P.R. Laws tit. 33, § 4772
Any person who without the intention to consummate the crime of sexual assault described in § 4770 of this title submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused, under any of the following circumstances hereinbelow, shall incur a third degree felony.
(a) When the victim has not attained the age of sixteen (16) years at the time of the commission of the crime.
(b) When the victim was compelled to the act by means of physical force, violence, the threat of serious and immediate bodily harm or intimidation, or by means of hypnotics, narcotics, depressants or stimulants, or otherwise similar means or substances.
(c) When the victim, due to mental disease or a temporary or permanent disability was unable to understand the nature of the act.
(d) When the victim was compelled to the act through the use of deceptive means that substantially annulled or impaired his/her capacity to consent.
(e) If the accused has kinship with the victim, by reason of being an ascendant or descendant relative, by consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree.
(f) When the accused takes advantage of the trust placed upon him/her by the victim because there is a relationship of superiority due to having the victim under his/her custody, guardianship, or primary, middle school or special education, or medical or psychotherapeutic treatment, or any type of counseling, or because there is a religious belief leadership relationship with the victim.
History
—June 18, 2004, No. 149, § 144, eff. May 1, 2005.