Definitions of Human Trafficking - Puerto Rico

Date: July 2020

Defined in Child Protection Law

Citation: Ann. Laws Tit. 8, § 444

The term 'abuse' means to engage in obscene behavior and/or use the minor to carry out obscene acts. The term 'sexual abuse' means engaging in sexual conduct in the presence of a child and/or using the child, voluntarily or otherwise, to engage in sexual conduct aimed at satisfying lewdness, or any other act that, if criminally prosecuted, would constitute any of the following crimes: sexual assault, lewd acts, indecent exposure, or indecent proposals; or remitting, transporting, selling, distributing, publishing, exhibiting, or possessing obscene materials and obscene shows.

Definitions of Labor Trafficking

Citation: Ann. Laws Tit. 33, §§ 4795; 4796

A person commits the misdemeanor 'restriction of freedom' when that person unlawfully restricts another person in such a manner so as to interfere substantially with his or her freedom.

A fourth-degree felony shall be incurred if the crime of 'restriction of freedom' is committed with concurrence of any of the following circumstances:

  • By means of violence, intimidation, fraud, or deceit
  • By simulating to be a public authority
  • By any public official or employee abusing the powers inherent to his or her authority or duties
  • Under the pretext that the restricted person suffers an illness or mental disability
  • To a person who is younger than age 18, has disabilities and is unable to care for him- or herself, or is mentally ill

Definitions of Sex Trafficking of Minors

Citation: Ann. Laws Tit. 33, §§ 4780; 4781

A person commits the fourth-degree felony of pimping or pandering if the person does any of the following:

  • Promotes or enables the prostitution of another person, even with the consent of that person, for profit or to satisfy the lewdness of another
  • Makes the prostitution of others his or her habitual means of livelihood
  • Promotes or enables the entry or exit from the Commonwealth of Puerto Rico of another person, even with the consent of that person, to have the person practice prostitution or sodomy

Any person who commits the crime described above shall incur a third-degree felony if any of the following circumstances concur:

  • The victim is younger than age 18.
  • There is deceit, violence, abuse of authority, or any means of intimidation or coercion.
  • The perpetrator is an ascendant, descendent, spouse, brother, sister, guardian, or the person in charge of the education, guardianship, or has the custody of the victim.
  • The prostitution or sodomy of more than one person is promoted or enabled.