157 F. Supp. 3d 80
D.P.R.2016Background
- Defendant Mario Lebrón-Caceres was indicted under 18 U.S.C. § 2422(a) (coercion/enticement) and § 875(d) after threatening to post explicit images of a woman unless she had sex; the events and planned meeting occurred wholly in Puerto Rico.
- Lebrón moved to dismiss Count One arguing § 2422(a) does not cover purely intrastate conduct within Puerto Rico because Puerto Rico is a "Commonwealth" and § 2422(a) applies only to "Territory or Possession."
- The government opposed, asserting Puerto Rico remains a U.S. territory subject to Congress’ Territorial Clause power and that § 2422(a) applies to intraterritorial conduct in Puerto Rico.
- The court reviewed historical materials, statutes, and precedents about Puerto Rico’s constitutional status (Insular Cases, Foraker Act, Jones Act, Public Law 600) and the effect of the Federal Relations Act savings clause.
- The court concluded Puerto Rico is an unincorporated territory subject to Congress’ plenary Territorial Clause authority and that Congress did not intend to exclude Puerto Rico from § 2422(a).
- The motion to dismiss Count One was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of 18 U.S.C. § 2422(a) to conduct wholly within Puerto Rico | Lebrón: Puerto Rico is a "Commonwealth," not a "Territory or Possession," so § 2422(a) (which lacks "commonwealth") does not reach purely intracommonwealth transportation/enticement | Government: Puerto Rico remains a U.S. territory under the Territorial Clause; § 2422(a) historically and presently applies to territories like Puerto Rico | Denied: Court held Puerto Rico is a territory and Congress did not intend to exclude it from § 2422(a); statute covers the alleged conduct |
| Effect of Congress adding "commonwealth" to related statutes (e.g., § 2423(a)) | Lebrón: Inclusion of "commonwealth" in § 2423(a) shows Congress knew how to include Puerto Rico and omitted it from § 2422(a) intentionally | Government: Omission does not demonstrate intent to exclude; savings clause and prior application mean § 2422(a) still covers Puerto Rico | Denied: Court found omission insufficient to imply repeal or exclusion; retention of "territory" retains coverage |
| Role of Public Law 600 / Puerto Rico constitution in altering status | Lebrón: 1950–52 acts created a "Commonwealth" that removed Puerto Rico from ordinary territorial treatment | Government: Public Law 600 granted local autonomy but left underlying territorial relationship and congressional plenary power intact | Court: Public Law 600 did not change Puerto Rico’s constitutional status as an unincorporated territory subject to Congress |
| Whether federal statutes must expressly name Puerto Rico to apply | Lebrón: Specific naming (or use of "commonwealth") required for intracommonwealth reach | Government: Applicability is a question of Congressional intent; many federal laws apply unless locally inapplicable; repeals by implication disfavored | Court: Absent clear contrary intent, statutes referencing "Territory or Possession" continue to include Puerto Rico |
Key Cases Cited
- Maysonet-Robles v. Cabrero, 323 F.3d 43 (1st Cir. 2003) (describing Puerto Rico as an unincorporated territory of the United States)
- Dávila-Pérez v. Lockheed Martin Corp., 202 F.3d 464 (1st Cir. 2000) (noting Puerto Rico is subject to Congressional power under the Territorial Clause)
- United States v. Rivera-Torres, 826 F.2d 151 (1st Cir. 1987) (recognizing Congress’ plenary power over Puerto Rico under the Territorial Clause)
- Balzac v. Porto Rico, 258 U.S. 298 (1922) (holding Puerto Rico is an unincorporated territory and discussing constitutional application)
- Downes v. Bidwell, 182 U.S. 244 (1901) (one of the Insular Cases establishing incorporation/unincorporation distinction)
- Puerto Rico v. Shell Co., 302 U.S. 253 (1937) (discussing Puerto Rico’s local autonomy under earlier organic acts)
- Villarin-Gerena v. United States, 553 F.2d 723 (1st Cir. 1977) (refusing to read post-1952 omission as congressional intent to remove Puerto Rico from statutes already applicable there)
- Harris v. Rosario, 446 U.S. 651 (1980) (explaining Congress may treat Puerto Rico differently from states under the Territorial Clause)
- Boumediene v. Bush, 553 U.S. 723 (2008) (describing territorial incorporation framework and differential application of the Constitution)
- Califano v. Gautier-Torres, 435 U.S. 1 (1978) (upholding differential federal benefits treatment for Puerto Rico residents under Territorial Clause principles)