It may be inferred that any person accused of an offense pursuant to this chapter had personal knowledge of the fact that the metals had been obtained unlawfully, under any of the following circumstances:\n(a) When he/she failed to provide the name, address, and the official document used to identify the person from whom the metals were acquired or received or the date and place where said metals were purchased or the business was conducted.\n(b) When he/she failed to provide the license plate number, or the description of the motor vehicle in which said metals were delivered, or the legible and detailed description thereof.\n(c) When he/she failed to record the amount of metals acquired or to specify whether they are in the form of wires, cables, ingots, rods, panels, sheets, posts, catalysts, or pipes, or any other object containing any of such metals or that are used to provide public utility services.\n(d) When the price paid for the metals acquired was absurdly low or the conditions for payment are so advantageous or fixed in such circumstances that the acquirer must reasonably conclude that the metals were obtained unlawfully.\n(e) When the seller of the metals, or the nditions for payment are so advantageous or fixed in such circumstances that the acquirer must reasonably conclude that the metals were obtained unlawfully.\n(e) When the seller of the metals, or the person delivering the same, was a minor and his/her parents, tutors or guardians have not given their consent for the conducted business.\n(f) When the accused was reasonably expected to know that the metals were acquired unlawfully based on his/her knowledge, experience, profession, work or trade.\n(g) When the acquisition of such metals was carried out outside of the business hours established by this chapter or in a place or establishment, or from a person acting as a merchant and neither is authorized by this chapter, or if the parties to the conducted business were not duly identified and the requirements of this chapter were not met.\n(h) When the metals were obtained from a person who was or had been involved in criminal activities and the circumstances in which they were acquired should have caused a prudent and reasonable person to believe that the property in question had been acquired unlawfully.\n(i) When the metals are found in the possession and under the control of a d should have caused a prudent and reasonable person to believe that the property in question had been acquired unlawfully.\n(i) When the metals are found in the possession and under the control of a person unable to prove that he/she had the right to have them; or when they have been reported missing, stolen, unlawfully appropriated or taken obtained illegally from the person to whom they belong.\n(j) When the metals show modifications or alterations in their external protective cover or in their internal elements or would otherwise make it difficult or impossible to identify their original owner, origin, legitimacy or manufacturer.\nHistory —June 3, 1982, No. 41, p. 85, added as § 5 on Aug. 8, 2007, No. 105, § 6; Mar. 8, 2012, No. 53, § 6.
Puerto Rico Legal Code