reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter I - Crimes Against Civil Status (§§ 4754 — 4758) › § 4758 - Adultery

Any married person who has sexual intercourse with a person other than his/her spouse shall incur a misdemeanor.
The prosecution for the crime of adultery shall commence within one year after the crime is committed or from the time it became known to the plaintiff.
If the crime of adultery is committed between a married woman and an unmarried man, or a married man and an unmarried woman, the unmarried man or the unmarried woman shall have committed adultery.
History —June 18, 2004, No. 149, § 130, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4760 - Abandonment of minors

The father or mother of a minor or any person who is in charge of said minor for support or education, who abandons said minor in any place with the intent to leave said minor unprotected shall incur a fourth degree felony.
When, due to the circumstances of the abandonment, the life, health, bodily integrity or sexual indemnity of the child jeopardized, the person shall incur a third degree felony.
History —June 18, 2004, No. 149, § 132, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4761 - Exclusion

Surrendering a minor to a child care institution, whether public or private, by the parents, one of the parents, or guardian does not constitute the crime of abandonment of minors. The directors, officers or employees of the institution shall not ask for any information regarding the mother or the father of the minor surrendered, unless the minor shows signs of abuse.
The Commonwealth of Puerto Rico shall have the legal custody and the institution that shelters shall have physical custody of the minor until the Department of the Family provides otherwise.
History —June 18, 2004, No. 149, § 133, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4762 - Kidnapping of minors

Any person who, by means of force, violence, intimidation, fraud or deceit abducts a minor for the purposes of detaining and hiding said minor from the parents, the tutor or from any other person in charge of said minor shall incur a severe second degree felony.
A penalty in the upper half of the corresponding range shall be imposed when the conduct prohibited in the previous paragraph is carried out in:
(a) A public or private hospital institution;
(b) a public or private elementary, middle or high school;
(c) an occupied building or its premises;
(d) a child care center, or
(e) a park, recreational area or shopping mall.
History —June 18, 2004, No. 149, § 134; Sept. 16, 2004, No. 338, § 3, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4763 - Illegal deprivation of custody

Any person who without the right to do so deprives a father, mother or any other person of the legal custody of a minor or a person with disabilities shall incur a misdemeanor.
It shall be considered as an aggravated crime and a fourth degree felony when any of the following circumstances concurs:
(a) If the minor is taken out of the jurisdiction of the Commonwealth of Puerto Rico.
(b) If the non-custodial father or mother residing outside of Puerto Rico retains the minor when he/she should return the minor to the home of the parent with legal custody.
History —June 18, 2004, No. 149, § 135, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4764 - Adoption in exchange for money

Any person who, for profit, receives money or other goods in exchange for the surrendering of a minor for adoption or any person who offers or gives money in exchange for the surrendering of a child for adoption in violation of the law that regulates said procedure, shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 136, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter II - Due Protection of Minors (§§ 4759 — 4765) › § 4765 - Child corruption

The following shall incur a fourth degree felony:
(a) Any person who intoxicates, induces, advises, abets or helps to intoxicate a minor who has not attained eighteen (18) years of age with alcoholic beverages.
(b) The owner, businessperson, administrator, manager, director, clerk or employee of a public establishment or business who consents or tolerates the commission in said establishment of any of the acts set forth in subsection (a).
(c) The owner, administrator or person in charge of any establishment used wholly or in part as a bar or gambling place who allows a minor who has not attained eighteen (18) years of age to participate in games of chance.
(d) Any person who authorizes, abets, allows or orders a minor who has not attained eighteen (18) years of age to engage in public mendicancy, participate in games of chance, or stay in a house of prostitution or sodomy.
(e) The owner, administrator, person in charge or employee of a house of prostitution or sodomy who allows the presence of a minor who has not attained eighteen (18) years of age.
In those cases in which the establishments or locations mentioned in this section have been granted a permit or license, the cancellation or revocation of said permit or license may also be imposed.
The juridical person where such conduct is performed may also be a participant in this crime.
History —June 18, 2004, No. 149, § 137, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter III - Due Protection of Elderly and Persons with Disabilities (§§ 4766 — 4767) › § 4766 - Noncompliance with obligations to provide support

Any person who, without legal justification, fails to comply with the legally or court imposed obligation to provide support to another person of legal age, whether a spouse or an elderly ascendant or descendent relative, shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 138, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter III - Due Protection of Elderly and Persons with Disabilities (§§ 4766 — 4767) › § 4767 - Abandonment of elderly and persons with disabilities

Any person to whom an elderly or person with disabilities who is unable to care for him/herself is entrusted, and who abandons said person in any place with the intention of deserting him/her shall incur a fourth degree felony.
When due to the circumstances of the abandonment the life, health, bodily integrity or sexual indemnity of the person is jeopardized, the perpetrator shall incur a third degree felony.
History —June 18, 2004, No. 149, § 139, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter IV - Respect for the Dead (§§ 4768 — 4769) › § 4768 - Profanation of cadavers or ashes

Any person who unlawfully mutilates, exhumes or removes a human cadaver, or part thereof, or its remains or ashes from the place of burial or from where it is deposited awaiting burial or cremation, or who otherwise defiles it, shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 140, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter IV - Respect for the Dead (§§ 4768 — 4769) › § 4769 - Profanation of a grave or interruption of a funeral

Any person who profanes the place of burial of a human cadaver, the objects therein devoted to honor its memory or those that contain its remains or ashes, or who prevents or interrupts a funeral, wake or funeral service shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 141, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter I - Sexual Violence Crimes (§§ 4770 — 4774) › § 4770 - Sexual assault

Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances shall incur a severe second degree felony:
(a) If the victim has not yet reached the age of sixteen (16) at the time of the event.
(b) If due to mental disability or illness, whether temporary or permanent, the victim is unable to understand the nature of the act at the time of its commission.
(c) If the victim has been compelled into the act by means of physical force, violence, intimidation or the threat of serious and immediate bodily harm.
(d) If the victim’s capability to consent has been annulled or diminished substantially without his/her knowledge or without his/her consent by means of hypnosis, narcotics, depressants or stimulants, or similar means or substances.
(e) When at the time of the commission of the act the victim is not conscious of its nature and this circumstance is known to the person accused.
(f) If the victim submits to the act by means of deception, trickery, simulation or cover up with respect to the identity of the person accused.
(g) If the victim is forced or induced by means of abuse or physical or psychological violence into participating or becoming involved in unwanted sexual relations with third parties.
(h) If the accused person is a relative of the victim, by ascendancy or descendancy, or consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree.
(i) When the accused person takes advantage of the trust deposited in him/her by the victim because there is a relationship of superiority because the victim is under his/her custody, guardianship, or primary, secondary or special education, medical or psychotherapeutic treatment, or any type of counseling, or because there is a relationship with the victim as the leader of his/her religious belief.
If the conduct typified in subsection (a) of this section is committed by a minor who has not yet reached the age of eighteen (18), the offender shall incur a third degree felony if prosecuted as an adult.
History —June 18, 2004, No. 149, § 142; Sept. 16, 2004, No. 338, § 4, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter I - Sexual Violence Crimes (§§ 4770 — 4774) › § 4771 - Essential circumstances of sexual assault crimes

The crime of sexual assault essentially consists of battery against the bodily or psycho-emotional integrity and dignity of the person.
When considering the circumstances of the crime, the point of view of a person of equal age and gender as the victim shall be taken into consideration.
Ejaculation is not necessary and any sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental, regardless of how slight, shall be sufficient for the consummation of the crime.
History —June 18, 2004, No. 149, § 143, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter I - Sexual Violence Crimes (§§ 4770 — 4774) › § 4772 - Lewd acts

Any person who without the intention to consummate the crime of sexual assault described in § 4770 of this title submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused, under any of the following circumstances hereinbelow, shall incur a third degree felony.
(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime.
(b) When the victim was compelled to the act by means of physical force, violence, the threat of serious and immediate bodily harm or intimidation, or by means of hypnotics, narcotics, depressants or stimulants, or otherwise similar means or substances.
(c) When the victim, due to mental disease or a temporary or permanent disability was unable to understand the nature of the act.
(d) When the victim was compelled to the act through the use of deceptive means that substantially annulled or impaired his/her capacity to consent.
(e) If the accused has kinship with the victim, by reason of being an ascendant or descendant relative, by consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree.
(f) When the accused takes advantage of the trust placed upon him/her by the victim because there is a relationship of superiority due to having the victim under his/her custody, guardianship, or primary, middle school or special education, or medical or psychotherapeutic treatment, or any type of counseling, or because there is a religious belief leadership relationship with the victim.
—June 18, 2004, No. 149, § 144, eff. May 1, 2005.
History
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter I - Sexual Violence Crimes (§§ 4770 — 4774) › § 4773 - Bestiality

Any person who performs, or incites, coerces or assists another person to perform any type of sexual penetration with an animal shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 145, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter I - Sexual Violence Crimes (§§ 4770 — 4774) › § 4774 - Sexual harassment

Any person who in the ambit of a workplace, educational or rendering of services requests sexual favors for him/herself or for a third party, and conditions the terms of the employment, education and service to its fulfillment, or by means of sexual conduct provokes an intimidating, hostile or humiliating situation for the victim shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 146, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter II - Crimes Against Public Decency (§§ 4775 — 4776) › § 4775 - Indecent exposure

Any person who exposes any intimate part of his/her body in any place in which another person is present, including law enforcement officers, who can be offended or upset by such exposure, shall incur a misdemeanor.
This conduct does not include the act of breastfeeding an infant.
History —June 18, 2004, No. 149, § 147, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter II - Crimes Against Public Decency (§§ 4775 — 4776) › § 4776 - Indecent proposal

Any person who in a public or open space makes indecent proposals in a manner that is offensive to public decency shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 148, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter III - Prostitution and Similar Activities (§§ 4777 — 4781) › § 4777 - Prostitution

Any person who engages in, accepts, offers or solicits to have sexual relations with another person for money, stipend, compensation or any type of payment shall incur a misdemeanor.
For the purposes of this subchapter, the gender of the parties that engage in, accept, offer or solicit to have sexual relations shall not be considered a defense.
History —June 18, 2004, No. 149, § 149, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter III - Prostitution and Similar Activities (§§ 4777 — 4781) › § 4778 - Houses of prostitution and sodomy

The following shall incur a misdemeanor:
(a) Any person who owns or exploits under any denomination a house or annex thereof, building or annex thereof, or premises thereof to arrange or practice prostitution or sodomy, or otherwise manages, directs or administrates or participates in the property, exploitation, direction or administration thereof.
(b) Any person who, as owner or administrator, or under any denomination, leases a house or annex thereof, building or annex thereof, or any premises thereof to be used as a house to arrange or practice prostitution or sodomy.
(c) Any person who, as owner, administrator, director, person in charge, or under any denomination, has a house or annex thereof, building, annex, or premises thereof, allows the habitual presence therein of one or several persons to arrange or practice prostitution or sodomy.
It is hereby provided that regarding establishments or places referred to in this section, the court shall also order the revocation of any licenses, permits or authorizations to operate.
In these cases, the juridical person where the conduct is [sic] occurs may also be a participant in this crime.
History —June 18, 2004, No. 149, § 150, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter III - Prostitution and Similar Activities (§§ 4777 — 4781) › § 4779 - Disorderly houses

Any person who owns or under any denomination has a disorderly establishment or house in which the peace, well-being or decorum of the neighborhood is disturbed or disturbances are promoted habitually shall incur a misdemeanor.
In such cases, the juridical person where the conduct is [sic] occurs may also be a participant in this crime.
History —June 18, 2004, No. 149, § 151, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter III - Prostitution and Similar Activities (§§ 4777 — 4781) › § 4780 - Proxenetism, pandering and human trafficking

The following shall incur a fourth degree felony:
(a) Any person who, for profit, or to satisfy the lewdness of another promotes or enables the prostitution of another person, even with the consent of said person;
(b) makes the prostitution of others his/her habitual means of livelihood, or
(c) promotes or enables the entry or exit from the Commonwealth of Puerto Rico of another person, even with the consent of said person, to have the person practice prostitution or sodomy.
History —June 18, 2004, No. 149, § 152, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter III - Prostitution and Similar Activities (§§ 4777 — 4781) › § 4781 - Aggravated proxenetism, pandering and human trafficking

Any person who commits the crime described in § 4780 of this title shall incur a third degree felony if any of the following circumstances concur:
(a) If the victim has not attained eighteen (18) years of age.
(b) When there is deceit, violence, abuse of authority or any means of intimidation or coercion.
(c) If the perpetrator is an ascendant, descendent, spouse, brother/sister, guardian or the person in charge of the education, guardianship or has the custody of the victim.
(d) If the prostitution or sodomy of more than one person is promoted or enabled.
History —June 18, 2004, No. 149, § 153, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4783 - Sending, transporting, sale, distribution, publishing, exhibiting or possessing obscene material

Any person who knowingly sends or has another send, transports or has another transport, brings or has another bring obscene material to Puerto Rico for its sale, exhibition, publication or distribution, or who owns, prepares, publishes, or prints any obscene material in Puerto Rico with the intention of distributing, selling, or exhibiting it to others, or to offer it for its distribution or sale shall incur a misdemeanor.
If the crime described in the previous paragraph is intended for or in the presence of a minor, or if a minor is used to help or assist in the prohibited conduct, the offender shall incur a fourth degree felony.
The provisions of this section with respect to the exhibition of any obscene material or the possession thereof with the intention of exhibiting the same, shall not apply to any employee, projectionist, or operator of a cinematographic device who has been employed and is acting within the scope of his/her employment, provided that said employee, projectionist or operator does not have a proprietary interest of any sort in the place or establishment in which he/she is employed.
History —June 18, 2004, No. 149, § 155, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4784 - Obscene shows

Any person who knowingly engages in or participates in the administration, production, sponsorship, presentation or exhibition of a show that contains obscene conduct or participates in a part of such an event, or contributes to its obscenity, shall incur a misdemeanor.
If the behavior described in the preceding paragraph is carried out for or in the presence of a minor, the offender shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 156, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4785 - Production of child pornography

Any person who knowingly promotes, allows, participates in or directly contributes to the creation or production of child pornography material or child pornography shows shall incur a third degree felony.
History —June 18, 2004, No. 149, § 157, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4786 - Possession and distribution of child pornography

Any person who knowingly owns, prints, sells, purchases, exhibits, distributes, publishes, transmits, transfers, sends or circulates child pornography material or child pornography shows shall incur a third degree felony.
History —June 18, 2004, No. 149, § 158, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4787 - Use of a minor for child pornography

Any person who uses a minor, or persuades or induces a minor into posing, modeling or incur sexual conduct with the purpose of preparing, printing or exhibiting child pornography material or into participating into a show of said nature shall incur a third degree felony.
History —June 18, 2004, No. 149, § 159, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4788 - Exhibition and sale of material injurious to minors

The following shall incur a fourth degree felony:
(a) Any person in charge of the supervision, control or custody of a commercial or business establishment that knowingly exhibits, displays or exposes to view any material injurious to minors in those areas of the establishment or premises to which minors have access as part of the general public, or who sells, rents, or lends such material to a minor.
(b) Any person in charge of the supervision, custody or control of a movie theater in which cinematographic films containing material injurious to minors are shown and who knowingly sells an entrance ticket or otherwise allows the entrance of a minor into such an establishment.
History —June 18, 2004, No. 149, § 160, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4789 - Propaganda of obscene or child pornography material

Any person who prepares, exhibits, publishes, announces or solicits from another person to publish or exhibit an announcement of obscene or child pornography material or who otherwise promotes the sale or distribution of such material shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 161, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4790 - Conditional sale or distribution

Any person who knowingly, as a condition for the sale, distribution, consignment or delivery for resale of any newspaper, magazine, book, publication or otherwise any merchandise that requires the buyer or consignee to receive any obscene or child pornography material, or who denies, revokes or threatens to deny or revoke a franchise, or who imposes a monetary punishment or of any other sort because such a person refuses to accept said material, or because of the return of said material, shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 162, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4791 - Transmission or retransmission of obscene or child pornography material

Any person who knowingly distributes any obscene or child pornography material through television, radio, computer or any other electronic means or communications media shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 163, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4792 - Seizure

The Secretary of Justice, the Police Superintendent or the Secretary of the Treasury, through their delegates or law enforcement officers may seize any property or interest that any person has acquired in violation to the provisions of this section, subject to the procedures established by the Uniform Seizures Act, §§ 1723 et seq. of Title 34.
History —June 18, 2004, No. 149, § 164, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 300 - Crimes Against Sexual Indemnity (§§ 4770 — 4793) › Subchapter IV - Obscenity and Child Pornography (§§ 4782 — 4793) › § 4793 - Destruction of material

When a conviction and binding sentence for any of the crimes included in this section exists, the court shall order the destruction of any obscene or child pornography material or announcement which has motivated the conviction of the offender and is in the hands or in the control of the court, the prosecution or a law enforcement officer.
History —June 18, 2004, No. 149, § 165, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4794 - Slavery

Any person who exercises attributes attaching to the right of ownership or any of them over another person shall incur a third degree felony.
History —June 18, 2004, No. 149, § 166, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4795 - Restriction of freedom

Any person who unlawfully restricts another person in such a manner so as to interfere substantially with his/her freedom shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 167, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4796 - Aggravated restriction of freedom

A fourth degree felony shall be incurred if the crime of restriction of freedom is committed with concurrence of any of the following circumstances:
(a) By means of violence, intimidation, fraud or deceit.
(b) By simulating to be a public authority.
(c) By any public official or employee abusing the powers inherent to his/her authority or duties.
(d) Under the pretext that the restricted person suffers an illness or mental disability.
(e) To a person who has not attained eighteen (18) years of age, has disabilities and is unable to care for him/herself, or is mentally ill.
History —June 18, 2004, No. 149, § 168, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4797 - Kidnapping

Any person who by means of force, violence, intimidation, fraud or deceit abducts or detains and hides another person depriving him/her of his/her freedom shall incur a second degree felony.
When the victim is abducted from the location he/she is at and is removed from it, the removal of the victim must be for a substantial time or distance and not merely incidental to the commission of another offense.
History —June 18, 2004, No. 149, § 169; Sept. 16, 2004, No. 338, § 5, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4798 - Aggravated kidnapping

Any person who commits the offense of kidnapping when any of the following circumstances exists shall incur a severe second degree felony:
(a) When the offense is committed against a person who has not yet reached the age of eighteen (18), is disabled and cannot take care of him/herself, or who is mentally ill.
(b) When the offense is committed against the Governor of Puerto Rico, a legislator or Cabinet Secretary or head of an agency or public corporation, judge, special independent prosecutor or a prosecuting attorney of the Department of Justice of Puerto Rico, whether appointed by the Governor of Puerto Rico or designated as such by the Secretary of Justice.
(c) When the offense is committed for the purpose of demanding monetary compensation or if any unlawful act or an act against the will of the kidnapped person is carried out, or to demand from the Government the release of any inmate that is serving a sentence or the release of a person arrested or charged with respect to the commission of any offense.
(d) When the kidnapping is initiated outside the territorial limits of the Commonwealth of Puerto Rico and the person is either brought or sent to Puerto Rico.
History —June 18, 2004, No. 149, § 170; Sept. 16, 2004, No. 338, § 6, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4799 - Delay in the interrogation of the arrested person

Any public officer or person who having arrested someone unreasonably and unnecessarily delays bringing the arrested person before a judge shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 171, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4800 - Noncompliance with writ of habeas corpus

Any public officer or person to whom a writ of habeas corpus is addressed who fails or refuses to comply with it after its presentation shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 172, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4801 - Evasion of writ of habeas corpus

Any public officer or employee who has in his/her custody or authority any inmate on whose behalf a writ of habeas corpus is issued and who, with the purpose of eluding its presentation or evading its effects, transfers the inmate into the custody of another person or places him under the power or authority of another person, or hides or changes the location of imprisonment, or transfers the inmate out of the jurisdiction ordered in the writ shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 173, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4802 - New arrest or imprisonment of a released person

Any person who, on his/her own or as a member of a court, unlawfully detains, arrests, imprisons or deprives of freedom a person released from prison for the same cause by virtue of a writ of habeas corpus shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 174, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4803 - Undue extension of the penalty

Any officer or employee of an institution, detention center, penal or correctional establishment intended for the serving of sentences or for security measures, who engages in the following shall incur a fourth degree felony if:
(a) He/she receives any person without an order issued by a competent authority or without meeting the legal requirements;
(b) he/she disobeys the release order issued by a judge, or
(c) he/she unduly extends the service of the penalty or security measures.
History —June 18, 2004, No. 149, § 175, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4804 - Illegally obtained arrest or search warrant

Any person who illegally and without a judge finding probable cause pursuant to the law obtains the issuance and execution of an arrest or search warrant shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 176, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter I - Restriction of Freedom (§§ 4794 — 4805) › § 4805 - Illegal search

Any person who executes a search, under the pretext of authority and without a warrant issued by a judge in accordance with the law shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 177, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4806 - Illegal compiling of personal information

Any public employee or officer who without legal authority and for illegal purposes prepares, maintains or preserves a file, blacklist, manual, list, or index, or compiles information and documents containing names and information on persons, groups and organizations solely and exclusively due to religious or labor beliefs or ideals, or for reasons of race, color, sex, or physical or mental health conditions, without said persons, groups or entities being connected to the commission or attempt to commit a crime, or for purposes of discriminating in the obtainment of or permanence in employment shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 178, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4807 - Illegal recording of images

Any person who without legal justification or without a legitimate investigative purpose uses electronic or digital video equipment, with or without audio, to conduct secret surveillance in private places in which persons are under the expectation of privacy shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 179, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4808 - Illegal entry of dwelling

Any person who enters or remains in a house or residential building belonging to another, or in its dependencies or in its premises without the consent or against the express will of the tenant or a representative of said tenant, or who enters it clandestinely by means of deceit, shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 180, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4809 - Recording of communications by a participant

Any person who participates in a private personal communication, whether by telephone, computer or any other means of communication, who records such communication by mechanical means or otherwise without the express authorization of all parties involved in such communication, shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 181, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4810 - Breach of personal communications

Any person who, without authorization and for the purpose of finding out or allowing any other person to find out, acquires documents, letters, emails or any other documents or personal effects belonging to another person, or intercepts another person’s telecommunications by any means, or retrieves or allows anyone else to retrieve communications records, consignments, and mail exchanged through entities that provide such services, or uses technical devices or mechanisms to listen into, transmit, record or reproduce any text, sound, image, or any other communication signal or alters the contents thereof, shall be guilty of a fourth degree felony. For purposes of this section, the fact that a person has access to the documents, personal effects or communications referred to as part of his/her official business duties shall not constitute in itself an “authorization” to find out or make use of such information beyond that which strictly constitutes his/her business duties.
History —June 18, 2004, No. 149, § 182; Sept. 16, 2004, No. 338, § 7; Oct. 7, 2009, No. 115, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4811 - Alteration and use of personal information in files

Any person who, without being authorized to do so, takes possession, uses, modifies or alters to the detriment of the owner of said information or of a third party, reserved, private, or family information of a personal nature belonging to another which is recorded on disks or in electronic data files, or other type of file or register, whether public or private, shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 183, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 301 - Crimes Against Civil Rights (§§ 4794 — 4819) › Subchapter II - Crimes Against the Right to Privacy (§§ 4806 — 4815) › § 4812 - Disclosure of communications and personal information

Any person who discloses, publishes, reveals or passes on to a third party the information, communications or discovered findings or captured images referred to in §§ 4810 (Breach of Personal Communications) and 4811 (Alteration and Use of Personal Information on File) of this title, or who establishes a business to distribute or provide access to information obtained by other persons in violation of the referred sections or offers or solicits such distribution or access within the jurisdiction of Puerto Rico, shall be guilty of a fourth-degree felony.
History —June 18, 2004, No. 149, § 184; Oct. 7, 2009, No. 115, § 2.