33 L.P.R.A. § 4013. Definitions. (2000)
For the purposes of §§ 4013-4026 of this title, the following terms shall have the meaning stated below:
- (a) Stalking. Means a pattern of behavior of vigilance, over a person; unwanted verbal or written communications are sent repeatedly to a specific person; written, verbal or implicit threats are made against a specific person; repeated acts of vandalism are directed to a specific person; repeated harassment through words, gestures or actions intended to intimidate, threaten or pursue the victim or members of his/her family.
- (b) Persistent behavior pattern. Means to make in [sic] two (2) or more occasions acts that show the intentional purpose of intimidating a specific person or his/her family members.
- (1) Family. Means: Spouse, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece, male or female cousin of the victim; or other relative by consanguinity, or affinity who is part of the family nucleus.
- (2) A person who lives or has formerly cohabited with the victim as a couple; or has been involved in a relationship as a paramour or lover.
- (3) A person who resides or has resided in the same dwelling as the victim, for at least six (6) months before the acts constituting stalking are evident.
- (d) Intimidate. Means any repeated action or word that instills terror in the animus of a prudent and reasonable person, to the effect that [he/]she, or any member of the family could suffer harm, personally, or of [his/]her property, and/or exert moral pressure on the animus of the person to perform an act against [his/]her will.
- (e) Restraining order. Means any written order under the seal of a court whereby the measures are dictated to an offender to abstain from incurring or performing certain acts that constitute stalking.
- (f) Respondent. Means any person against whom an order of protection is requested.
- (g) Petitioner. Means any person who requests a restraining order.
- (h) Court. Means the Trial Court of the General Court of Justice.
- (i) Police officer. Means any member or officer of the Police of Puerto Rico; or a municipal policeman duly trained and accredited by the Police of Puerto Rico.
33 L.P.R.A. § 4014. Delinquent conduct; penalties. (2004)
- (a) Any person who intentionally demonstrates a constant or repetitive pattern of stalking addressed to intimidate a specific person to the effect that said person or any member of his/her family could suffer personal or property damage; or that maintains said type of conduct, knowing that a certain person could reasonably feel intimidated, shall incur a misdemeanor. The court may impose the penalty of restitution, in addition to the penalty of imprisonment thus established.
- (b) Stalking, as typified in §§ 4013–4026 of this title, shall be charged as a fourth degree felony, if one or more of the following circumstances exist:
- (1) The dwelling of a certain person or a member of his/her family is entered, thus instilling fear of suffering physical injury, and/or exerting moral pressure on the person’s animus to perform an act that is against his/her will; or
- (2) grave bodily injury is inflicted on a certain person or a member of his/her family; or
- (3) it is committed with a deadly weapon in circumstances not intended to kill or mutilate; or
- (4) it is committed after a restraining order has been issued against the offender, in aid of the victim of stalking or other person who is also stalked by the offender; or
- (5) an act of vandalism is committed that destroys property in the places that are adjacent or relatively close to the home, residence, school, workplace, or vehicle of a certain person or member of the family; or
- (6) is committed by an adult against a child, or
- (7) is committed against a pregnant woman.
The court may impose the penalty of restitution in addition to the established term of imprisonment. The prosecution and punishment of any person for the crime defined and punished in §§ 4013–4026 of this title, shall not prevent the prosecution and punishment of the same person for any other act or omission in violation of any of the other provisions of §§ 4013–4026 of this title, or any other act.