In short
Act 155 of 2026 amended Article 250 of Act No. 146-2012, the Puerto Rico Penal Code, to make the imposition of restitution mandatory against anyone convicted of illicit enrichment. The article, as it now reads, provides that every public official or employee, former official or former public employee who, for personal benefit or that of a third party, uses information or data they could only have known by reason of the exercise of their post, employment or commission, shall be punished with a fixed three-year term of imprisonment; and that if the person obtains the benefit sought, they shall be punished with a fixed eight-year term of imprisonment and restitution. The Act took effect immediately upon approval.
What is it?
It is the offence of taking advantage, for oneself or another, of information known only because of a post held or formerly held in government. Act 155-2026 did not change the conduct: it changed the consequence. When the benefit is actually obtained, restitution is added to the eight-year term, and that addition stopped being discretionary.
Who can do it?
The article reaches every public official or employee, former official or former public employee. This guide is informational: there is nothing to apply for. If you want to report conduct, the route is a complaint to the corresponding authorities.
Requirements
- There are no requirements to meet: this is the definition of an offence and its penalties, not a procedure.Verified against the official source
Documents you need
Cost
Step by step
Step 1: The conduct is using the information, not only profiting
The first paragraph punishes anyone who, for personal benefit or that of a third party, uses information or data they could only have known by reason of the exercise of their post, employment or commission. The penalty is a fixed three-year term of imprisonment. Note the verb is “uses”: the first tier does not require that the benefit ever materialised.
Step 2: If the benefit is obtained: eight years and restitution
The second paragraph is the one Act 155-2026 touched: if the person obtains the benefit sought, they shall be punished with a fixed eight-year term of imprisonment and restitution. The law’s own title says why it was passed: to make the imposition of restitution mandatory against anyone convicted of illicit enrichment.
Step 3: It reaches those no longer in the post
The article names four subjects: public official, public employee, former official and former public employee. Having left the post does not remove the conduct from the article’s reach, if the information was learned by reason of exercising that post, employment or commission.
Step 4: The benefit may be for someone else
The text says “for personal benefit or that of a third party”. The person using the information need not be the one who benefits; it suffices that the use be aimed at someone’s benefit.
Where to do it
Not applicable: this is not a procedure. The decision to file charges for this offence belongs to the prosecution, and a complaint is filed with the corresponding authorities.
How long it takes
What to do if something goes wrong
This guide reproduces Article 250 of the Penal Code as Act 155-2026 left it, and that is all we read. We did not read the rest of Act 146-2012, so we do not say here when this offence’s prescription begins to run, how restitution is calculated, or how this article relates to the other government-corruption offences. A note on the source: the PDF carries no text layer and we read it by optical recognition at 200 dpi; the operative section came through cleanly and that is where both penalties come from, while the signature block is OCR noise. If you are assessing a specific situation — yours or someone else’s — that is a legal consultation, not something a summary can answer. PRFácil does not give legal advice or file complaints.
Common mistakes
- Believing the money must arrive: the first tier punishes using the information, with three fixed years, without requiring the benefit to materialise.
- Thinking leaving the post erases it: the article expressly names former officials and former public employees.
- Assuming the benefit must be your own: the text says for personal benefit or that of a third party.
- Treating restitution as discretionary where the benefit was obtained: the stated purpose of Act 155-2026 was to make it mandatory.
- Confusing it with unjustified enrichment: they are distinct offences the Penal Code lists separately.
Frequently asked questions
What is the penalty for illicit enrichment?
A fixed three-year term of imprisonment for using the information for personal benefit or that of a third party. If the person obtains the benefit sought, the penalty is a fixed eight-year term of imprisonment and restitution.
What did Act 155-2026 change?
It amended Article 250 of the Penal Code to make the imposition of restitution mandatory against anyone convicted of this offence. The law’s own title says so.
Does it apply to someone no longer working in government?
Yes. The article names former officials and former public employees alongside serving officials and employees. What matters is that the information or data could only have been known by reason of exercising the post, employment or commission.
Official sources
These are the government pages this guide is based on.
- Departamento de Justicia de Puerto Rico
Justicia
bvirtualogp.pr.gov
Last verified
August 27, 2026
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