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) › § 4782 - Definitions

For the purposes of this subchapter, the following terms or phrases shall have the meanings stated below:
(a) Indecent behavior. — Means any of the physical activities of the human body, whether performed alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, which could be considered in whole by the average person and, according to contemporary community patterns as:
(1) Appealing to the lewd interests, that is to say, a morbid interest in nudity, sexuality or physiological functions;
(2) representing or describing sexual conduct in a patently offensive manner, and
(3) lacking serious literary, artistic, political, religious, scientific or educational value.
The enticement of behavior towards lewd interests shall be judged in the light of the average adult, unless it arises from the nature of such behavior or the circumstances of its production, presentation or exhibition that it is designed for groups of sexual deviates, in which case, the predominant enticement of the behavior shall be judged in the light of the group towards which it is directed.
In proceedings for violations to the provisions in this section in which the circumstances of production, presentation or exhibition indicate that the accused is commercially exploiting the obscene behavior for its lewd enticement, such circumstances shall constitute prima facie evidence that it lacks any serious literary, artistic, political, religious, scientific or educational value.
When the prohibited behavior is intended for or in the presence of minors, it shall be sufficient that the material is directed to awakening a lewd interest in sex.
(b) Sexual behavior. — Comprises:
(1) Patently offensive representations or descriptions of consummated sexual acts, whether normal or perverted, actual or simulated, including sexual relations, sodomy and bestiality, or
(2) patently offensive representations or descriptions of masturbation, oral copulation, sexual sadism, sexual masochism, lewd exhibition of the genitalia, stimulation of human genitalia with objects designed for such purposes, or scatological functions, even if such conduct is performed individually or between members of the same sex or of the opposite sex or between humans and animals.
(c) Material. — Means any book, magazine, newspaper or any other written or printed material, or any photograph, drawing, caricature, movie film, cinematographic or otherwise graphic representation; or any oral or visual representation transmitted or retransmitted through cables, electromagnetic waves, computers, digital technology or any other electronic media or other means of communication; or any statue, carving or figure, sculpture; or any mechanical, chemical or electric recording, transcription or reproduction of any other article, equipment or machine.
(d) Material injurious to minors. — Means any material that explicitly describes the nudity of the human body, manifestations of sexual conduct or sexual excitement, or of such a nature that, upon considering them in whole or in part of their context:
(1) It appeals predominantly to prurient, shameful or morbid interest in minors;
(2) it is patently offensive according to the contemporary adult community criteria, with regard to the best interest of minors, and
(3) it lacks any serious social value for minors.
(e) Obscene material. — Means material considered in its entirety by an average person and upon applying contemporary community standards:
(1) It appeals to prurient interest, in other words, a morbid interest in nudity, sexuality or physiological functions;
(2) it represents or describes sexual behavior in a patently offensive manner, and
(3) it lacks any serious literary, artistic, political, religious, scientific or educational value.
The enticement of lewd interest in sex in the material is judged in the light of the average adult unless it arises from the nature of the material, or the circumstances of its diffusion, distribution or exhibition that it is designed for groups of sexual deviates, in which case said attraction shall be judged in the light of the group toward which it is directed.
In proceedings regarding violations to the provisions of this section in which the circumstances of the production, presentation, sale, dissemination, distribution or advertising indicate that the accused is commercially exploiting the material for its lewd attraction, which proof shall constitute prima facie evidence that it lacks any serious literary, artistic, political, religious, scientific or educational value.
When the prohibited behavior is intended for, or is in the presence of minors, it shall be sufficient for the material to be directed to awaken lewd interest in sex.
(f) Child pornography. — Means any representation of sexually explicit behavior, any act of masturbation, sadomasochistic abuse, real or simulated sexual relations, deviate sexual relations, bestiality, homosexuality, lesbianism, acts of sodomy or the exhibition of genitalia performed by persons under eighteen (18) years of age.
(g) Sadomasochistic abuse. — Means acts of flagellation or torture performed by one person to another or to him/herself, or the condition of being chained, tied or otherwise restricted as an act of sexual gratification or stimulation.
History —June 18, 2004, No. 149, § 154, eff. May 1, 2005.