2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536 - Definitions

The following terms shall have the meaning stated below:
(1) Convict.— Means any person found guilty of an offense, or attempt or conspiracy thereof, as established in §§ 536—536h of this title. It also includes any person released on probation or parole or any alternative method to serve prison time for offenses, or attempt or conspiracy thereof, as established in §§ 536—536h of this title.
(2) Specified offense against a minor.— Means an offense committed against a minor that due to its characteristics and elements includes any of the following:
(a) An offense that has an element involving kidnapping or child abduction.
(b) An offense that has an element involving false imprisonment.
(c) Solicitation to engage in sexual conduct.
(d) Use in a sexual performance.
(e) Solicitation to practice prostitution or sodomy.
(f) Video voyeurism or the attempt thereof as described Section 1801 of Title 18, United States Code.
(g) Possession, production or distribution of child pornography.
(h) Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct.
(i) Any conduct that by its nature is a sex offense against a minor.
(3) Sex offense.— Generally, except as provided in clauses (a) and (b) of this subsection, the term “sex offense” means:
(a) A criminal offense that has an element involving a sexual act or sexual contact with another;
(b) a criminal offense that is a specified offense against a minor;
(c) a federal offense including an offense prosecuted under Section 1152 or 1153 of Title 18 of the United States Code, under Section 1591 or Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code;
(d) a military offense specified by the Secretary of Defense under Section 1150[sic](a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note), or
(e) an attempt or conspiracy to commit an offense described in clauses (a) through (d) of this subsection.
Provided, That:
(a) A foreign conviction for an offense similar to the above mentioned shall not be deemed to be a sex offense under §§ 536—536h of this title, save for:
(i) any conviction under the laws of Canada, the United Kingdom, Australia, or New Zealand, or
(ii) any conviction under the laws of any other country if the Department of State of the United States has concluded, through the Country Reports on Human Rights Practices that such country has granted the right to fair trial during the year in which the conviction occurred.
(b) An offense involving consensual sexual conduct is not a sex offense for the purposes of §§ 536—536h of this title if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense.
(4) Employee.— Means any person who is self-employed or renders services to any entity or employer, whether compensated or not.
(5) United States.— Means the states of the United States of America and the District of Columbia, its territories, and possessions.
(6) Student.— Means a person who is enrolled or attends a public or private educational institution, including a high school, a trade or professional school, or an institution of higher education.
(7) Sex offender.— The term “sex offender” means a person who was convicted of a sex offense or an attempt or conspiracy thereof.
(8) Tier I Sex Offender.— Means any person convicted of the following offenses, or the attempt or conspiracy thereof, when such offense constitutes sexual abuse conduct:
(a) False imprisonment, when the victim was a child under the age of eighteen (18), as provided under § 4796(e) of Title 33.
(b) Aggravated false imprisonment, when the victim was a child under the age of sixteen (16), as provided under Article 131 (e) of Act No. 115 of July 22, 1974, as amended.
(c) Child abuse offense, as established in §§ 450c and 450d of Title 8, when such offense constitutes sexual abuse conduct.
(d) Aggravated domestic violence, when committed and simultaneously it involves sexual abuse conduct, and child abuse, as defined in §§ 444 et seq. of Title 8, pursuant to § 632(g) of Title 8.
(e) Sending, transportation, sale, distribution, publication, exhibition or possession of obscene material; obscene shows; indecent exposure when carried out in the presence of a person under the age of sixteen (16), as established in Articles 106, 113, and 114 of Act No. 115 of July 22, 1974, as amended; and §§ 4783 and 4784 of Title 33.
(f) Indecent exposure; indecent proposal, as typified in §§ 4775 and 4776 of Title 33.
(g) Any previous or subsequent offense described in clauses (a), (b), (c), (d), (e), or (f).
(9) Tier II Sex Offender.— Means any person convicted of the following offenses, or the attempt or conspiracy thereof, when the victim is a minor:
(a) Lewd or lascivious acts; pandering or human trafficking; offenses against child protection; corruption of a minor when a child under the age of eighteen (18) is admitted or retained in a house of prostitution or sodomy, under Articles 105, 110 (a) and (c) and 111 (a) and 115 of Act No. 115 of July 22, 1974, as amended.
(b) Lewd acts, pandering, ruffianism, and human trafficking; production of child pornography; possession or distribution of child pornography; use of a minor for child pornography; corruption of a minor when a child is admitted or retained in a house of prostitution or sodomy, under §§ 4765(e), 4772, 4781(a), 4785, 4786, and 4787 of Title 33.
(c) Sexual assault, under subsections (f), (h) and (i) of § 4770 of Title 33.
(d) A Tier I Sex Offender previously convicted of a sex offense, and who subsequently commits another sex offense, or the attempt or conspiracy thereof.
(e) Any previous or subsequent offense or attempt thereof, as described in clauses (a), (b), and (c).
(10) Tier III Sex Offender.— Means any person who is convicted of the following offenses or attempts thereof:
(a) Rape, enticement, sodomy, lewd acts when the victim has not attained the age of sixteen (16), incest, kidnapping when the victim is under the age of eighteen (18) other than by a parent, child abduction under Articles 99, 101, 103, 105, 122, 137-A (a) and 160, respectively, of Act No. 115 of July 22, 1974, as amended; and spousal sexual assault, as classified in § 635 of Title 8.
(b) Sexual assault, pursuant to subsections (a), (b), (c), (d), (e), or (g) of § 4770 of Title 33.
(c) Lewd acts when the victim has not attained the age of thirteen (13); child abduction; aggravated kidnapping when the victim is under the age of eighteen (18), pursuant to §§ 4762, 4772 and 4798(a) of Title 33.
(d) A Tier II Sex Offender previously convicted of a sex offense and who subsequently commits another sex offense.
(e) Any previous or subsequent offense as described in clauses (a), (b), and (c).
(11) Minor.— Means any person who has not attained the age of eighteen (18) years.
(12) Registry.— Means the registry of persons convicted of sex offenses and child abuse, as created and maintained under this chapter.
(13) Residence.— Means the location of a person’s home or the place where the person habitually lives.
(14) System.— Means the Criminal Justice Information System created under §§ 531 et seq. of Title 4.
History —Sept. 9, 2004, No. 266, § 2; Dec. 14, 2011, No. 243, § 1.