual material followed by making it available to others without the represented person’s consent. Article 165 separately addresses certain unsolicited sexual material sent with the purpose specified there. These changes should not be described as already operative on the date this guide was checked. Articles 165–166.
Online meeting proposals also change: current Article 146(3) addresses a proposal to meet an under 14-year-old for the specified sexual offences when followed by material steps towards the meeting. Future Article 164(3) uses under 16 and expressly removes the need for a physical meeting or material execution steps. The criminal purpose remains part of the provision; this is not a claim that every online conversation is an offence. Current Article 146(3); future Article 164(3).
Criminal responsibility is a separate age question
Current Criminal Code Article 26 directs offences committed by people under 18 to the qualified law on minors’ criminal responsibility. Article 4 of Law 15/2019 states that a person under 12 is not criminally imputable and provides for referral to legal representatives and social services, while civil damage claims remain possible. These rules concern the alleged offender’s responsibility; they do not change the protected person’s consent threshold. Article 26; Law 15/2019, Article 4.
The juvenile-law page warns that its consolidation has not yet incorporated an amendment effective 14 August 2026. We therefore also checked Law 19/2026 itself: its juvenile amendment concerns provisional detention in Article 20(1)(a), rather than replacing the Article 4 rule described here. This avoids treating an out-of-date consolidation notice as either irrelevant or evidence that every provision has changed. Portal warning; Law 19/2026, Article 23.
For earlier conduct, record the date before comparing rules
The new code’s first transitional provision addresses applying more favourable rules, considered globally, in proceedings begun before its entry into force. That is a legal assessment, not an invitation to choose isolated favourable sentences from different versions. If the question concerns an earlier incident, record when it happened and obtain advice about the relevant version, transitional provisions and procedural posture. First transitional provision.
This guide concerns Andorran national legislation. The linked guides to France and Spain require their own analysis; proximity to a border does not make either neighbouring guide a substitute for checking Andorran law.
Common questions
Is the age of consent already 16?
On the checked date,6 November 2026, the current Article 144 uses under 14. The enacted replacement’s ordinary threshold of 16 is scheduled for 13 December 2026. Check the date and subsequent amendments before relying on either description. New code and commencement.
Does “less than three years” include exactly three years?
No. The future operative Article 162(4) uses a strict less-than boundary, alongside the minimum age 14 and its consent conditions. Article 162(4).
Does the future exception allow sharing intimate images?
The Article 176(4) exception concerns mere possession under specified conditions and expressly excludes transfer or making the material available. It does not provide a general authorisation to produce or distribute it. Article 176.
Sources, verification and practical next steps
Checked 6 November 2026 against Andorra’s public legal portal, including the currently consolidated code, its situation sheet, the enacted replacement and its commencement details, and the juvenile law together with the unincorporated 2026 amendment. Consolidated texts on the portal are labelled as lacking official status; the enacted legal instruments and their publication and commencement details must be distinguished from the portal’s editorial consolidation. Translations and explanations here are our editorial work, not an official English translation or an individual legal opinion.
- Law 9/2005, current Criminal Code and version history.
- Law 18/2026, replacement Criminal Code: Articles 162–166 and 176; first transitional and fifth final provisions.
- Law 15/2019, minors’ criminal responsibility, read with Law 19/2026.
For a specific situation, identify the exact date, each person’s date of birth, whether consent was freely given, any authority or dependency relationship, and whether images, payment or online meeting proposals are involved. Those facts help an Andorran lawyer identify the provisions that actually matter. Browse the Law & Rights library for country-specific comparisons and the editorial standards for our approach to verification.