2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4700 - Aggravating circumstances

The following facts concerning the convict and the commission of a criminal act are considered to be aggravating circumstances:
(a) The convict has a criminal record that was not considered to charge him/her with recidivism.
(b) The convict committed the criminal act while enjoying the benefits of suspended sentence, parole, therapeutic confinement, house arrest, release on bail or probation, or on a diversion program.
(c) The convict lied under oath in the trial held against him and was not processed for perjury.
(d) The convict threatened the witnesses, abetted them to commit perjury or otherwise obstructed the judicial proceedings.
(e) The convict took undue advantage of the authority of his office or employment or of the service or task that was under his/her responsibility.
(f) The convict committed the crime by using a uniform that identified him as a state, municipal or federal law enforcement officer or as an employee of a government agency or private entity.
(g) The convict used a minor or a disabled person for the commission of the crime.
(h) The convict induced or influenced or directed the other participants in the commission of the criminal act.
(i) The convict planned the criminal act.
(j) The convict executed the criminal act in exchange for money or any other means of compensation or promise to that effect.
(k) The convict used a firearm in the commission of the crime or used any other instrument, object, medium or method that is dangerous or harmful to life, bodily integrity, or health of the victim.
(l) The convict caused or threatened to cause serious bodily harm to the victim.
(m) The convict took advantage of his/her physical superiority over the condition of the victim and deliberately caused him/her further suffering.
(n) The victim of the crime was particularly vulnerable, whether because he/she was a minor, an elderly [person], a person with a mental or physical disability or a pregnant woman at any stage of her pregnancy.
(o) The crime committed was violent and its commission reveals cruelty and contempt toward the victim.
(p) The crime was committed within a building owned by the Commonwealth of Puerto Rico, a public dependency or its annexes, or caused the loss of public property or funds.
(q) The offense was committed and motivated by prejudice against the victim for reason of race, color, sex, sexual orientation, gender, gender identity, ethnicity, marital status, place of birth, physical or mental disability, social status, religion, age, religious or political beliefs or being homeless. For purposes of establishing motive as provided by this subsection, it shall not be sufficient to prove that the convict has a particular belief or that the convict merely belongs to a particular organization.
(r) The crime victim is a relative of the convict, whether biologically or by adoption, up to the second degree of consanguinity or affinity.
History —June 18, 2004, No. 149, § 72; Aug. 13, 2009, No. 72, § 1; Dec. 22, 2009, No. 188, § 1; Dec. 10, 2010, No. 193, § 1.