Selected State Statutes: Puerto Rico

Statutes: Puerto Rico

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632. Aggravated abuse

The penalty corresponding to a felony in the third degree in its lesser half shall be imposed if abuse as typified in this chapter has been committed against the person of the spouse, former spouse or the person with whom he/she cohabits or has cohabitated, or with whom he/she has or has had a consensual relationship, or with whom a son or daughter has been procreated, or if one of the following circumstances exist:

(a) In the case of spouses or cohabiters, when they are separated or there is an order for protection excluding one of the parties from the residence, the person enters the dwelling of the person or the place in which he/she is lodged and the abuse is committed therein; or

(b) when grave bodily harm is inflicted on the person; or

(c) when it is committed with a lethal weapon under circumstances that do not indicate the intention of killing or maiming; or

(d) when committed in the presence of minors; or

(e) when it is committed after an order for protection or resolution has been issued against the person charged, in aid of the victim of abuse;

(f) the person is induced, incited or forced to be drugged with controlled substances, or with any other substance or means that alters the will of the person, or to become intoxicated with alcoholic beverages; or

(g) when child abuse as defined in §§ 444-450m of this title, is committed and simultaneously incurred.

(h) If the victim is forced or induced by means of physical force or psychological abuse to participate or become involved in unwanted sexual relations with third parties.

The court may impose the penalty of restitution in addition to the established penalty of imprisonment.

If there were aggravating circumstances, the fixed penalty may be increased to a maximum of five (5) years; if there were extenuating circumstances, it may be reduced to a minimum of two (2) years.

(i) When committed against a pregnant woman.

(j) When committed against a person under sixteen (16) years of age and the aggressor is eighteen (18) years of age or older.

The court may impose the penalty of restitution besides the established penalty of imprisonment.