On
June 18, 2004, the Governor signed a new Puerto Rico Criminal Code
(Law 149 of June 18, 2004). The new Penal Code will be effective
on May 1, 2005. Among its provisions, the Criminal Code classifies
sexual harassment as a Misdemeanor.
Specifically, Article 147 typifies sexual harassment as “Any
person, who in an employment relationship, request favors of a sexual
nature for him/herself or for a third party and who subjects the
conditions of employment or services to their fulfillment, or who
through sexual behavior provokes a hostile, intimidator and humiliating
environment for the victim, will incur in a misdemeanor”.
Any person who incurs in this crime will bear a penalty that consists
of an individualized fine up to $5,000.00 or confinement up to ninety
(90) days; an individualized penalty fine according to the situation
of the convict, not greater than ninety (90) days, or confinement
or domiciliary arrest in natural days up to ninety (90) days, or
a combination of these penalties which total sum in days cannot
exceed ninety (90) days. |