P.R. Laws tit. 25, § 458n

2019-02-20
§ 458n. Discharging or pointing firearms

(a) Any person shall be found guilty of a felony, and punished with a penalty of imprisonment for a fixed term of five (5) years, who, except in cases of self defense or defense of third parties, or actions in the performance of official duties or legitimate sports activities:

(1) Willfully fires any weapon in a public place or any other place where there is any person who could be harmed, even though he/she causes no harm whatsoever to any person, or

(2) intentionally, although without malice aforethought, points a weapon towards a person, even though he/she causes no harm whatsoever to any person.

If there were aggravating circumstances, the penalty thus established could be increased to a maximum of ten (10) years, if there were mitigating circumstances, it could be reduced to a minimum of one (1) year.

(b) Every person who, except in case of self defense, or of third parties, or of acts in the performance of official functions or legitimate sports activities, incurs in any of the acts described above, using a pneumatic weapon, shall be guilty of a felony with a penalty of imprisonment for a fixed term of three (3) years. If there were aggravating circumstances, the penalty thus established may be increased to a maximum of six (6) years; of there were mitigating circumstances, it can be reduced to a minimum of six (6) months and one (1) day.

(c) Acknowledging the compelling interest of the State to preserve the life and safety of its citizens, and that indiscriminately discharging a firearm from a motor vehicle constitutes utter disregard for human life, except in cases of self- defense or that of third parties, or while carrying out official duties, any person who discharges a firearm from a motor vehicle, whether a water or land vehicle, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of twenty (20) years, without the right to a suspended sentence, parole, benefit from credit or diversion programs, or alternatives to imprisonment. If there were aggravating circumstances, the punishment may be increased up to a maximum of forty (40) years; if there were mitigating circumstances, the punishment may be reduced to a minimum of ten (10) years.

History —Sept. 11, 2000, No. 404, § 4.15, renumbered as § 5.15 on Jan. 10, 2002, No. 27, § 18; June 20, 2011, No. 97, § 1.