IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #4

[SouthAussie]

PR Crim Statute, Negligent Homicide.
@SouthAussie Color me confused too. I've posted PR Negligent Homicide statute before, nothing referencing Article 96, so it's poss my posts were in error, but here's what I posted:
"§ 4737. Negligent homicide
Any person who causes the death of another through negligence shall incur a misdemeanor, but shall receive the penalty established for a fourth degree felony...."

"§ 4694. Applicable penalties
"(e) Fourth degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than six (6) months and one (1) day, nor more than three (3) years. In such case, the person may be considered for parole by the Parole Board upon having served fifty percent (50%) of the term of imprisonment imposed.". bbm.

Going to search further for the link for ^.
The bolded green ^ is consistent w what I previously found. jmo

Thanks, yes I found those as well. I just can't find article 96, under which he was charged. I would love to be able to find it, to see if it is different. Because I found this about their updated penalties (dated 2016).

The updated penal code raises the sentence ........ for negligent homicide to 15 years from a range of 8-15 years.
Puerto Rico Stiffens Crime Sentences

 

[SouthAussie]

PR Crim Statute, Negligent Homicide.
@SouthAussie Color me confused too. I've posted PR Negligent Homicide statute before, nothing referencing Article 96, so it's poss my posts were in error, but here's what I posted:
"§ 4737. Negligent homicide
Any person who causes the death of another through negligence shall incur a misdemeanor, but shall receive the penalty established for a fourth degree felony...."

"§ 4694. Applicable penalties
"(e) Fourth degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than six (6) months and one (1) day, nor more than three (3) years. In such case, the person may be considered for parole by the Parole Board upon having served fifty percent (50%) of the term of imprisonment imposed.". bbm.

Going to search further for the link for ^.
The bolded green ^ is consistent w what I previously found. jmo

Just to add ... I also noticed under "§ 4737. Negligent Homicide" that the degree of felony can change to 3rd degree felony or 2nd degree felony dependent on various factors.


When the death is caused while driving a motor vehicle with wanton disregard for the safety of others, or while aiming and shooting a firearm at an undefined target, the offender shall incur a third degree felony.

When the death is caused while driving a motor vehicle under the influence of controlled substances or alcoholic beverages, as provided and defined in §§ 5001 et seq. of Title 9, known as the “Puerto Rico Vehicle and Traffic Act”, the offender shall incur a second degree felony.
§ 4737. Negligent homicide, P.R. Laws tit. 33, § 4737 | Casetext

 

[al66pine]

PR NegHom Statute, Looking for Current Link, re Art 96

Just to add ... I also noticed under "§ 4737. Negligent Homicide" that the degree of felony can change to 3rd degree felony or 2nd degree felony dependent on various factors.
When the death is caused while driving a motor vehicle with wanton disregard for the safety of others, or while aiming and shooting a firearm at an undefined target, the offender shall incur a third degree felony.
When the death is caused while driving a motor vehicle under the influence of controlled substances or alcoholic beverages, as provided and defined in §§ 5001 et seq. of Title 9, known as the “Puerto Rico Vehicle and Traffic Act”, the offender shall incur a second degree felony.

§ 4737. Negligent homicide, P.R. Laws tit. 33, § 4737 | Casetext

@SouthAussie
Wowza, I'm impressed that you cound that, and that media outlet updated a 4 y/o story (Published July 31, 2012 Last Update December 13, 2016).

Applauding the lengthened sentence for NegHom.
"The updated penal code raises the sentence for second-degree homicide to 50 years from a range of 15-25 years and the sentence for negligent homicide to 15 years from a range of 8-15 years." bbm

As I said above, I may have posted statute in error, but I'm pretty sure no motor vehicle or firearm was involved in poor little Chloe's death. Again, good find.
Wishing I had Lexis Nexis subscription for this.

 

[JerseyGirl]

This thread has reached it's limit. I'll move over today's posts and close this shortly.

Please continue here: IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #5