P.R. Laws tit. 25, § 331r

2019-02-20 00:00:00+00
§ 331r. Penalties—Causing fires; negligence

Every person who negligently or for failing to take due precautions causes a fire or by his negligence contributes in some way to its development or propagation, shall be punished with imprisonment for a term of not less than thirty (30) days nor more than six (6) months, or a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500), or both penalties, at the discretion of the court, for the first violation. Provided, That the court may impose the penalty of rendering community services in an activity related to the Puerto Rico Firefighters Corps as established by Section 49B of Act No. 115 of July 24, 1974, as amended, instead of imprisonment.

Every subsequent violation shall constitute a felony and the convicted person shall be punished with imprisonment for a fixed term of two (2) years. If there are aggravating circumstances, the established fixed term may be increased to a maximum of three (3) years; if there are extenuating circumstances, it may be reduced to a minimum of one (1) year. The court may impose the established fixed penalty of imprisonment or a fine that will not exceed two thousand dollars ($2,000), or both penalties, at its discretion.

It shall be understood that a fire has been caused by the negligence of the owner, occupant or administrator of a building if that person has failed to comply with the regulations or orders of the competent authorities in order to avoid or prevent fires, or has voluntarily failed to acquire all those fire extinguishing devices, or any other type, required by said authority.

History —June 21, 1988, No. 43, p. 163, § 20, renumbered as § 21 on Aug. 12, 1995, No. 199, § 3.