P.R. Laws tit. 18, § 1518

2019-02-20 00:00:00+00
§ 1518. Penalties

(a) Any person who on his own or through his agents, representatives or employees destroys, mutilates, loots, takes possession of, sells, exchanges, exports or in any manner seizes any underwater archaeological artifact or site, or violates any provision hereof, or any applicable law, or the regulations adopted thereunder, or fails to comply with any resolution, order or decision issued by the Council shall be guilty of a misdemeanor and upon conviction thereof shall be penalized with a five hundred dollar ($500) fine or six (6) months’ imprisonment or both penalties, at the discretion of the court.

(b) In addition to, and apart from the sanction previously imposed, in the cases where it applies, the court shall order the convict to return the underwater archaeological objects in his possession.

(c) The Institute may resort to the Court of First Instance, San Juan Part, to recover the total value of the underwater archaeological objects not recovered or the value of the objects that are mutilated or damaged. It also may claim the value of the damages caused to the natural environment and request that an underwater archaeological object in the possession of any person accused of possessing it illegally be put in the custody of the court.

(d) The Council is hereby empowered to impose administrative fines for violations to this chapter or any other applicable law and the regulations adopted thereunder, to any natural or juridical person who fails to comply with any resolution, order or decision issued by the Council. The administrative fines shall not exceed ten thousand dollars ($10,000) for each violation, it being understood that each day the violation subsists shall be deemed as a separate violation.

(e) In case the Council determines that contempt has been incurred in the commission or continuation of acts in violation to this chapter or any other applicable law, or the regulations adopted thereunder, or contempt for noncompliance with any resolution, order or decision issued by the Institute or Council, either of said entities, in the exercise of its discretion, may impose an additional administrative fine up to a maximum of fifty thousand dollars ($50,000) for any of the acts indicated herein.

(f) The power granted to the Council to impose administrative fines does not substitute nor impair its power to bring any applicable civil or criminal judicial procedure.

(g) Any person who knowingly makes any false representation, certification or statement under this chapter or any other applicable law, or any regulations adopted thereunder, or makes any false representation in any report or document required by the Council by virtue of this chapter or its regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished with a five hundred dollar ($500) fine, or six (6) months’ imprisonment or both penalties, at the discretion of the court.

(h) Every person convicted for a second or subsequent violation to subsections (a) and (g) of this section shall be guilty of a felony and, upon conviction thereof, shall be punished with a ten thousand dollar ($10,000) fine or one (1) year imprisonment or both penalties at the discretion of the court.

(i) When a corporation or entity violates any of the provisions herein, their directors, officials, trustees, administrators or agents who may have authorized, ordered or committed the acts that constitute such violation shall also be subject in their personal capacity to the penalties specified herein for such violation.

(j) Any person having personal knowledge of a violation to this chapter or any other applicable act or its regulations may file the appropriate action before the respective bodies.

History —Aug. 7, 1987, No. 10, p. 630, § 18.