2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 42 - Child Safety, Well-being, and Protection Act (§§ 1101 — 1206) › Subchapter V - Civil and Criminal Provisions (§§ 1171 — 1178) › § 1174 - Abuse

Any father, mother, or person responsible for the well-being of a minor or any other person who, through the intentional commission or omission of an act, causes harm to a minor, or endangers his/her health or physical, mental, or emotional integrity, including, but not limited to engaging in conduct that constitutes sexual abuse, domestic violence in the presence of minors, obscene conduct, or using a minor to carry out obscene conduct shall be punished by imprisonment for a fixed term of five (5) years or by a fine of at least five thousand dollars ($5,000), but not more than ten thousand dollars ($10,000), or both penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed penalty herein established may be increased to a maximum of eight (8) years; should there be mitigating circumstances, the fixed penalty may be reduced to a minimum of three (3) years.
When the conduct engaged in constitutes sexual abuse in the presence of a minor, or when a minor is used to perform an act of an obscene nature or to perform acts that constitute a sex crime to satisfy the lasciviousness of others, the fixed term of imprisonment shall be ten (10) years. Should there be aggravating circumstances, the fixed penalty may be increased to a maximum of twelve (12) years; should there be mitigating circumstances, the fixed penalty may be reduced to eight (8) years of imprisonment.
In these cases, the following shall be deemed aggravating circumstances:
(a) If the victim is an ascendant or descendant to any degree, including relations by adoption or affinity.
(b) If the victim is a collateral relative up to the fourth (4th) degree of consanguinity, whether full blood or half blood, including relations by adoption or affinity.
(c) If the victim has been compelled to the act by the use of irresistible physical force, the threat of grave and immediate bodily harm accompanied by the apparent ability to carry it out, or by neutralizing or substantially diminishing his/her ability to resist through the use of hypnotics, narcotics, depressants, stimulants, or chemical substances, or if the victim has been induced to the act through any deceitful means.
(d) If the victim suffers from any special temporary or permanent physical or mental condition.
(e) When the crime is committed by the operator of a foster home in the exercise of his/her ministerial duties, or by any employee or officer of a public, private, or privatized institution, as defined herein.
When the conduct classified in the preceding paragraphs occurs as a result of a behavioral pattern, it shall be punished by imprisonment for a fixed term of twelve (12) years, or by a fine that shall be of at least five thousand dollars ($5,000), but not more than ten thousand dollars ($10,000), or both penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed term established may be increased to a maximum of fifteen (15) years; should there be mitigating circumstances, the term may be reduced to a minimum of ten (10) years.
When the crime of abuse referred to in this section takes place under the aggravating circumstances referred to in subsection (e), the court shall also impose a fine on the public or private institution of at least five thousand dollars ($5,000) but not more than ten thousand dollars ($10,000). In addition, the court may revoke the license or permit granted for the operation of said institution.
No conviction under these paragraphs may qualify for the benefit of diversion.
History —Dec. 16, 2011, No. 246, § 58, eff. 90 days after Dec. 16, 2011.