2023 Laws of Puerto Rico › TITLE EIGHTEEN - Education (§§ 1 — 3510-3520) › PART III - Educational Activities Generally (§§ 861-866 — 1597b) › Chapter 95 - Council for Protection of Archaeological Lands Patrimony of Puerto Rico (§§ 1551 — 1566) › § 1563 - Penalties

Any person who, on his/her own or through his/her agents, representatives or employees destroys, mutilates, plunders, steals, sells, exchanges, exports or otherwise seizes any land archaeological property, document, object, artifact, material deposit or site or who violates any provision of this chapter or of the regulations adopted pursuant to the same, or fails to comply with any resolution, order or decision issued by the Council, shall incur in a felony and upon conviction thereof, shall be punished with a fine of five thousand dollars ($5000) or imprisonment for a period of three (3) years, if aggravating circumstances arise, the established penalty can be increased up to a maximum of five (5) years; if extenuating circumstances arise, said penalty could be reduced to a minimum of one (1) year. The court may impose the penalty of restitution in addition to the penalty of prison or fine established, or both.
In addition to, and aside from the previously imposed penalty, in those cases where it is applicable, the court shall order the person convicted to return the land archaeological objects in his possession.
The Council may resort to the Court of First Instance to recover the total value of the land archaeological objects that have not been recovered or the value of those mutilated or damaged. Furthermore, it may request that any land archaeological object that is in the possession of any person accused of possessing it illegally be placed in the custody of the court.
The Council is hereby empowered to impose administrative fines for violations of this chapter or of the regulations adopted pursuant to the same, on any natural or juridical person that fails to comply with any resolution, order or decision issued by the Council. The administrative fines shall not exceed ten thousand dollars ($10,000) for each violation, it being understood, however, that each day that the violation persists shall be considered an independent violation.
In case the Council determines that there has been contumacy in committing or continuing the actions in violation of this chapter or of the regulations adopted thereunder, or contumacy in failing to comply with any resolution, order or decision issued by the Council, it shall, in the exercise of its discretion, impose an additional administrative fine of up to a maximum of fifty thousand dollars ($50,000) for any of the acts indicated herein.
The power to impose administrative fines granted to the Council shall not substitute nor impair the power to initiate any applicable judicial proceedings, whether civil or criminal.
Any person who, knowingly, makes any false representation, certification or statement under this chapter or the regulations adopted thereunder or makes any false representation in any report or document required by the Council pursuant to this chapter or its regulations, shall be guilty of a felony and upon conviction thereof, shall be punished with a fine of five thousand dollars ($5,000) or imprisonment for a fixed term of three (3) years; if aggravating circumstances arise, the penalty established can be increased up to a maximum of five (5) years; if extenuating circumstances arise it could be reduced to a term of one (1) year. The court may impose the penalty of restitution in addition to the penalty of prison or fine established, or both.
Any person convicted for a second or subsequent violation to subsections (a) and (g) of this section shall incur a felony and upon conviction thereof shall be punished with a fine of ten thousand dollars ($10,000) or imprisonment for the fixed term of ten (10) years, if aggravating circumstances arise, the established penalty can be increased up to a maximum of twelve (12) years; if extenuating circumstances arise, it could be reduced to a minimum of six (6) years. The court may impose the penalty of restitution in addition to the established penalty of imprisonment or fine or both.
When a corporation or entity violates any of the provisions of this chapter, the directors, officials, trustees, administrators or agents of said corporation or entity who have authorized, ordered or committed the acts that constitute such violation, shall also be subject, in their personal capacity, to the penalties specified in this chapter for such violation. The corporation that incurs a violation shall be subject to cancellation of its certificate of incorporation.
Any person that has personal knowledge of a violation of this chapter or any other applicable statute or of its regulations may bring forth the pertinent action before the corresponding bodies.
History —July 20, 1988, No. 112, p. 459, § 13; Aug. 29, 2002, No. 222, § 1.