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(a) A person is guilty of the crime of animal abuse if the person willfully, knowingly, carelessly or with criminal negligence inflicts any bodily injury or suffering on the animal.\n(b) Animal abuse is considered to be a fourth-degree felony that entails the imposition of punishment by imprisonment ranging from six (6) months and one (1) day to three (3) years.\n(1) If upon conviction, the accused qualifies and avails him/herself of serving time on probation or any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from one thousand [dollars] ($1,000) to three thousand dollars ($3,000).\n(c) Notwithstanding the provisions of subsection (b) of this section, animal abuse constitutes a third-degree felony that entails the imposition of punishment by imprisonment ranging from three (3) years and one (1) day to eight (8) years if:\n(1) The person who is committing the crime of animal abuse has been previously convicted of one or more offenses relative to:\n(A) Any law concerning animal protection in Puerto Rico or equivalent laws or regulations from any other jurisdiction; or\n(B) any statute of Puerto Rico concerning domestic

re offenses relative to:\n(A) Any law concerning animal protection in Puerto Rico or equivalent laws or regulations from any other jurisdiction; or\n(B) any statute of Puerto Rico concerning domestic violence, child abuse or elderly abuse, or equivalent laws from another jurisdiction, or\n(C) the person knowingly abuses an animal in the immediate presence of a minor. For the purposes of this paragraph, a minor is in the immediate presence of an instance of animal abuse if such an instance is seen or directly perceived in any manner by the minor.\n(i) If upon conviction, the accused qualifies and avails him/herself of serving time on probation or of any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from three thousand [dollars] ($3,000) to ten thousand dollars ($10,000).\nHistory —Aug. 4, 2008, No. 154, § 2.5.