reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2164 - Unlawful use of telecommunication services—Manufacture, possession or transfer of equipment

Any natural or [juridical] person shall be guilty of a misdemeanor who:
(a) Manufactures or owns any instrument, apparatus, equipment or device designed, adapted or that may be used to:
(1) Fraudulently avoid a lawful charge for any telecommunication service in violation of § 2163 of this title, or
(2) conceal, or to assist another in concealing from any provider of services of telecommunications or of any legal authority the existence or place of origin or destination of any telecommunication; or who
(b) sells, gives or in any other manner transfers to another or offers or advertises to sell, give or in any other manner transfers, any instrument, apparatus, equipment or device described in subsection (a) of this section, or who plans or instructs the manufacture or assembling of same, under circumstances evidencing the intention of using or employing said instruments, apparatuses, equipment or devices, or allowing that same be used or employed for any purpose as described in clauses (1) and (2) of subsection (a) of this section knowing of the intentions of using the plans and instructions above mentioned for the manufacture or assembling of said instruments, apparatuses, equipment or devices.
The person convicted of the offense defined by this section shall be punished by imprisonment in jail for a term of not less than three (3) months nor more than one year, or by a fine for the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both penalties, in the discretion of the court.
History —May 29, 1968, No. 62, p. 104, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2165 - Unlawful use of telecommunication services—Inapplicability to emergency and public service communications

Nothing herein provided shall be applicable to emergency and public service communications carried out by amateur radio-operator holders of licenses issued by the Federal Communications Commission without payment of charges by said licensees; Provided[, That] nothing herein contained shall exempt any person from the payment of legal tariffs of any telecommunications company.
History —May 29, 1968, No. 62, p. 104, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2166 - Communications of an obscene nature or with the intention of molesting; penalties

There shall be guilty of public offense in the Commonwealth of Puerto Rico any person who, by means of a telephone communication:
(a) Makes any remark, solicitation, insinuation, or obscene, lascivious or indecent proposition; or
(b) makes a telephone call, whether the conversation be established or not, without revealing his identity and with the intention of molesting, abusing, frightening or threatening any person who is at the place of the telephone called to; or
(c) who causes the telephone of another person to ring repeatedly and continuously with the intention of molesting any person at the telephone called to; or
(d) repeatedly makes telephone calls, whose sole purpose through the conversation is aimed at molesting any person at the telephone called to, or
(e) knowingly permits that any telephone under his control be used for any purpose forbidden by §§ 2166 and 2167 of this title. The person found guilty of the offenses created by §§ 2166 and 2167 of this title shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in jail for a term of not less than thirty (30) days nor more than one year, or by both penalties in the discretion of the court.
History —June 6, 1968, No. 76, p. 130, § 1, eff. 90 days after June 6, 1968.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2167 - Warning in telephone books

All telephone books hereinafter published and distributed to the general public shall contain a notice explaining §§ 2166 and 2167 of this title, which shall appear in printed type not to be smaller than any other type on the same page, preceded by the word “Warning.” The provisions of this section shall not be applicable to telephone books used exclusively for commercial advertisements commonly known as “classified listings,” except when same circulate separately from the general telephone book.
History —June 6, 1968, No. 76, p. 130, § 2, eff. 90 days after June 6, 1968.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2168 - Prohibition of reproduction, transfer, copying, pressing, labeling, advertising and sale of sound recordings and live performances

The reproduction, transfer, copying, pressing, labeling, advertising and sale of sound recordings made before February 15, 1972, without the authorization of the owner, and of live performance recordings and recordings not labeled with the true name and address of the manufacturer with the purpose of distributing them in the Commonwealth of Puerto Rico, so as to obtain personal financial gain and commercial benefits is hereby prohibited.
History —July 28, 1994, No. 43, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2169 - Definitions

For the purposes of this chapter, the words and phrases stated below shall have the following meaning, except when the context clearly indicates otherwise:
(a) Pressing. — Means incorporating material in a recording or other tangible medium of expression by its author or with his/her authorization, so that the material incorporated is sufficiently permanent or stable to allow it to be perceived, reproduced or otherwise communicated during a period of time which is not transitory.
(b) Live performance. — Means a recital, presentation or performance of a series of musical or spoken images, or of sound, or a combination of images and sounds.
(c) Manufacturer. — Means the entity which authorizes the duplication of the special recording in question, but does not include the manufacturer of the slipcase or the wrapping.
(d) Owner. — Means the person who owns the sounds pressed, or contained on a master phonograph record, a master record, master tape, master film or any other recording on which sounds have been recorded or may be recorded and from which the sounds that have been presssed and transferred are directly or indirectly derived.
(e) Person. — Means any individual, partnership, corporation or association or any other legal entity.
(f) Recording. — Means a tangible medium in which sounds, images or both are recorded or otherwise stored, including original phonograph records, records, compact discs, audio and video tapes, wire communication, films or other media now in existence or to be developed in the future, and on which sounds, images or both, are recorded or may be recorded or otherwise stored, or a copy or reproduction which totally or partially duplicates the original.
(g) Tangible media of expression. — Means the material object on which sounds, images or a combination of both, are pressed using any method known today or to be developed in the future, and from which sounds, images or a combination of both may be perceived, reproduced or otherwise communicated, be it directly or with the help of a machine or device.
(h) Transfer. — Means to duplicate a recording from one tangible medium of expression to another.
(i) True name and address. — Means the real name and address of the manufacturer who authorizes the duplication of the recording in question.
History —July 28, 1994, No. 43, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2171 - Presumption that the performer in a live perfomance is the owner of the copyright to record in absence of written contract; black market recordings

In case of live performances it is presumed that the performer is the owner in the absence of a written contract; contraband recordings [sic].
All recordings that have been pressed, transferred or possessed without the consent of the owner, and any recordings which do not include the true name and address of the manufacturer, with regard to the provisions of § 2170 of this title, shall be deemed to be black market recordings.
The owners or their legal representatives, as well as the Commonwealth of Puerto Rico, may bring before the court any proceedings that may be applicable to confiscate contraband recordings, and once the violation has been established, the court shall order the seizure, confiscation and destruction of the material seized. Provided, That this does not limit the power to seize without a judicial order of the Commonwealth solely in those cases provided by law or recognized by the jurisprudence.
Lack of knowledge of the provisions of this section shall not exempt the manufacturer, distributor, merchant or owner from penal or civil liability who, whether intentionally or not, incurs a violation thereof.
History —July 28, 1994, No. 43, § 4; Feb. 20, 2007, No. 12, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4013 - Definitions

For the purposes of §§ 4013—4026 of this title, the following terms shall have the meaning stated below:
(a) Stalking. — Means a pattern of behavior of vigilance, over a person; unwanted verbal or written communications are sent repeatedly to a specific person; written, verbal or implicit threats are made against a specific person; repeated acts of vandalism are directed to a specific person; repeated harassment through words, gestures or actions intended to intimidate, threaten or pursue the victim or members of his/her family.
(b) Persistent behavior pattern. — Means to make in [sic] two (2) or more occasions acts that show the intentional purpose of intimidating a specific person or his/her family members.
(c)
(1) Family. — Means: Spouse, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece, male or female cousin of the victim; or other relative by consanguinity, or affinity who is part of the family nucleus.
(2) A person who lives or has formerly cohabited with the victim as a couple; or has been involved in a relationship as a paramour or lover.
(3) A person who resides or has resided in the same dwelling as the victim, for at least six (6) months before the acts constituting stalking are evident.
(d) Intimidate. — Means any repeated action or word that instills terror in the animus of a prudent and reasonable person, to the effect that [he/]she, or any member of the family could suffer harm, personally, or of [his/]her property, and/or exert moral pressure on the animus of the person to perform an act against [his/]her will.
(e) Restraining order. — Means any written order under the seal of a court whereby the measures are dictated to an offender to abstain from incurring or performing certain acts that constitute stalking.
(f) Respondent. — Means any person against whom an order of protection is requested.
(g) Petitioner. — Means any person who requests a restraining order.
(h) Court. — Means the Trial Court of the General Court of Justice.
(i) Police officer. — Means any member or officer of the Police of Puerto Rico; or a municipal policeman duly trained and accredited by the Police of Puerto Rico.
History —Aug. 21, 1999, No. 284, § 3; Sept. 8, 2000, No. 394, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4014 - Delinquent conduct; penalties

(a) Any person who intentionally exhibits a constant or repetitive pattern of stalking directed at intimidating a specific person to the effect that said person or any member of his/her family could suffer personal or property damage; or that maintains said type of conduct knowing that a certain person could reasonably feel intimidated, shall be guilty of a misdemeanor.
The court may order restitution in addition to the term of imprisonment thus imposed.
(b) Stalking, as classified in this chapter, shall constitute a fourth-degree felony, if one or more of the following circumstances exist:
(1) The dwelling of a certain person or a member of his/her family is entered, thus instilling fear of suffering physical injury, and/or exerting moral pressure on the person’s animus to perform an act that is against his/her will; or
(2) grave bodily injury is inflicted on a certain person or a member of his/her family; or
(3) it is committed with a deadly weapon in circumstances not intended to kill or mutilate; or
(4) it is committed after a restraining order has been issued against the offender, in aid of the victim of stalking or other person who is also stalked by the offender; or
(5) an act of vandalism is committed that destroys property in the places that are adjacent or relatively close to the home, residence, school, workplace, or vehicle of a certain person or member of the family; or
(6) is committed by an adult against a child, or
(7) is committed against a pregnant woman.
(8) When committed against a person with whom he/she has an affective or intra-family relationship in a shared household where no intimate relationship has ever existed, as defined by §§ 601 et seq. of Title 8.
The court may impose the penalty of restitution in addition to the established term of imprisonment. The prosecution and punishment of any person for the crime defined and punished in §§ 4013—4026 of this title, shall not prevent the prosecution and punishment of the same person for any other act or omission in violation of any of the other provisions of §§ 4013—4026 of this title, or any other act.
History —Aug. 21, 1999, No. 284, § 4; Sept. 8, 2000, No. 394, § 2; Sept. 16, 2004, No. 376, § 1; May 29, 2013, No. 23, § 13.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4016 - Procedure for the [issuance] of restraining orders

(a) The procedure [for obtaining] a restraining order may commence through the filing of a verbal or written petition; or in any case that is pending between the parties; or by request of the District Attorney in a criminal procedure, or as a condition to enjoy a suspended sentence or parole.
(b) To expedite the procedure for interested parties to obtain a restraining order under §§ 4013—4026 of this title, the Office of the Courts Administration shall have forms available in the Office of the Clerk of the Courts of Puerto Rico, to request and execute said order. It shall also provide the help and guidance needed to complete and present them.
(c) Once the petition for a restraining order has been filed pursuant to the provisions of §§ 4013—4026 of this title, the court shall issue a summons to the parties, to appear within a term that shall not exceed five (5) days, under admonition of contempt. Notice of the summons and a copy of the petition shall be executed pursuant to the Puerto Rico Rules of Civil Procedure of 2009, as amended, and shall be served by an officer of the court or by any other police officer, as soon as possible, and shall have preference over any other type of summons, except those similar in nature. The court shall keep a file for each case in which it shall record every summons issued under §§ 4013—4026 of this title.
(d) Failure of a person who has been duly summoned under §§ 4013—4026 of this title to appear, shall be punished as criminal contempt to the court that issued the summons.
(e) When the petition is filed, the notice thereof shall be executed pursuant to what is established in the Puerto Rico Rules of Civil Procedure of 2009, as amended. By request of the petitioners, the court may direct for the petition to be served by any person over eighteen (18) years of age who is not a party to, nor has any interest in the case.
History —Aug. 21, 1999, No. 284, § 6, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4017 - Ex parte orders

The court may issue an ex parte restraining order, if it determines that:
(a) Diligent efforts have been made to serve the respondent party with a copy of the summons issued by the court, and of the petition that was filed before the court and has not been successful; or
(b) there is a probability that giving prior notice to the respondent party, would provoke the irreparable damage that is intended to be prevented by requesting the restraining order, or
(c) the petitioner shows that there is a substantial probability of imminent risk to the safety of the petitioner and/or any member of his/her family.
Whenever the court issues an ex parte restraining order, it shall be done provisionally. It shall immediately serve the respondent party with a copy thereof, or otherwise, and shall provide an opportunity to him/her to oppose it. To such effects it shall schedule a hearing to be held within five (5) days following the issuing of said ex parte order, unless the petitioning party requests an extension, to such effect. During said hearing, the court may render the order ineffective, or may extend its effect for whatever term it deems necessary.
History —Aug. 21, 1999, No. 284, § 7, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4018 - Contents of the restraining order

(a) Every restraining order shall specifically establish the orders issued by the court, the remedies ordered and the effective term thereof.
(b) Every restraining order shall establish the date and hour that it was issued and specifically notify the parties that any violation thereof shall constitute contempt of the court.
(c) Any ex parte restraining order shall include the date and hour it was issued, and shall indicate the date, time and place that the hearing for the extension or cancellation thereof will be held, and the reasons for which it was necessary to issue said ex parte order.
(d) All restraining orders shall meet the requirements established by §§ 2261, 2261A, 2262 and 2265 of the Violence against Women Act (VAWA), Title IV, P.L. 103-322 of the Violent Crime Control and Law Enforcement Act, including the requirements of due process of law to the defendant. All restraining orders shall establish that it shall be effective in any jurisdiction of the United States; provided that a violation to the same may result in arrest in any jurisdiction of the United States and that it shall be included in the Restraining Orders Registry.
Every restraining order issued by a court shall be issued on a form that is substantially equal in content to the one incorporated as a guide in §§ 4013—4026 of this title.
History —Aug. 21, 1999, No. 284, § 8; Sept. 8, 2000, No. 394, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4019 - Notice to the parties and law enforcement officers

(a) A copy of every restraining order shall be filed in the Office of the Clerk of the Court that issues it. The clerk of the court shall provide a copy thereof, by petition of the parties or of any interested party.
(b) Any order issued under §§ 4013—4026 of this title must be served personally to the respondent party, whether through a bailiff of the court, or police officer, or any person over 18 years of age who is not a party to, nor has an interest in the case, pursuant to the procedure established in the Rules of Civil Procedure of Puerto Rico, as amended, App. V of Title 32.
(c) The clerk of the court shall remit copies of the orders issued under §§ 4013—4026 of this title to the Police office in charge of keeping a record of the orders issued.
(d) The Police of Puerto Rico shall offer adequate protection to the party in whose benefit the restraining order is issued.
History —Aug. 21, 1999, No. 284, § 9, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4020 - Failure to comply with restraining orders

Any intentional violation of a restraining order issued pursuant to §§ 4013—4026 of this title, shall be punished as a misdemeanor, which will not impair his/her criminal liability under § 4014(b)(1) of this title or any other penal statute, and shall constitute contempt of court, which could result in a penalty of imprisonment, a fine, or both penalties.
Notwithstanding what is provided by Rule 11 of the Rules of Criminal Procedure, as amended, App. II of Title 34, even though there were no order to such effect, every police officer shall make an arrest, if a restraining order issued under §§ 4013—4026 of this title or a similar act is filed against the person to be arrested, or if it is determined that there is such an order by communicating with the pertinent authorities and there are grounds to believe that the provisions thereof have been violated.
History —Aug. 21, 1999, No. 284, § 10, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4021 - Duty to make an arrest upon filing restraining order

Every law enforcement officer shall make an arrest, if he is presented a restraining order issued under §§ 4013—4026 of this title, or a similar act against the person to be arrested, or if he/she determines that said order exists by communicating with the pertinent authorities, and has grounds to believe that the provisions thereof have been violated.
History —Aug. 21, 1999, No. 284, § 11, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4022 - Drafting of reports

Whenever a law enforcement officer intervenes in an incident that can be classified as stalking, he/she shall prepare a written report thereof. Said report shall include the allegations of the persons involved and the witnesses, the type of investigation performed, and the manner in which the incident was dealt with.
The law enforcement officer shall include in said report any statement of the victim with regard to the frequency and gravity of previous stalking incidents and on the number of times the victim has resorted to the Police or any private or public entity or private person, to ask for help.
This report shall be prepared for every intervention even though criminal charges have not been filed against the offender. These shall be kept apart from other types of reports, unless they are related to cases of domestic violence.
The Superintendent of Police shall establish a system to compile information that will allow keeping a copy of each intervention in the station in which it is generated, and which will facilitate the centralized compiling thereof in the Statistics Division of the Police of Puerto Rico.
The Statistics Division of the Police of Puerto Rico shall receive a copy of every report of interventions prepared pursuant to this section, each month, shall compile the information found therein, and shall prepare a public statistical report annually, on stalking incidents in Puerto Rico.
The Superintendent of Police shall establish the guidelines to guarantee confidentiality regarding the identity of the persons involved in stalking incidents.
History —Aug. 21, 1999, No. 284, § 12, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4023 - Independence of civil actions

It shall not be required, nor shall it be necessary for persons protected by §§ 4013—4026 of this title, to file criminal charges to request and be issued restraining orders.
History —Aug. 21, 1999, No. 284, § 13, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4024 - Rules for civil and penal actions

Unless otherwise provided in §§ 4013—4026 of this title, all civil actions filed under the provisions of §§ 4013—4026 of this title, shall be governed by the Puerto Rico Rules of Civil Procedure of 2009, as amended, App. V of Title 32. Likewise, penal actions filed under the provisions of §§ 4013—4026 of this title, shall be governed by the Puerto Rico Rules of Criminal Procedure of 1963, as amended, App. II of Title 34, unless it is otherwise provided in §§ 4013—4026 of this title.
History —Aug. 21, 1999, No. 284, § 14, eff. 90 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4629 - Title of the act

This act shall be known as the Penal Code of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 1, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4630 - Principle of legality

No criminal action shall be filed against any person for the commission of any act that is not expressly defined as a crime under this Code or special law, nor shall any punishment or security measure be imposed other than that established by the law prior to the commission of the act.
History —June 18, 2004, No. 149, § 2, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4631 - Prohibition on analogy

No crimes, punishment or security measures shall be created or imposed by analogy.
History —June 18, 2004, No. 149, § 3, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4632 - Principles of criminal sanctions

The punishment or security measure imposed shall be: in proportion to the seriousness of the crime, necessary and adequate to achieve the purposes contained in this Code and shall not attempt against human dignity.
History —June 18, 2004, No. 149, § 4, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4633 - Principle of legality

Any punishment or security measure shall be imposed exclusively by means of a court sentence.
History —June 18, 2004, No. 149, § 5, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4634 - Territorial

The criminal laws of Puerto Rico shall apply to any committed or attempted crime within the territorial extension of the Commonwealth of Puerto Rico.
It shall be understood as territorial extension the land, sea and air space subject to the jurisdiction of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 6, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4635 - Extraterritorial

The criminal laws of Puerto Rico shall apply to any committed or attempted crime outside the territorial extension of the Commonwealth of Puerto Rico under any of the following circumstances:
(a) When a part of the criminal behavior is carried out within the territorial extension of the Commonwealth of Puerto Rico.
(b) When the behavior constitutes a violation of the functions or duties inherent to the office or charge entrusted to an officer or employee of the Commonwealth of Puerto Rico or any person who performs services on his/her behalf.
(c) When genocide or crimes against humanity as defined in this Code are committed.
(d) When according to the treaties or agreements ratified by the United States of America the crime may be tried in the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 7, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4636 - Provisional

The criminal law applies to acts committed during its effectiveness.
History —June 18, 2004, No. 149, § 8, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4637 - Most favorable law

The criminal law has a retroactive effect in whatsoever favors the accused of a crime. Consequently, the following rules apply:
(a) If the law in effect at the time of the commission of the crime is different from that in effect when processing the accused or when imposing the sentence, the most lenient law shall always be applied.
(b) If during the term in which the person is serving the sentence a law that is more lenient with respect to the punishment, the security measure or the method of execution thereof takes effect, it shall apply retroactively.
(c) If during the term that the person is serving the sentence a law that suppresses the crime takes effect, or the Supreme Court issues a decision decriminalizing the act, the sentence shall be rendered null and the person freed from being incarcerated or under restriction of freedom.
In these cases, the effects of the new law or the new court ruling shall operate as a matter of law.
History —June 18, 2004, No. 149, § 9, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4638 - Law of provisional effectiveness

The criminal law of provisional effectiveness shall apply to those acts committed during its effectiveness, even if the law has lost its effectiveness afterwards, unless otherwise ruled by law.
History —June 18, 2004, No. 149, § 10, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4639 - Other laws

The principles contained in this subtitle apply to the conduct regulated by other criminal laws, unless said laws provide otherwise.
History —June 18, 2004, No. 149, § 11, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter III - Construction (§§ 4640 — 4642) › § 4640 - Concurrence of criminal provisions

When the same act is regulated by several criminal provisions:
(a) The special provisions shall prevail over the general provisions.
(b) The provisions of broader scope in the protection of the legal good shall absorb the provisions of a narrower scope and the former shall apply.
(c) The subsidiary provisions shall only apply in the default of the principal, if said subsidiarity is expressly stated or inferred.
History —June 18, 2004, No. 149, § 12, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter III - Construction (§§ 4640 — 4642) › § 4641 - Construction of words and phrases

The words and phrases shall be construed according to context and the meaning sanctioned by common and current usage.
The words used in this Code in the present tense also include the future; those used in the masculine gender include the feminine and the [gender neutral], except in cases in which such construction would be absurd; the singular number includes the plural and the plural includes the singular.
If the language used is susceptible to two (2) or more constructions, it shall be construed to further the purposes of this Code and of the particular article object of the construction.
History —June 18, 2004, No. 149, § 13, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4643 - Definition

A crime is an act committed or omitted in violation of a law forbidding or commanding it, which entails, upon conviction, a punishment or security measure.
History —June 18, 2004, No. 149, § 15, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4644 - Classification

Crimes are classified as misdemeanors and felonies.
A misdemeanor entails an individual fine of up to five thousand dollars ($5,000) or imprisonment for up to ninety (90) days. A felony, in all its classifications which are specified below, comprises all other crimes.
A felony entails imprisonment for more than six (6) months and, according to the corresponding penalty, is classified in four (4) degrees, as follows:
(a) First degree felony. — The penalty for which is imprisonment for a term of ninety-nine (99) years.
(b) Second degree felony. — The penalty for which is imprisonment for a term fluctuating between eight (8) years and one (1) day and fifteen (15) years. Second degree murder, sexual assault, aggravated kidnapping, child kidnapping and aggravated robbery, when damage is inflicted against the victim or if it takes place in the domicile of the victim, shall be severe second degree felonies with a penalty of imprisonment of between fifteen (15) years and one day and twenty-five (25) years.
(c) Third degree felony. — The penalty for which is imprisonment fluctuating between three (3) years and one (1) day and eight (8) years.
(d) Fourth degree felony. — The penalty for which is imprisonment fluctuating between six (6) months and one day and three (3) years.
However, other types of penalty besides imprisonment may be imposed for felonies and misdemeanors.
The felonies typified in special laws maintain the classification of felony and the corresponding penalty if they entail a penalty of imprisonment for more than six (6) months or a fine of more than five thousand dollars ($5,000), unless otherwise provided by law.
Misdemeanors typified in special laws maintain the classification of misdemeanor and the corresponding penalty if they entail a penalty that does not exceed six (6) months or a fine that does not exceed five thousand dollars ($5,000), or both penalties.
History —June 18, 2004, No. 149, § 16; Sept. 16, 2004, No. 338, § 1, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4645 - Crimes without an established punishment

If any act or omission were declared to be a crime and no proper punishment were established, such act or omission shall be punishable as a misdemeanor.
If any act or omission is declared to be a felony and no proper punishment is established, the sentence to be imposed shall be that of a fourth degree felony.
History —June 18, 2004, No. 149, § 17, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4646 - Forms of commission

Crimes can only be perpetrated by commission or omission.
History —June 18, 2004, No. 149, § 18, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4647 - Commission by omission

The crimes that classify the production of a result may only be committed by omission when the failure to prevent the same would be equal to the actual occurrence.
To determine the equivalence of the omission to its commission, the existence of a specific duty to prevent the result shall be taken into account, and if any prior action of the person who omits makes it possible to impute to the latter the risk situation of the legally protected interest.
History —June 18, 2004, No. 149, § 19, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4648 - Place of crime

The crime is considered committed:
(a) Where the act has been perpetrated or where the omitted act should have been perpetrated, or
(b) where the result has been produced or should have been produced in a location in Puerto Rico, in those cases in which the act has been perpetrated or the omission incurred outside of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 20, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4649 - Time of the crime

The crime is considered to be committed:
(a) At the time the act has been perpetrated or the omitted act should have been perpetrated, or
(b) at the time in which the result of the criminal offense has been produced.
History —June 18, 2004, No. 149, § 21, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4650 - Principle of subjective accountability

No person may be punished for an act foreseen in a criminal law unless the same is committed with intent or negligence.
The intent or negligence is shown by the circumstances connected with the act, the mental capacity and the expressions and conduct of the person.
The acts sanctioned in this Code require intent, unless it is expressly stated that negligence is sufficient.
History —June 18, 2004, No. 149, § 22, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4651 - Intent

The crime is committed with intent:
(a) When the corresponding act has been performed with a conduct voluntarily geared toward accomplishing it;
(b) the corresponding act is a natural consequence of the voluntary conduct of the author, or
(c) when the subject has wanted his/her conduct conscious of the fact that it implied a considerable and illegal risk of producing the criminal act produced.
History —June 18, 2004, No. 149, § 23, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4652 - Negligence

A crime is deemed to be committed negligently when it is performed without intent, but imprudently, when not observing the standard care that a reasonably prudent person would have observed in the same situation as the author in order to prevent the result.
History —June 18, 2004, No. 149, § 24, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4653 - Allowed risk

A person does not incur liability when he/she has caused a result classified as a crime, if said result does not constitute the production of sufficient and unlawful risk originated by his/her conduct.
History —June 18, 2004, No. 149, § 25, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4654 - Self-defense

Any person who defends his/her person, dwelling, property or rights, or the person, dwelling, property or rights of others under such circumstances as to reasonably believe that there is peril of imminent danger, shall not be held liable, provided there is the rational need for the means employed to avoid or repel the damage, lack of sufficient provocation on the part of the defending person and more damage than is necessary is inflicted to avert or avoid the injury.
When alleging self-defense to justify inflicting death to a human being, it is necessary to have reasonable grounds to believe that when inflicting death to the aggressor, the aggrieved or defending person was in imminent or immediate danger of death or serious bodily harm. To justify the defense of dwelling, the circumstances shall indicate trespassing of dwelling, or for the purpose of committing a crime. To justify defense of property or rights, the circumstances shall indicate an attack to the same that constitutes a crime or that poses serious danger of deterioration or imminent loss.
History —June 18, 2004, No. 149, § 26, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4655 - State of necessity

Any person who, in order to protect his/her own or another’s right from an imminent danger, not provoked by him/her and otherwise inevitable, infringes a duty or causes damage to another’s legally protected interest, shall not be liable, provided that the damage caused is lesser than the damage sought to be prevented and does not cause the death or the serious and permanent injury to the physical integrity of a person.
This cause for justification shall not benefit a person who, by reason of his/her office, occupation or activity, is bound to confront the risk and the consequences thereof.
History —June 18, 2004, No. 149, § 27, eff. May 1, 2005.