Legal Question in Constitutional Law in Puerto Rico

Under Age Relations

Due to the fact that Puerto Rico is a territory and not a state my question is that is a person that is 18 years or older allowed to have a consential sexual relationship with someone who is only 17 years old in Puerto Rico ?


Asked on 9/27/04, 10:15 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Under Age Relations

Puerto Rico's status as a territory has nothing to do with this issue, because the age of consent is not controlled by federal law. Each state and territory makes its own laws about such matters. You should discuss your question with a Puerto Rican attorney.

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Answered on 9/27/04, 2:24 pm
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Under Age Relations

Puerto Rico is a commonwealth under the territorial clause to the Constitution of the United States of America. Although many wonder what the hell that is, including myself, there is absolutely no doubt that it has no bearing whatsoever with the question posed.

This matter is controlled by the Puerto Rico Civil Code, and the Puerto Rico Penal Code. The minimum age for consensual sexual relations was recently increased to sixteen years of age. So, if anyone sustains sexual relations with an individual who is less than sixteen years of age he may be guilty of statutory rape. On the other hand, you may also be in violation of certain prohibitions of the civil code.

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Answered on 9/28/04, 10:57 am


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