P.R. Laws tit. 8, § 450c
Any father, mother, or person responsible for the wellbeing of a minor or any other person who, through an intentional commission of an act or omission which causes harm to a minor or puts his or her health or physical, mental, or emotional integrity at risk, including, but not limited to, incurring conduct that constitutes a sexual offense, incurring in conduct that constitutes domestic violence in the presence of minors, incurring in obscene conduct or using a minor to carry out obscene conduct, shall be sanctioned with a fixed term of imprisonment of five (5) years, or a fine of not less than five thousand dollars ($5,000), nor of more of ten thousand [dollars] ($10,000), or both penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed penalty thus established may be increased to a maximum of eight (8) years; should there be extenuating circumstances the fixed penalty may be reduced for up to a maximum of three (3) years.
When the conduct incurred constitutes a sexual offense in the presence of a minor, or a minor is used to perform an act of an obscene nature, or to perform acts that constitute a sexual offense aimed at satisfying the prurient behavior of others, the fixed term of imprisonment shall be eight (8) years. Should there be aggravating circumstances, the fixed penalty may be increased to a maximum of ten (10) years; should there be extenuating circumstances the fixed penalty may be reduced to six (6) years of imprisonment.
In these cases, the following circumstances shall be deemed aggravating circumstances:
(a) If the victim is an ascendant or descendant in any degree, including relations by adoption or affinity.
(b) If the victim is a collateral relative up to the fourth degree of consanguinity, whether full blood or half blood, including relations by adoption or affinity.
(c) If the victim has been compelled to the act by the use of irresistible physical force, the threat of grave and immediate bodily harm accompanied by the apparent capacity to carry it out, or by neutralizing or diminishing substantially the victim’s capacity to resist through the use of hypnotics, narcotics, depressants, stimulants, or chemical substances, or inducing him or her to the act through any deceitful means.
(d) If the victim suffers from any special, temporary or permanent, physical or mental condition.
(e) When the crime is committed by the operator of a foster home in the exercise of his or her official duties, or by any employee or officer of a public, private, or privatized institution, as defined herein.
When the conduct typified in the preceding paragraphs occurs as a result of a pattern of behavior, it shall be sanctioned with a fixed term of imprisonment of ten (10) years, or a fine that shall not be less than five thousand dollars ($5,000) nor of more than ten thousand (10,000), or both penalties at the discretion of the court.
When the crime of abuse referred to in this section takes place under the aggravating circumstances described in subsection (e) therein, the court shall, in addition, impose a fine on the public or private institution, of not less than five thousand dollars ($5,000), or nor of more than ten thousand dollars ($10,000).
Should there be aggravating circumstances, the established fixed penalty may be increased up to a maximum of twelve (12) years; should there be extenuating circumstances, the penalty may be reduced for up to a minimum of eight (8) years.
History —Aug. 1, 2003, No. 177, § 75, eff. 90 days after Aug. 1, 2003.