Any person caught rustling cattle or in illegal possession or custody of stolen cattle, pursuant to the provisions of § 864 of this title, shall commit a felony and if convicted shall be sanctioned with the penalty of imprisonment for a fixed term of five (5) years. Should extenuating circumstance exist said penalty may be reduced for up to a minimum of ten (10) years; should aggravating circumstances exist said penalty may be increased for up to a maximum of fifteen (15) years, in both cases at the discretion of the court. Neither the value of the cattle seized nor the fact that the cattle in question have been recovered shall be a requirement for configuring said offense.
For the purposes of this chapter, the following circumstances shall be aggravating:
(a) That the person has been convicted before for violating the provisions of this chapter which constitute a felony.
(b) That the value of the cattle seized exceeds the amount of ten thousand dollars ($10,000).
(c) That during the commission of the offense significant damage has been done to the cattle or the installations, facilities or infrastructure where the cattle was found and from where it was taken.
(d) That during the commission of the offense bodily harm has been caused to any person other than the violators.
(e) That the cattle have been taken from their owner or from the person under its custody through violence or intimidation.
(f) That at the time of intervening with the violators any agent or inspector has been injured.
The court may also, at its discretion, impose the penalty of restitution for damages caused to the cattle as well as for the material losses and/or damages of any kind suffered by the injured parties when these have been the product of the criminal acts committed by the violators; the court may also impose the penalty of a fine of not less than five hundred dollars ($500) nor of more of ten thousand dollars ($10,000) besides the penalty of imprisonment already established. The application of this special act against its violators shall not hinder criminal prosecution for other offenses when in the commission of the acts in question other conducts typified as such in the Puerto Rico Penal Code and not contemplated or set forth in this legislation are subsumed.
History —Sept. 29, 2004, No. 517, § 8, eff. 120 days after Sept. 29, 2004.