Gen.Laws 1956, § 11-1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-1. Common law offenses not covered by statute


Every act and omission which is an offense at common law, and for which no punishment is prescribed by the general laws, may be prosecuted and punished as an offense at common law. Every person who shall be convicted of any offense which is a misdemeanor at common law shall be imprisoned for a term not exceeding one year or be fined not exceeding five hundred dollars ($500). Every person who shall be convicted of any offense which is a felony at common law shall be imprisoned for a term not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000).


CREDIT(S)


P.L. 1922, ch. 2233, § 2; P.L. 1975, ch. 283, § 1.


Codifications: G.L. 1896, ch. 284, § 1; G.L. 1909, ch. 350, § 1; G.L. 1923, ch. 402, § 1; G.L. 1938, ch. 621, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-2. Felony, misdemeanor--Petty misdemeanor and violation distinguished


Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony; any criminal offense which may be punishable by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or both, is declared to be a misdemeanor; any criminal offense which may be punishable by imprisonment for a term not exceeding six (6) months or by a fine of not more than five hundred dollars ($500), or both, is declared to be a petty misdemeanor; and any offense which may be punished by only a fine of not more than five hundred dollars ($500) is declared to be a violation.


CREDIT(S)


P.L. 1941, ch. 983, § 1; P.L. 1956, ch. 3721, § 3; P.L. 1971, ch. 115, § 1; P.L. 1976, ch. 173, § 1; P.L. 1979, ch. 222, § 1; P.L. 1985, ch. 462, § 3.


Codifications: G.L. 1938, ch. 625, § 74.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-2.1. Violations--Effect of conviction--Standard of proof


Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. Conviction of a violation shall be supported by evidence beyond a reasonable doubt.


CREDIT(S)


P.L. 1976, ch. 173, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-3. Liability for aiding, abetting, counseling, hiring, or commanding offenses


Every person who shall aid, assist, abet, counsel, hire, command, or procure another to commit any crime or offense, shall be proceeded against as principal or as an accessory before the fact, according to the nature of the offense committed, and upon conviction shall suffer the like punishment as the principal offender is subject to by this title.


CREDIT(S)


Court & Practice Act (1905), § 1178.


Codifications: G.L. 1896, ch. 284, § 2; G.L. 1909, ch. 350, § 2; G.L. 1923, ch. 402, § 2; G.L. 1938, ch. 623, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-4. Harboring criminal


Except where subsection 11-37-8.2.1(d) applies, every person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, or brother or sister, by consanguinity or affinity, to another who shall have committed any offense or been accessory before the fact to the commission of any offense, who shall be convicted of knowingly harboring or relieving the offender, with intent that he or she shall escape or avoid detection, arrest, trial, or punishment, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 2006, ch. 206, § 2, eff. June 28, 2006; P.L. 2006, ch. 207, § 2, eff. June 28, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-5. Compounding or concealing felony


Every person who shall be convicted of having knowledge of the commission of any felony offense, and of taking any money, gratuity, or reward, or any engagement upon an agreement or understanding, express or implied, to compound or conceal that crime or offense, or not to prosecute for the offense, or not to give evidence relative to the offense, shall be imprisoned not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000), provided that the person shall not be subject to a fine or imprisonment exceeding the felony pertaining to this offense.


CREDIT(S)


P.L. 1981, ch. 177, § 1.


Codifications: G.L. 1896, ch. 276, § 20; G.L. 1909, ch. 342, § 20; G.L. 1923, ch. 394, § 20; G.L. 1938, ch. 605, § 20.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-5.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-5.1. Reports of crimes to law enforcement officials


A person who knows that another person is a victim of sexual assault, murder, manslaughter, or armed robbery and who is at the scene of the crime shall, to the extent that the person can do so without danger of peril to the person or others, report the crime to an appropriate law enforcement official as soon as reasonably practicable. Any person who violates the provisions of this section shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).


CREDIT(S)


P.L. 1987, ch. 285, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-6. Conspiracy


Except as otherwise provided by law, every person who shall conspire with another to commit an offense punishable under the laws of this state shall be subject to the same fine and imprisonment as pertain to the offense which the person shall have conspired to commit, provided that imprisonment for the conspiracy shall not exceed ten (10) years.


CREDIT(S)


P.L. 1975, ch. 283, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-7. Conspiracy to commit offense outside the state


Every person who shall, within this state, conspire with another to engage in conduct in another state punishable under the laws of that state, which conduct would also be punishable under the laws of this state, shall be subject to the same fine and imprisonment as under the law of this state pertain to the offense which the person shall have conspired to commit, provided that imprisonment for the conspiracy shall not exceed ten (10) years.


CREDIT(S)


P.L. 1975, ch. 283, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-8. Bail jumping


Every person accused of a felony offense who, by court order, has been released from custody or allowed to remain at liberty, either upon the person's own recognizance or with surety or sureties, upon condition that he or she appear before the court where the felony is pending, or to which he or she may be bound over, to answer the felony whenever called upon to so do, who does not appear personally on the required date or voluntarily within thirty (30) days thereafter, or who fails to appear for any court session during the trial or on the day for sentencing, shall be guilty of a felony and upon conviction shall be subject to the same fine and imprisonment as pertain to the offense for which he or she failed to answer, provided that imprisonment for the offense shall not exceed ten (10) years.


CREDIT(S)


P.L. 1979, ch. 35, § 1; P.L. 1980, ch. 195, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-9. Soliciting another to commit a crime


Every person who solicits another to commit or join in the commission of a felony under the laws of this state shall be guilty of a felony and upon conviction shall be subject to the same fine and imprisonment as pertain to the offense which the person did solicit another to commit, provided that imprisonment for the solicitation shall not exceed ten (10) years.


CREDIT(S)


P.L. 1979, ch. 245, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-10. Soliciting an incompetent person


Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any person who as a result of mental and/or physical disability has had a guardian appointed for his or her person or estate to violate any law of this state or the ordinances of any town or city in the state, or who knowingly and willfully encourages, aids, contributes to, or in any way causes that disabled person to be guilty of any vicious or immoral conduct, shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), or be imprisoned for not more than one year, or both.


CREDIT(S)


P.L. 1987, ch. 82, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-1-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 1. General Provisions

§ 11-1-11. Felons prohibited from possession of radio scanners


No person: (1) who has been convicted of a felony violation of chapter 28 of title 21 involving the illegal manufacture, sale or delivery or possession with intent to manufacture, sell, or deliver a controlled substance classified in Schedule I or II; or (2) who has been convicted of a felony in violation of chapter 8 of this title involving the burglary or breaking and entering of a dwelling house or apartment, whether the house or apartment is occupied or not, any business place, or public building, with the intent to commit larceny; shall carry, transport, or have in his or her possession, or under his or her control outside of his or her own home, any operational police radio, police scanner, or any other device capable of monitoring police broadcasts. Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1988, ch. 515, § 1; P.L. 1992, ch. 330, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, T. 11, Ch. 2, Refs & Annos


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 2. Abandonment and Nonsupport



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

§ 11-2-1. Abandonment or nonsupport of spouse or children


Every person who shall abandon his or her spouse or children, leaving them in danger of becoming a public charge, or who shall neglect to provide according to his or her means for the support of his or her spouse or children, or who shall neglect or refuse to aid in the support of his or her spouse and/or children, except as otherwise provided for in § 11-2-1.1, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than six (6) months.


[See § 2-1-15 of the General Laws.]


CREDIT(S)


P.L. 1907, ch. 1447, § 2; P.L. 1979, ch. 304, § 2; P.L. 1995, ch. 370, art. 29, § 1;P.L. 1995, ch. 374, § 1.


Codifications: G.L. 1896, ch. 281, § 38; G.L. 1909, ch. 347, § 39; G.L. 1923, ch. 399, § 38; G.L. 1938, ch. 610, § 38.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

§ 11-2-1.1. Failure to pay child support


(a) Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11 of title 15, who has incurred arrearage of past-due child support in the amount of ten thousand dollars ($10,000), and who shall willfully thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.


(b) Every person who has for a period of three (3) years willfully failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.


(c) For purposes of this section, “subsequent payments” means those payments or installments due and owing after a person has incurred an arrearage of ten thousand dollars ($10,000) as specified in subsection (a) of this section or those payments or installments due and owing after a person has failed to pay an installment for a period of three (3) years.


(d) The court may in its discretion direct that the sentence be served pursuant to § 12-19-2(b).


[See § 12-1-15 of the General Laws.]


CREDIT(S)


P.L. 1995, ch. 370, art. 29, § 2;P.L. 1995, ch. 374, § 2;P.L. 1996, ch. 404, § 7;P.L. 2003, ch. 208, § 1;P.L. 2003, ch. 367, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

§ 11-2-2. Desertion by leaving state--Decree as evidence


Any husband or father who without just cause deserts his wife or minor child by going into another state, and leaves them or any or either of them without making reasonable provisions for their support, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than five (5) years, or both. No civil proceeding in any court shall be held to be a bar to a prosecution pursuant to this section for desertion or nonsupport. In a prosecution pursuant to this section for desertion or nonsupport against a husband, a decree or judgment of any court in a proceeding in which the husband appeared or was personally served with process, establishing the right of the wife to live apart, or her freedom to convey and deal with her property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of that right.


CREDIT(S)


P.L. 1949, ch. 2238, § 1.


Codifications: G.L. 1938, ch. 423, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

§ 11-2-3. Complaints for nonsupport--Liability for costs


(a) The director of the department of human services or his or her designee, or chief of police, or director of public welfare of any city or town, or any officer that the town council of any town or the city council of any city may appoint for the purpose, may make a complaint against any person for any of the offenses mentioned in § 11-2-1; and whenever any complaint shall be made by any of the officers listed in this subsection on account of the violation of § 11-2-1, the officer complainant shall not be required to give surety for costs, but shall give his or her personal recognizance and be liable in his or her individual capacity.


(b) Pursuant to § 11-2-1.1, the department of human services, after an investigation to determine the extent of an arrearage and the ability of the obligor to pay the arrearage or some portion of it may refer the case to the attorney general for prosecution in the family court for the county in which the obligor resides, unless the person does not reside within the state, then the prosecution may be brought in the family court for Providence County.


CREDIT(S)


P.L. 1979, ch. 304, § 3; P.L. 1995, ch. 370, art. 29, § 1;P.L. 1995, ch. 374, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-3-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 3. Abortion [Unconstitutional]

§§ 11-3-1 to 11-3-5. Omitted



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-3-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 3. Abortion [Unconstitutional]

§§ 11-3-1 to 11-3-5. Omitted



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-1. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-2. Arson--First degree


Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion a substantial risk of serious physical harm to any person or damage to any building the property of that person or another, whether or not used for residential purposes, which is occupied or in use for any purpose or which has been occupied or in use for any purpose during the six (6) months preceding the offense or to any other residential structure, shall, upon conviction, be sentenced to imprisonment for not less than five (5) years and may be imprisoned for life, or shall be fined not less than three thousand dollars ($3,000) nor more than twenty-five thousand dollars ($25,000), or both; provided, further, that whenever a death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years. In all such cases, the justice may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for the minimum term is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.


CREDIT(S)


P.L. 1917, ch. 1473, § 1; P.L. 1927, ch. 1043, § 1; P.L. 1980, ch. 247, § 1; P.L. 1983, ch. 185, § 1; P.L. 1990, ch. 214, § 1.


Codifications: G.L. 1896, ch. 279, § 2; G.L. 1909, ch. 345, § 2; G.L. 1923, ch. 397, § 2; G.L. 1938, ch. 608, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-2.1. Arson--Custody


.Any person who while under arrest or incarcerated knowingly causes, procures, aids, counsels or creates by means of fire or explosion the damage or destruction of any occupied or unoccupied building shall be guilty of arson in the first degree and shall be sentenced as provided in § 11-4-2.


CREDIT(S)


P.L. 1995, ch. 136, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-3. Arson--Second degree


Any person who knowingly causes, aids, procures or counsels by means of fire or explosion the damage or destruction of any unoccupied building, structure or facility the property of that person or another shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years, or shall be fined not more than two thousand five hundred dollars ($2,500), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.


CREDIT(S)


P.L. 1917, ch. 1473, § 1; P.L. 1927, ch. 1043, § 1; P.L. 1980, ch. 247, § 1; P.L. 1983, ch. 185, § 1.


Codifications: G.L. 1896, ch. 279, § 2; G.L. 1909, ch. 345, § 2; G.L. 1923, ch. 397, § 2; G.L. 1938, ch. 608, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-4. Arson--Third degree


Any person who knowingly causes, procures, aids or counsels or creates by means of fire or explosion the damage or destruction of any property of that person or another with the purpose to defraud an insurer shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years or shall be fined not more than five thousand dollars ($5,000), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.


CREDIT(S)


P.L. 1927, ch. 1043, § 1; P.L. 1980, ch. 247, § 1; P.L. 1983, ch. 185, § 1.


Codifications: G.L. 1896, ch. 279, § 4; G.L. 1909, ch. 345, § 4; G.L. 1923, ch. 397, § 4; G.L. 1938, ch. 608, § 3; G.L. 1956, § 11-4-5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-5. Arson--Fourth degree


Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion damage to or destruction of any personal property valued in excess of one hundred dollars ($100) and the property of another person shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than three (3) years, or shall be fined not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1917, ch. 1473, § 1; P.L. 1927, ch. 1043, § 1; P.L. 1980, ch. 247, § 1; P.L. 1983, ch. 185, § 1.


Codifications: G.L. 1896, ch. 279, §§ 2, 3; G.L. 1909, ch. 345, §§ 2, 3; G.L. 1923, ch. 397, §§ 2, 3; G.L. 1938, ch. 608, § 2; G.L. 1956, § 11-4-4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-6. Arson--Fifth degree


Any person who knowingly attempts to cause, procure, aid, or counsel by fire or explosion the damage or destruction of any property mentioned in §§ 11-4-2 - 11-4-5 shall, upon conviction, be fined not exceeding one thousand dollars ($1,000), or imprisonment for not less than one year nor more than twenty (20) years.


CREDIT(S)


P.L. 1917, ch. 1473, § 1; P.L. 1927, ch. 1043, § 1; P.L. 1980, ch. 247, § 1.


Codifications: G.L. 1896, ch. 279, §§ 2-4; G.L. 1909, ch. 345, §§ 2-4; G.L. 1923, ch. 397, §§ 2-4; G.L. 1923, ch. 397, § 4; G.L. 1938, ch. 608, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-7. Arson--Sixth degree


Any person who knowingly causes, procures, aids or counsels the destruction of woodlands by fire which shall run and spread at large shall, upon conviction, be imprisoned not exceeding two (2) years, or shall be fined not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1980, ch. 247, § 1; P.L. 1983, ch. 185, § 1.


Codifications: G.L. 1896, ch. 279, § 6; G.L. 1909, ch. 345, § 6; G.L. 1923, ch. 397, § 6; G.L. 1938, ch. 608, § 6; G.L. 1956, § 11-4-8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-8. Arson--Seventh degree


Every person who shall make a bonfire in any public street, road, square, land or rotary, without special permission from the local governing body, shall be fined not exceeding one hundred dollars ($100). No complaint for a violation of any of the provisions of this section shall be sustained unless it shall be brought within thirty (30) days after the commission of the offense, and all fines for the violation shall inure one-half ( 1/2) of the fine to the complainant and one-half ( 1/2) of the fine to the state. The local governing body may appoint a designee to grant permission under the provisions of this section.


CREDIT(S)


P.L. 1980, ch. 247, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-9. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-4-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 4. Arson and Fires

§ 11-4-10. Interference with fire alarm apparatus--Penalty


Every person who unlawfully and without just cause willfully or knowingly tampers with, interferes with or in any way impairs any public fire alarm apparatus, wire or associated equipment shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand ($1,000) nor more than five thousand ($5,000) dollars, or shall be imprisoned for not less than one nor more than five (5) years, or both.


CREDIT(S)


P.L. 1971, ch. 212, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-1. Assault with intent to commit specified felonies


Every person who shall make an assault with intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty (20) years nor less than one year.


CREDIT(S)


P.L. 1981, ch. 76, § 1.


Codifications: G.L. 1896, ch. 277, § 18; G.L. 1909, ch. 343, § 18; G.L. 1923, ch. 395, § 18; G.L. 1938, ch. 606, § 18.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-2. Felony assault


(a) Every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury, shall be punished by imprisonment for not more than twenty (20) years.


(b) Where the provisions of “The Domestic Violence Prevention Act”, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


(c) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.


CREDIT(S)


P.L. 1915, ch. 1258, § 6; P.L. 1925, ch. 657, § 1; P.L. 1981, ch. 76, § 1; P.L. 1988, ch. 539, § 8; P.L. 1990, ch. 241, § 1;P.L. 1991, ch. 324, § 1;P.L. 1996, ch. 81, § 1.


Codifications: G.L. 1896, ch. 277, § 19; G.L. 1909, ch. 343, § 19; G.L. 1923, ch. 395, § 19; G.L. 1938, ch. 606, § 19.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-2.1. Felony assault by use of devices similar in appearance to a firearm


(a) Every person who shall make an assault or battery, or both, with any device manufactured and designed to be substantially similar in appearance to a firearm shall be punished by imprisonment for not more than ten (10) years if serious injury results, and in the event that serious bodily injury does not result, punishment shall be imprisonment for not more than three (3) years.


(b) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


CREDIT(S)


P.L. 1988, ch. 604, § 1; P.L. 1991, ch. 324, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-2.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-2.2. Battery--Criminal negligence


(a) When serious bodily injury, as defined in § 11-5-2, of any person, occurs as a proximate result of criminal negligence, the person committing the criminal negligence shall be guilty of battery and shall be deemed to have committed a felony and shall be imprisoned not exceeding ten (10) years or fined not exceeding ten thousand dollars ($10,000), or both.


(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross; (ii) “Person” shall mean an individual or any business entity recognized by the laws of the state of Rhode Island including, but not limited to, corporations, limited liability corporations, partnerships or limited liability partnerships.


CREDIT(S)


P.L. 2004, ch. 194, § 1;P.L. 2004, ch. 204, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-2.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-2.3. Domestic assault by strangulation


(a) Every person who shall make an assault or battery, or both, by strangulation, on a family or household member as defined in subsection 12-29-2(b), shall be punished by imprisonment for not more than ten (10) years.


(b) Where the provisions of “The Domestic Violence Prevention Act”, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


(c) “Strangulation” means knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm.


CREDIT(S)


P.L. 2012, ch. 278, § 1, eff. June 19, 2012; P.L. 2012, ch. 284, § 1, eff. June 19, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-3. Simple assault or battery


(a) Except as otherwise provided in § 11-5-2, every person who shall make an assault or battery or both shall be imprisoned not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both.


(b) Where the provisions of “The Domestic Violence Prevention Act”, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


CREDIT(S)


Court & Practice Act (1905), § 1171; P.L. 1988, ch. 539, § 8; P.L. 1992, ch. 329, § 1.


Codifications: G.L. 1896, ch. 277, § 20; G.L. 1909, ch. 343, § 20; G.L. 1923, ch. 395, § 20; G.L. 1938, ch. 606, § 20.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-4. Assault with dangerous weapon in dwelling house


Whoever, being armed with a dangerous weapon, assaults another with intent to rob or murder, shall, if the assault is committed within a dwelling house, be punished by imprisonment in the adult correctional institution for not less than ten (10) years to life.


CREDIT(S)


R.P.L. 1957, ch. 99, § 1; P.L. 2000, ch. 109, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-5. Assault of police officers and other officials


Any person who shall make an assault or battery, or both, by knowingly and willfully either (1) striking, or (2) spraying with a noxious chemical, commonly used as a personal defense weapon, including Mace and an oleoresin capsicum product or like products, a uniformed member of the state police or metropolitan park police, environmental police officer, state properties patrol officer, probation and parole officers, state government case worker or investigator, judge of the supreme, superior, family, district court, traffic tribunal or municipal court, deputy sheriff, city or town police officer or firefighter, member of the capitol police, member of campus security force of state colleges and universities, member of the Rhode Island airport police department, member of the Rhode Island fugitive task force, Rhode Island public transit authority bus driver, or on-duty plainclothes member of the town, city, or state police force, investigator of the department of the attorney general appointed pursuant to § 42-9-8.1, or member of the railroad police after proper identification is displayed, or uniformed dog officer, or out-of-state police officer called into Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant attorney general, or employees of the department of environmental management responsible for administrative inspections or any constable authorized by chapter 45-16 of the Rhode Island general law causing bodily injury while the officer or official is engaged in the performance of his or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding three (3) years, or fined not exceeding fifteen hundred dollars ($1,500), or both.


CREDIT(S)


P.L. 1965, ch. 206, § 1; P.L. 1966, ch. 188, § 1; P.L. 1968, ch. 76, § 1; P.L. 1973, ch. 66, § 1; P.L. 1979, ch. 249, § 1; P.L. 1980, ch. 305, § 1; P.L. 1982, ch. 362, § 1; P.L. 1984, ch. 277, § 1; P.L. 1986, ch. 78, § 1; P.L. 1988, ch. 266, § 1; P.L. 1990, ch. 428, § 1; P.L. 1991, ch. 200, § 1; P.L. 1993, ch. 59, § 1; P.L. 1995, ch. 56, § 1; P.L. 1996, ch. 152, § 2; P.L. 1997, ch. 332, § 1; P.L. 1999, ch. 74, § 1; P.L. 1999, ch. 491, § 1; P.L. 2003, ch. 60, § 1; P.L. 2003, ch. 71, § 1; P.L. 2011, ch. 74, § 1, eff. June 20, 2011; P.L. 2011, ch. 81, § 1, eff. June 20, 2011; P.L. 2012, ch. 324, § 29, eff. June 20, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-6. Assault and battery in the collection of a loan


Any person who commits an assault and battery upon another for the purpose of collecting any loan shall be punished upon the first conviction by imprisonment for not more than five (5) years and upon a second or subsequent conviction by imprisonment for not less than three (3) years nor more than ten (10) years.


CREDIT(S)


P.L. 1970, ch. 264, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-7. Assault of schoolteachers, school officials or other school department employees


Any person who shall knowingly and willfully strike a schoolteacher, student teacher, school security officer or school administrator, causing bodily injury, while the teacher, student teacher, security officer, administrator, or school department employee is engaged in the performance of his or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding three (3) years, or fined not exceeding fifteen hundred dollars ($1,500), or both.


CREDIT(S)


P.L. 1972, ch. 208, § 1; P.L. 1984, ch. 70, § 1; P.L. 1997, ch. 203, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-8. Assault on correctional officer or training school employee


Any person who shall knowingly and willfully strike a uniformed member of the correctional officer staff at the adult correctional institutions causing bodily injury, or willfully strikes a member who is out of uniform, knowing the person to be such a member, while the member is engaged in the performance of his or her duty, or who knowingly and without consent removes or attempts to remove a firearm from a correctional officer engaged in the lawful performance of his or her duties, or who knowingly and willfully strikes a training school employee at the training school for youth, causing bodily injury to the employee while the employee is engaged in the performance of his or her duty, shall be imprisoned not exceeding five (5) years, or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1973, ch. 147, § 1; P.L. 1987, ch. 58, § 1; P.L. 1988, ch. 86, § 1; P.L. 1992, ch. 349, § 1;P.L. 1996, ch. 192, § 1;P.L. 1999, ch. 138, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-8.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-8.1. Assault with bodily fluid


Any person incarcerated or in custody at a state correctional facility including the juvenile training school who shall knowingly and willfully commit an assault upon a correctional officer or any other employee of the department of corrections with any bodily fluid, while the employee is engaged in the performance of his or her duty, shall be imprisoned not exceeding five (5) years, or fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1997, ch. 35, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-9. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-10. Assault on persons 60 years of age or older causing bodily injury


Any person who shall commit an assault and battery upon a person sixty (60) years of age or older, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1980, ch. 158, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-10.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-10.1. Assault on persons 60 years of age or older causing serious bodily injury


(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, shall be deemed to have committed a felony and shall be imprisoned for not less than three (3) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both. Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work or attend violence counseling and/or substance abuse counseling, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.


(b) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


CREDIT(S)


P.L. 1987, ch. 123, § 1; P.L. 1988, ch. 491, § 1; P.L. 1991, ch. 324, § 1;P.L. 1997, ch. 119, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-10.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-10.2. Assault on persons with severe impairments causing serious bodily injury


(a) Any person who shall commit an assault or battery, or both, upon a person, with severe impairments causing serious bodily injury, shall be deemed to have committed a felony and shall be imprisoned for not less than two (2) years but not more than twenty (20) years, or fined not more than five thousand dollars ($5,000), or both. Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.


(b) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death, serious disfigurement;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


(c) For the purposes of this section:


(1) “Adult” means a person over the age of eighteen (18).


(2) “Major life activities” means: (i) mobility; (ii) self-care; (iii) communication; (iv) receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for independent living; or (viii) economic self-sufficiency.


(3) “Person with severe impairments” means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments and results in substantial functional limitations in one or more major life activities.


(d) Violations of this section shall be reported to the local police department.


(e) After July 1, 2007 pursuant to § 40-8.5-2, the local police department may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when:


(1) Necessary to ensure the immediate health and safety of the adult victim;


(2) The adult victim relies on the person believed to have committed the assault and/or battery, for assistance in performing three (3) or more major life activities; and


(3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services.


CREDIT(S)


P.L. 1988, ch. 358, § 1; P.L. 1990, ch. 422, § 1;P.L. 1991, ch. 324, § 1; P.L. 2006, ch. 175, § 1, eff. June 26, 2006; P.L. 2006, ch. 268, § 1, eff. July 3, 2006; P.L. 2012, ch. 254, § 1, eff. July 1, 2012; P.L. 2012, ch. 264, § 1, eff. July 1, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-10.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-10.3. Assault on persons 60 years of age or older by caretaker causing bodily injury


Any person who shall commit an assault and battery upon a person sixty (60) years of age or older, causing bodily injury, and who was, at the time of the assault and battery, responsible for the care and treatment of the victim, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding two thousand five hundred dollars ($2,500), or both. Further, if at the time of the assault and battery the person committing the act was employed by a health care facility that either condoned the act or attempted to conceal it, the health care facility shall be fined not exceeding five thousand dollars ($5,000).


CREDIT(S)


P.L. 1988, ch. 442, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-10.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-10.4. Assault on persons 60 years of age or older by caretaker causing serious bodily injury


(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, and who was, at the time of the assault and battery, responsible for the care and treatment of the victim, shall be deemed to have committed a felony and shall be imprisoned for not less than two (2) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both. Further, if at the time of the assault and battery the person committing the act was employed by a health care facility that either condoned the act or attempted to conceal it, the health care facility shall be fined not exceeding fifteen thousand dollars ($15,000). Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work or attend violence counseling and/or substance abuse counseling, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.


(b) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


CREDIT(S)


P.L. 1988, ch. 442, § 1; P.L. 1991, ch. 324, § 1;P.L. 1997, ch. 119, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-11. Assault on persons with severe impairments


(a) For the purposes of this section:


(1) “adult” means a person over the age of eighteen (18).


(2) “major life activities” means: (i) mobility; (ii) self-care; (iii) communication; (iv) receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for independent living; or (viii) economic self-sufficiency.


(3) “person with severe impairments” means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments which results in a substantial limitation on the person's ability to function independently in the family or community and in one or more major life activities.


(b) Any person who shall commit an assault and battery upon a person who is severely impaired as defined in subsection (a) of this section, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding two thousand dollars ($2,000), or both.


(c) Violations of this section shall be reported to the local police department.


(d) After July 1, 2007 pursuant to § 40-8.5-2, the local police department may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when:


(1) Necessary to ensure the immediate health and safety of the adult victim;


(2) The adult victim relies on the person believed to have committed the assault and/or battery, for assistance in performing three (3) or more major life activities; and


(3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services.


CREDIT(S)


P.L. 1982, ch. 445, § 1; P.L. 1985, ch. 374, § 1; P.L. 1990, ch. 423, § 1;P.L. 1999, ch. 83, § 10;P.L. 1999, ch. 130, § 10; P.L. 2006, ch. 175, § 1, eff. June 26, 2006; P.L. 2006, ch. 268, § 1, eff. July 3, 2006; P.L. 2012, ch. 254, § 1, eff. July 1, 2012; P.L. 2012, ch. 264, § 1, eff. July 1, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-12. Abuse, neglect and/or exploitation of adults with severe impairments


(a) Any person primarily responsible for the care of an adult with severe impairments who shall willfully and knowingly abuse, neglect or exploit that adult shall be subject to a fine of not more than two thousand dollars ($2,000), or imprisoned not more than five (5) years, or both, and ordered to make full restitution of any funds as the result of any exploitation which results in the misappropriation of funds. Every person convicted of or placed on probation for violation of this section shall be ordered by the sentencing judge to attend appropriate professional counseling to address his or her abusive behavior.


(b) As used in this section:


(1) “Abuse” means the subjection of an adult with a severe impairment to willful infliction of physical pain, willful deprivation of services necessary to maintain the physical or mental health of the person, or unreasonable confinement.


(2) “Adult with severe impairments” means a person over the age of eighteen (18) who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments and results in substantial functional limitations in one or more of the following areas of major life activity: (i) mobility; (ii) self-care; (iii) communication; (iv) receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for independent living; or (viii) economic self-sufficiency.


(3) “Exploitation” means an act or process of taking pecuniary advantage of impaired persons by use of undue influence, harassment, duress, deception, false representation, false pretenses, or misappropriation of funds.


(4) “Neglect” means the willful refusal to provide services necessary to maintain the physical or mental health of an adult with severe impairments.


(5) “Person primarily responsible for care” or “caregiver” means any person who is for a significant period of time the primary caregiver or is primarily responsible for the management of the funds of an adult with severe impairments.


(c) Violations of this section shall be reported to the local police department.


(d) After July 1, 2007 pursuant to § 40-8.5-2, the local police department may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when:


(1) necessary to ensure the immediate health and safety of the adult victim;


(2) the adult victim relies on the person believed to have committed the abuse, neglect and/or exploitation, for assistance in performing three (3) or more major life activities; and


(3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services.


(e) Any person who fails to report known or suspected abuse or neglect shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than five hundred dollars ($500).


(f) Nothing in this section shall be interpreted to apply to the discontinuance of life-support systems or life-sustaining treatment for an adult for whom, if the treatment were terminated, death may result.


(g) Any person participating in good faith in making a report pursuant to this chapter, excluding any perpetrator or conspirator of the acts, shall have immunity from any civil liability that might otherwise be incurred or imposed.


(h) Nothing in this section shall be interpreted to prohibit the use of any medical or psychological treatment procedure designed and conducted in accordance with applicable professional standards when performed by appropriately trained personnel under the supervision of a person or facility licensed or approved by the state of Rhode Island and when any consent as is required by law has been obtained.


(i) Nothing in this chapter shall be construed to mean a person is abused or neglected for the sole reason that the person is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination recognized by the laws of this state.


(j) Nothing in this chapter shall be construed to mean a person is abused or neglected when the parent or legal guardian of an adult with severe impairments, who is the person primarily responsible for care of the adult, (1) decides, in good faith, not to accept support services from a governmental agency, which in the opinion of the parent or legal guardian and the adult, is considered to be inappropriate or inconsistent with the best interests of that adult; or (2) decides, in good faith, to reduce or discontinue assistance to that adult who is developing, acquiring or practicing independent decision-making or living skills.


CREDIT(S)


P.L. 1990, ch. 210, § 1;P.L. 1993, ch. 456, § 1; P.L. 2006, ch. 169, § 1, eff. June 23, 2006; P.L. 2006, ch. 175, § 1, eff. June 26, 2006; P.L. 2006, ch. 196, § 1, eff. June 28, 2006; P.L. 2006, ch. 268, § 1, eff. July 3, 2006; P.L. 2012, ch. 254, § 1, eff. July 1, 2012; P.L. 2012, ch. 264, § 1, eff. July 1, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-13. Repealed by P.L. 1998, ch. 83, § 2, eff. July 2, 1998



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-14. Assault on child in care of department of children, youth, and families


Any employee of the department of children, youth and families, or any employee of any public or private agency with which the department contracts for services in furtherance of the care or custody of children, who shall commit an assault and battery upon a child in the care of the department shall be deemed to have committed a felony and shall be punished by imprisonment for not less than three (3) years but not more than ten (10) years and a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).


CREDIT(S)


P.L. 1991, ch. 258, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-14.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-14.1. Assault on child in care of department of children, youth, and families causing serious bodily injury


(a) Any employee of the department of children, youth and families, or any employee of any public or private agency with which the department contracts for services in furtherance of the care or custody of children who shall commit an assault or battery upon a child in the care of the department, causing serious bodily injury, shall be deemed to have committed a felony and shall be punished by imprisonment for not less than five (5) years but not more than twenty (20) years and a fine of not less than five thousand dollars ($5,000) nor more than twenty thousand dollars ($20,000).


(b) “Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


CREDIT(S)


P.L. 1991, ch. 258, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-14.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-14.2. Battery by an adult upon child ten (10) years of age or younger causing serious bodily injury


(a) Any person eighteen (18) years of age or older who shall commit a battery upon a child ten (10) years of age or younger, causing serious bodily injury, shall be deemed to have committed a felony and shall be punished by imprisonment for not less than five (5) years but not more than twenty (20) years and a fine of not less than five thousand ($5,000) dollars nor more than twenty thousand ($20,000) dollars.


(b)“Serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or


(3) Causes serious permanent disfigurement.


CREDIT(S)


P.L. 1996, ch. 90, § 1;P.L. 1996, ch. 109, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-15. Aggravated harassment of a deputy sheriff by an inmate


Every prisoner confined in a custodial unit of the adult correctional institutions or in the custody of the warden or other correctional employee while outside the confines of the institutions who causes or attempts to cause any deputy sheriff to come into contact with blood, seminal fluid, urine or feces, by throwing, tossing or expelling the fluid or material with the intent to harass, annoy, threaten or alarm, shall be imprisoned not exceeding two (2) years, or fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or both.


CREDIT(S)


P.L. 1999, ch. 467, § 1; P.L. 2012, ch. 324, § 29, eff. June 20, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-5-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 5. Assaults

§ 11-5-16. Assault of health care providers or emergency services medical personnel


(a) Any person who shall knowingly and willfully assault a health care provider and/or emergency medical services personnel while that provider is engaged in providing health care services shall be deemed to have committed a felony, and may be imprisoned no more than three (3) years and fined not more than fifteen hundred dollars ($1,500), or both.


(b) The following terms, as used in this section, are defined as follows:


(1) “Health care provider” has the same meaning as defined in section 5-37.3-3 and includes any personnel directed by them.


(2) “Emergency medical services personnel” means anyone who provides emergency medical transportation services and anyone directed by them.


(3) “Health care services” has the same meaning as defined in section 5-37.3-3 and includes any personnel directed by them.


CREDIT(S)


P.L. 2001, ch. 74, § 1;P.L. 2001, ch. 201, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 6. Bigamy and Adultery

§ 11-6-1. Bigamy


Every person who shall be convicted of being married to another, or of cohabiting with another as husband and wife, having at the time a former husband or wife living, shall be fined not exceeding one thousand dollars ($1,000); provided, that this shall not extend to any person whose husband or wife shall be continually remaining without the limits of this state for the space of seven (7) years together, the party being married after the expiration of the seven (7) years, not knowing the other to be living within that time, nor to any person who shall be divorced at the time of the second marriage, nor to any person by reason of any former or prior marriage made when the man was less than fourteen (14) and the woman less than twelve (12) years of age.


CREDIT(S)


P.L. 1989, ch. 214, § 1.


Codifications: G.L. 1896, ch. 281, § 1; G.L. 1909, ch. 347, § 1; G.L. 1923, ch. 399, § 1; G.L. 1938, ch. 610, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 6. Bigamy and Adultery

§ 11-6-2. Adultery


Every person who shall commit adultery shall be fined not exceeding five hundred dollars ($500); and illicit sexual intercourse between any two (2) persons, where either of them is married, shall be deemed adultery in each.


CREDIT(S)


P.L. 1989, ch. 214, § 1.


Codifications: G.L. 1896, ch. 281, § 2; G.L. 1909, ch. 347, § 2; G.L. 1923, ch. 399, § 2; G.L. 1938, ch. 610, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 6. Bigamy and Adultery

§§ 11-6-3, 11-6-4. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 6. Bigamy and Adultery

§§ 11-6-3, 11-6-4. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-1. Bribery of juror or person exercising judicial function


Every person who shall give any sum of money or any bribe, present, reward or unsecured loan, or any promise or security for any, to obtain or influence the opinion, judgment, verdict, sentence, report or award of any judge, justice of the peace, warden, juror, auditor, referee, arbitrator, master in chancery, or person summoned as a juror, in any matter or cause pending or to be tried before him or her alone or before him or her with others, shall be imprisoned not exceeding seven (7) years or be fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1990, ch. 95, § 1.


Codifications: G.L. 1896, ch. 276, § 4; G.L. 1909, ch. 342, § 4; G.L. 1923, ch. 394, § 4; G.L. 1938, ch. 605, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-2. Acceptance of bribe by juror or person exercising judicial function


Every judge, justice of the peace, warden, juror, auditor, referee, arbitrator, master in chancery, or person summoned as a juror, who shall accept, receive, or agree for in any way any bribe, present, reward, or unsecured loan, to him or her offered, for the purpose of obtaining or influencing his or her opinion, judgment, verdict, sentence, report, or award in any matter or cause depending or to be tried before him or her alone or before him or her with others, shall be imprisoned not exceeding seven (7) years or fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1990, ch. 95, § 1.


Codifications: G.L. 1896, ch. 276, § 5; G.L. 1909, ch. 342, § 5; G.L. 1923, ch. 394, § 5; G.L. 1938, ch. 605, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-3. Solicitation or acceptance of bribe by agent, employee, or public official


(a) No person in public or private employ, or public official shall corruptly accept, or obtain or agree to accept, or attempt to obtain from any person, for himself or herself or any other person, any gift or valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the business of his or her principal, master, employer, or state, city, or town of which he or she is an official, or for showing or forbearing to show favor or disfavor to any person in relation to the business of his or her principal, master, employer, or state, city, or town of which he or she is an official.


(b) It shall not be a defense to a prosecution under this section that the person did not have the power or authority to perform the act or omission for which the reward or inducement was offered, solicited, accepted, or agreed upon.


CREDIT(S)


P.L. 1905, ch. 1219, § 1; P.L. 1991, ch. 139, § 1.


Codifications: G.L. 1909, ch. 349, § 21; G.L. 1923, ch. 401, § 21; G.L. 1938, ch. 612, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-4. Bribery of agent, employee, or public official


(a) No person shall corruptly give or offer any gift or valuable consideration to any person in public or private employ, or any public official as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the business of his or her principal, master, or employer, or the state, city, or town of which he or she is an official, or for showing or forbearing to show favor or disfavor to any person in relation to the business of his or her principal, master, employer, or state, city, or town of which he or she is an official.


(b) It shall not be a defense to a prosecution under this section that the person did not have the power or authority to perform the act or omission for which the reward or inducement was offered, solicited, accepted, or agreed upon.


CREDIT(S)


P.L. 1905, ch. 1219, § 2; P.L. 1991, ch. 136, § 1.


Codifications: G.L. 1909, ch. 349, § 22; G.L. 1923, ch. 401, § 22; G.L. 1938, ch. 612, § 22.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-5. Penalty for violations


Any person who violates any of the provisions of § 11-7-3 or 11-7-4 shall be deemed guilty of a felony, and shall, upon conviction, be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or three times the monetary equivalent of the gift or valuable consideration, whichever is greater, or imprisoned for not more than twenty (20) years, or both.


CREDIT(S)


P.L. 1905, ch. 1219, § 4; P.L. 1981, ch. 193, § 1; P.L. 1991, ch. 89, § 1.


Codifications: G.L. 1909, ch. 349, § 24; G.L. 1923, ch. 401, § 24; G.L. 1938, ch. 612, § 24.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-6. Civil liability for violating § 11-7-3 or 11-7-4


Any person injured by any violation of the provisions of § 11-7-3 or 11-7-4 may recover from the person or persons inflicting the injury twice the amount of the injury.


CREDIT(S)


P.L. 1905, ch. 1219, § 5.


Codifications: G.L. 1909, ch. 349, § 25; G.L. 1923, ch. 401, § 25; G.L. 1938, ch. 612, § 25.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-8. Accepting bribe to obtain preferential military treatment


Any person obtaining anything of value from a spouse, parent, or other blood relative of any citizen of this state in the armed forces of the United States or subject to the Military Selective Service Act, 50 U.S.C. App. § 451 et seq., by claiming that he or she has obtained, can or will obtain for that citizen any exception, deferment, promotion, leave, furlough, preference, change of duty or place of service or the like, shall be guilty of a felony, and upon conviction shall be imprisoned not less than five (5) nor more than twenty-five (25) years.


CREDIT(S)


P.L. 1943, ch. 1352, § 1.


Codifications: G.L. 1938, ch. 612, § 58.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-9. Corruption of sports participant or official


Whoever corrupts or attempts to corrupt a player, coach, manager, trainer, umpire, referee, or other person engaged in playing, arranging, staging, officiating at, or promoting any amateur or professional athletic game or contest or jai alai match to be played or held within the state of Rhode Island, or who corrupts or attempts to corrupt any owner, trainer, groom, jockey, racing official, or other person in any manner engaged in or connected with the running, officiating at or promoting any horse race or dog race run or to be run within the state of Rhode Island by giving, offering, or promising any gift or gratuity whatever, directly or indirectly, with intent to improperly influence the conduct of the person in the playing, running, or carrying out of any athletic game or contest or jai alai match or any horse race, or officiating at the game or contest, whether the offer, promise, gift, or gratuity is made at or away from the playing field, boxing or ice arena, race course or fronton, or other place where the athletic game, contest, or horse race is scheduled to take place with intent to improperly influence the conduct of the person in connection with the proper playing or promoting of the athletic game or contest or jai alai match or officiating at the game, contest or match, or the proper running or promoting of any horse race or dog race or officiating at any horse or dog race, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment of not more than seven (7) years, or both.


CREDIT(S)


P.L. 1950, ch. 2556, § 1; P.L. 1981, ch. 193, § 1; P.L. 1991, ch. 24, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-10. Acceptance of bribe by sports participant or official


Any player, coach, manager, official, or other person engaged in the playing, arranging, or promotion of any amateur or professional athletic game or contest or jai alai match or officiating at the game, contest or match, or any owner, trainer, groom, jockey, racing official or other person participating in any horse race or dog race or in any manner engaged in conducting, arranging, or promoting any horse race or officiating at any horse or dog race, who accepts any gift or gratuity, directly or indirectly, from any person who gives, offers, or promises any gift or gratuity with intent to improperly influence the conduct of the person in the arranging, holding, or playing of the athletic game or contest or jai alai match or officiating at the game, contest or match, or the running or promoting of the horse race or dog race or officiating at the horse or dog race, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment of not more than seven (7) years, or both.


CREDIT(S)


P.L. 1950, ch. 2556, § 2; P.L. 1981, ch. 193, § 1; P.L. 1991, ch. 24, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-11. Bribery of witness


Any person who shall corruptly give or offer to give any sum of money or any bribe, present, or reward, or any promise or security to obtain or influence the testimony of any witness to any crime or to induce the witness to absent himself or herself from, or otherwise avoid or seek to avoid appearing or testifying at, any hearing shall be guilty of a felony and upon conviction shall be imprisoned for not more than seven (7) years, or fined not more than one thousand dollars ($1,000), or both. Nothing in this section shall be construed to make an agreement between the victim and the defendant to dismiss a criminal charge unlawful.


CREDIT(S)


P.L. 1989, ch. 430, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-12. Failure to report corruption of sports participant or official


Any person who knows or has reason to know that corruption of a player, coach, manager, trainer, umpire, referee, or other person engaged in playing, arranging, staging, officiating at, or promoting any amateur or professional athletic game or contest or jai alai match to be played or held within the state of Rhode Island, or any owner, trainer, groom, jockey, racing official, or other person in any manner engaged in or connected with the running, officiating at, or promoting any horse race or dog race run or to be run within the state of Rhode Island by giving, offering or promising any gift or gratuity whatever, directly or indirectly, with intent to improperly influence the conduct of the person in the playing, running or carrying out of any athletic game or contest or jai alai match or any horse race or dog race has taken place in his or her presence or that any attempt to corrupt that person has taken place in his or her presence shall immediately notify the state police or the police department of the city or town in which the corruption or attempt to corrupt has taken place. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment for not more than one year, or both.


CREDIT(S)


P.L. 1991, ch. 24, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-13. Acceptance of gratuity by employees of banking division of department of business regulation


(a) No person who is an employee of the banking division of the department of business regulation or an employee of the department with jurisdiction over the banking division, shall accept a gratuity from a financial institution governed by title 19 or from any officer, director, or employee of the financial institution.


(b) If the gratuity, so accepted, is valued at less than one hundred dollars ($100), the person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or both.


(c) If the gratuity, so accepted, is valued at one hundred dollars ($100) or more, or if the aggregate of the gratuities so accepted within a year equal or exceed one hundred dollars ($100), the person who violated this section shall be guilty of a felony and shall be imprisoned not more than three (3) years, or fined not more than twenty-five thousand dollars ($25,000) or three (3) times the amount of the gratuity so given, whichever is greater, or both.


CREDIT(S)


P.L. 1991, ch. 140, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 7. Bribery

§ 11-7-14. Offer of gratuity by employees of financial institutions


(a) No person who is an officer, director, or employee of a financial institution governed by title 19 shall give any gratuity to any individual who is an employee of the banking division of the department of business regulation, or to any employee of the department with jurisdiction over the banking division.


(b) If the gratuity, so accepted, is valued at less than one hundred dollars ($100), the person who violates this section shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000).


(c) If the gratuity, so accepted, is valued at one hundred dollars ($100) or more or if the aggregate of the gratuities, so accepted, within a year equals or exceeds one hundred dollars ($100), the person who violated this section shall be guilty of a felony and shall be imprisoned not more than three (3) years, or fined not more than twenty-five thousand dollars ($25,000) or three (3) times the amount of the gratuity so given, whichever is greater, or both fine and imprisonment.


CREDIT(S)


P.L. 1992, ch. 467, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-1. Burglary


Every person who shall commit burglary shall be imprisoned for life or for any term not less than five (5) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 7; G.L. 1909, ch. 345, § 7; G.L. 1923, ch. 397, § 7; G.L. 1938, ch. 608, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-1.1. Attempted breaking and entering


(a) Whoever attempts to commit the breaking and entering of any structure as set out in §§ 11-8-2, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-3, 11-8-4 or 11-8-5.1 by doing any overt act toward the commission of the offense while in the curtilage of the structure, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been imposed if the attempted offense had been committed.


(b) An “overt act” is defined as any act of an individual by which the individual physically attempts to gain entrance into a type of structure set forth in the sections listed in subsection (a) of this section.


CREDIT(S)


P.L. 1982, ch. 288, § 1; P.L. 1987, ch. 87, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-2. Unlawful breaking and entering of dwelling house


(a) Every person who shall break and enter at any time of the day or night any dwelling house or apartment, whether the dwelling house or apartment is occupied or not, or any outbuilding or garage attached to or adjoining any dwelling house, without the consent of the owner or tenant of the dwelling house, apartment, building, or garage, shall be imprisoned for not less than two (2) years and not more than ten (10) years for the first conviction, and for the second and subsequent conviction shall be imprisoned for not less than four (4) years and not more than fifteen (15) years, or fined not more than ten thousand dollars ($10,000), or both.


(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them approved by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.


CREDIT(S)


P.L. 1928, ch. 1209, § 1; P.L. 1978, ch. 288, § 1; P.L. 1980, ch. 154, § 1; P.L. 1985, ch. 426, § 1; P.L. 1988, ch. 171, § 1.


Codifications: G.L. 1923, ch. 397, § 9; G.L. 1938, ch. 608, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-2.1. Unlawful breaking and entering of dwelling with possession of instruments relating to wrongful setting of fires


Every person who shall break and enter, at any time of the day or night, any dwelling house or apartment, whether it is occupied or not, or any outbuilding or garage attached to or adjoining any dwelling house or apartment, without the consent of the owner or tenant of the dwelling house, apartment, building, or garage, and who shall have in his or her possession any instrument or instrumentality or equipment of any kind that is reasonably related to the wrongful setting of fires shall be punished by imprisonment for not less than three (3) years and not more than fifteen (15) years. “Possession” means in the actual or constructive control or custody of the person while in the dwelling. “Wrongful” excludes those items which are ordinarily used for the lighting of smoking paraphernalia.


CREDIT(S)


P.L. 1975, ch. 234, § 1; P.L. 1985, ch. 109, § 1; P.L. 1989, ch. 536, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-2.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-2.2. Breaking and entering of a dwelling when resident on premises


(a) Every person who shall break and enter into any dwelling house or apartment without the consent of the owner or tenant at a time when the resident or residents of the dwelling house or apartment are on the premises, after having been previously convicted of such an offense, shall be imprisoned for not less than one year and not more than ten (10) years and shall not be afforded the provisions of suspension or deferment of sentence nor probation and may in addition be fined not more than five thousand dollars ($5,000).


(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense, or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them approved by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. Restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence; provided, that nothing contained in this section shall be construed to require the payment of restitution while the convicted person is imprisoned.


CREDIT(S)


P.L. 1985, ch. 426, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-2.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-2.3. Breaking and entering of dwelling house of persons 60 years of age or older when resident on premises


(a) Every person who shall break and enter any dwelling house or apartment, without the consent of the owner or tenant at a time when a resident of the dwelling house or apartment who is sixty (60) years of age or older is on the premises, shall be imprisoned for not less than four (4) years and not more than twenty (20) years for the first conviction, and for the second and subsequent convictions shall be imprisoned for not less than six (6) years and not more than twenty (20) years, and may in addition be fined not more than fifteen thousand dollars ($15,000) for a first conviction and not more than twenty thousand dollars ($20,000) for second and subsequent convictions.


(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense, or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. Restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence; provided, that nothing contained in this section shall be construed to require the payment of restitution while the convicted person is imprisoned.


CREDIT(S)


P.L. 1987, ch. 87, § 1; P.L. 1988, ch. 543, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-2.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-2.4. Breaking and entering of dwelling house of a person who is severely impaired


(a) Every person who shall break and enter any dwelling house or apartment, without the consent of the owner or tenant at a time when a resident of the dwelling house or apartment who is a person who is severely impaired as defined by the provisions of § 11-5-11 is on the premises, shall be imprisoned for not less than five (5) years and not more than twenty-five (25) years and may in addition be fined not more than fifteen thousand dollars ($15,000) for a first conviction and not more than twenty thousand dollars ($20,000) for second and subsequent convictions.


(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense, or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. Restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence; provided, that nothing contained in this section shall be construed to require the payment of restitution while the convicted person is imprisoned.


CREDIT(S)


P.L. 1988, ch. 347, § 1; P.L. 1999, ch. 83, § 11;P.L. 1999, ch. 130, § 11; P.L. 2011, ch. 356, § 1, eff. July 13, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-3. Entry of building or ship with felonious intent


Every person who, with intent to commit murder, sexual assault, robbery, arson or larceny, shall enter any dwelling house or apartment at any time of the day or night, or who with such intent shall, during the daytime, enter any other building, or ship or vessel, shall be imprisoned not more than ten (10) years, or be fined not more than five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1922, ch. 2233, § 1; P.L. 1928, ch. 1209, § 1; P.L. 1978, ch. 288, § 1; P.L. 1980, ch. 50, § 1.


Codifications: G.L. 1896, ch. 279, § 9; G.L. 1909, ch. 345, § 9; G.L. 1923, ch. 397, § 9; G.L. 1938, ch. 608, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-4. Breaking and entering business place, public building, or ship with felonious intent


Every person who shall break and enter any bank, shop, office or warehouse, not adjoining to or occupied as a dwelling house, any meeting house, church, chapel, courthouse, town house, college, academy, schoolhouse, library or other building erected for public use or occupied for any public purpose, or any ship or vessel, with intent to commit murder, sexual assault, robbery or larceny, shall be imprisoned not exceeding ten (10) years.


CREDIT(S)


P.L. 1987, ch. 140, § 1; P.L. 1993, ch. 314, § 1.


Codifications: G.L. 1896, ch. 279, § 8; G.L. 1909, ch. 345, § 8; G.L. 1923, ch. 397, § 8; G.L. 1938, ch. 608, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-5. Breaking and entering other buildings with criminal intent--Railroad cars--Tractor trailers


Every person who shall break and enter or enter in the nighttime, with intent to commit larceny or any felony or misdemeanor in it, any barn, stable, carriage house, or other building, for the breaking and entering or entering of which with that intent no punishment is otherwise prescribed by this title, and every person who shall at any time break and enter or enter any railroad car or the trailer portion of a tractor trailer or break any lock or seal on it with intent to commit larceny or other crime, shall be imprisoned not exceeding ten (10) years.


CREDIT(S)


P.L. 1897, ch. 454, § 1; P.L. 1908, ch. 1568, § 1; P.L. 1922, ch. 2233, § 1; P.L. 1987, ch. 533, § 1.


Codifications: G.L. 1896, ch. 279, § 10; G.L. 1909, ch. 345, § 10; G.L. 1923, ch. 397, § 10; G.L. 1938, ch. 608, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-5.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-5.1. Unlawful breaking and entering of business place, public building or ship during the daytime


Every person who shall break and enter any bank, shop, office, or warehouse, not adjoining to or occupied as a dwelling house, any meeting house, church, chapel, courthouse, town house, college, academy, schoolhouse, library, or other building erected for public use or occupied for any purpose, or any ship or vessel during the daytime, shall be imprisoned not more than three (3) years, or fined not more than three hundred dollars ($300), or both.


CREDIT(S)


P.L. 1978, ch. 157, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-6. Entry to steal poultry--Arrest--Fine


Every person who breaks and enters, or enters in the nighttime without breaking, any building or enclosure in which are kept or confined any kind of poultry, with intent to steal any of the poultry, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five hundred dollars ($500), or both. Every person who is discovered in the act of willfully entering any building or enclosure in which are kept or confined any kind of poultry, with intent to steal any of the poultry, may be arrested without a warrant by a deputy sheriff, constable, guard, police officer, or other person and detained in jail or otherwise until a complaint can be made against him or her for the offense, and until he or she is taken on a warrant issued upon the complaint, but detention without a warrant shall not continue more than twenty-four (24) hours. One-half (   1/2 ) of any fine imposed under this section shall inure to the complainant.


CREDIT(S)


P.L. 1912, ch. 853, § 1; P.L. 1915, ch. 1258, § 11; P.L. 2012, ch. 324, § 30, eff. June 20, 2012.


Codifications: G.L. 1909, ch. 345, § 26; G.L. 1923, ch. 397, § 26; G.L. 1938, ch. 608, § 26.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-7. Making, repairing, or possessing burglar tools


Whoever makes or mends, or does any work connected with the making or reparation of, or has in his or her possession any engine, machine, tool, false key, pick lock, nippers, or implement of any kind adapted and designed for cutting through, forcing, breaking open, or entering a building, room, vault, safe, or other depository, in order to steal from it money or other property, or to commit any other crime, knowing the equipment to be adapted and designed for this purpose, with intent to use or employ, or allow the equipment to be used or employed, for this purpose, shall be imprisoned not more than ten (10) years.


CREDIT(S)


P.L. 1896, ch. 302, § 1.


Codifications: G.L. 1909, ch. 349, § 42; G.L. 1923, ch. 401, § 42; G.L. 1938, ch. 608, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-8. Injury or death--Defense


In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 - 11-8-6, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any offense enumerated in §§ 11-8-2--11-8-6.


CREDIT(S)


P.L. 1976, ch. 216, § 1; P.L. 1977, ch. 17, § 1; P.L. 1984, ch. 212, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-8-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 8. Burglary and Breaking and Entering

§ 11-8-9. Aiding and abetting a minor


(a) Every person eighteen (18) years of age or older who shall aid, assist, abet, counsel, hire, command, or procure a person under the age of eighteen (18) years to commit any offense as set forth in this chapter shall be imprisoned for not less than four (4) years and not more than twenty (20) years and/or fined not less than twenty-five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000), or both, for each such offense.


(b) Every person convicted pursuant to subsection (a) of this section shall be ordered by the sentencing judge to perform up to one hundred (100) hours of public community restitution work. The court may not waive the obligation to perform public community restitution work. Public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.


CREDIT(S)


P.L. 1985, ch. 482, § 1; P.L. 1989, ch. 541, § 1; P.L. 1990, ch. 464, § 1;P.L. 1991, ch. 226, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-1. Exploitation for commercial or immoral purposes


(a) Every person having the custody or control of any child under the age of sixteen (16) years who shall exhibit, use, or employ, or shall in any manner or under pretense sell, give away, let out or otherwise dispose of any child under the age of sixteen (16) years to any person for or in the vocation, occupation, service, or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical, or musical exhibition unless it is in connection with churches, school or private instruction in dancing or music, or unless it is under the auspices of a Rhode Island society incorporated, or organized without incorporation for a purpose authorized by § 7-6-4; or for or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of the child; or for or in the exhibition of any child with a disability, or in any illegal, obscene, indecent, or immoral purpose, exhibition, or vocation, injurious to the health or morals or dangerous to the life or limb of the child, or who shall cause, procure or encourage any child under the age of sixteen (16) years to engage in that activity, or who, after being notified by an officer mentioned in § 11-9-3 to restrain the child from engaging in that activity, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year, or be fined not exceeding two hundred fifty dollars ($250), or both, and shall forfeit any right which he or she may have to the custody of the child; provided, that the provisions of this section shall not apply to any child, not a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state and is accompanied by a parent, guardian, or tutor, when a permit for the appearance of the child is granted by the mayor of the city or the president of the town council of the town, where the performance is to be given; provided, further, that the provisions of this section shall not apply to any child, a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state on a day when the public schools are not in session in the town or city where the dancing, theatrical or musical performance shall be given (not however on Sunday) if the child is accompanied by a parent, guardian or tutor, when a permit for the appearance of the child is granted by the mayor of the city or the president of the town council of the town where the performance is to be given.


(b) Any person who shall in any manner or under any pretense sell, distribute, let out or otherwise permit any child under eighteen (18) years of age to be used in any book, magazine, pamphlet, or other publication, or in any motion picture film, photograph or pictorial representation, in a setting which taken as a whole suggests to the average person that the child has engaged in, or is about to engage in any sexual act, which shall include, but not be limited to, sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, upon conviction for the first offense be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both; upon conviction of a subsequent offense, be punished by imprisonment for not more than fifteen (15) years, a fine of not more than fifteen thousand dollars ($15,000), or both.


(c) Every person who shall exhibit, use, employ or shall in any manner or under pretense so exhibit, use, or employ any child under the age of eighteen (18) years to any person for the purpose of prostitution or for any other lewd or indecent act shall be imprisoned not exceeding twenty (20) years, or be fined not exceeding twenty thousand dollars ($20,000), or both.


CREDIT(S)


P.L. 1897, ch. 475, § 1; P.L. 1926, ch. 845, § 1; P.L. 1931, ch. 1756, § 1; P.L. 1977, ch. 131, § 1; P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 1; P.L. 1984, ch. 380, § 3; P.L. 1984, ch. 444, § 1; P.L. 1999, ch. 83, § 12;P.L. 1999, ch. 130, § 12.


Codifications: G.L. 1896, ch. 115, § 4; G.L. 1909, ch. 139, § 4; G.L. 1923, ch. 142, § 4; G.L. 1938, ch. 425, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-1.1. Child nudity prohibited in publications


Every person, firm, association, or corporation which shall publish, sell, offer for sale, loan, give away, or otherwise distribute any book, magazine, pamphlet, or other publication, or any photograph, picture, or film which depicts any child, or children, under the age of eighteen (18) years and known to be under the age of eighteen (18) years of age by the person, firm, association, or corporation in a setting which taken as a whole suggests to the average person that the child, or children, is about to engage in or has engaged in, any sexual act, or which depicts any child under eighteen (18) years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, for the first offense, be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both; for any subsequent offense, by imprisonment for not more than fifteen (15) years, or by a fine of not more than fifteen thousand dollars ($15,000), or both. Provided, that artistic drawings, sketches, paintings, sculptures, or other artistic renditions, shall be exempt from the provisions of this section.


CREDIT(S)


P.L. 1977, ch. 131, § 2; P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-1.2. Rebuttable presumption of minority upon testimony of physician


Whenever any person, firm, association or corporation is charged with a violation of the provisions of this chapter, testimony by a physician, duly authorized pursuant to the provisions of § 5-37-2, that based upon the physician's examination of the book, magazine, pamphlet, or other publication, or photograph, picture, or film which allegedly depicts any child or children under the age of eighteen (18) years, the physician is of the opinion, based upon a reasonable medical certainty, that any person depicted in it is under the age of eighteen (18) years, then there shall be created a rebuttable presumption of that fact.


CREDIT(S)


P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-1.3. Child pornography prohibited


(a) Violations. It is a violation of this section for any person to:


(1) Knowingly produce any child pornography;


(2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography;


(3) Knowingly reproduce any child pornography by any means, including the computer; or


(4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography.


(b) Penalties.


(1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both.


(2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.


(c) Definitions. For purposes of this section:


(1) “Child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:


(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;


(ii) Such visual depiction is a digital image, computer image, or computer-generated image of a minor engaging in sexually explicit conduct; or


(iii) Such visual depiction has been created, adapted, or modified to display an identifiable minor engaging in sexually explicit conduct.


(2) “Computer” has the meaning given to that term in section 11-52-1;


(3) “Minor” means any person not having reached eighteen (18) years of age;


(4) “Identifiable minor.”


(i) Means a person:


(A)(I) Who was a minor at the time the visual depiction was created, adapted, or modified; or


(II) Whose image as a minor was used in creating, adapting, or modifying the visual depiction; and


(ii) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and


(B) Shall not be construed to require proof of the actual identity of the identifiable minor.


(5) “Producing” means producing, directing, manufacturing, issuing, publishing or advertising;


(6) “Sexually explicit conduct” means actual:


(i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;


(ii) Bestiality;


(iii) Masturbation;


(iv) Sadistic or masochistic abuse; or


(v) Graphic or lascivious exhibition of the genitals or pubic area of any person;


(7) “Visual depiction” includes undeveloped film and videotape and data stored on a computer disk or by electronic means, which is capable of conversion into a visual image;


(8) “Graphic,” when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.


(d) Affirmative defenses.


(1) It shall be an affirmative defense to a charge of violating subdivision (a)(1), (a)(2), or (a)(3) of this section that:


(i) The alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and


(ii) Each such person was an adult at the time the material was produced; and


(iii) The defendant did not advertise, promote, present, describe or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.


(2) It shall be an affirmative defense to a charge of violating subdivision (a)(4) of this section that the defendant:


(i) Possessed less than three (3) images of child pornography; and


(ii) Promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy of it:


(A) Took reasonable steps to destroy each such image; or


(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.


(e) Severability. If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.


CREDIT(S)


P.L. 2001, ch. 143, § 1;P.L. 2004, ch. 586, § 2;P.L. 2004, ch. 612, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-1.4. Minor electronically disseminating indecent material to another person--“Sexting” prohibited


(a) Definitions as used in this section:


(1) “Minor” means any person not having reached eighteen (18) years of age;


(2) “Computer” has the meaning given to that term in § 11-52-1;


(3) “Telecommunication device” means an analog or digital electronic device which processes data, telephony, video, or sound transmission as part of any system involved in the sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;


(4) “Indecent visual depiction” means any digital image or digital video of the minor engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image;


(5) “Sexually explicit conduct” means actual masturbation or graphic focus on or lascivious exhibition of the nude genitals or pubic area of the minor.


(b) No minor shall knowingly and voluntarily and without threat or coercion use a computer or telecommunication device to transmit an indecent visual depiction of himself or herself to another person.


(c) A violation of this section shall be a status offense and referred to the family court.


(d) Any minor adjudicated under subsection (b) shall not be charged under § 11-9-1.3 and, further, shall not be subject to sex offender registration requirements set forth in § 11-37.1-1 et seq., entitled “Sexual Offender Registration and Community Notification Act.”


CREDIT(S)


P.L. 2011, ch. 270, § 1, eff. July 12, 2011; P.L. 2011, ch. 295, § 1, eff. July 12, 2011; P.L. 2012, ch. 415, § 1, eff. June 22, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-2. Employment of children for unlawful purposes


Every person who shall take, receive, hire, employ, exhibit, or have in custody, or who shall cause to be taken, hired, employed, exhibited, or held in custody, any child under the age of sixteen (16) years, for any of the purposes prohibited in § 11-9-1, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in that section.


CREDIT(S)


P.L. 1897, ch. 475, § 2; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1896, ch. 15, § 5; G.L. 1909, ch. 139, § 5; G.L. 1923, ch. 142, § 5; G.L. 1938, ch. 425, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-3. Seizure and custody of exploited child--Proceedings as against neglected child


The town sergeant of any town, the chief of police of any city, or any agent of the director of children, youth and families may enter any place where any child may be held, detained, or employed in violation of §§ 11-9-1--11-9-8, and without process of law, seize and detain the child and hold him or her as a witness to testify upon the trial of any person charged with violating the provisions of §§ 11-9-1--11-9-8; and, if prior to or upon conviction of the offender no person shall appear who is entitled to custody of the child, the officer having the child in custody may bring proceedings against the child as a neglected child under the provisions of chapter 1 of title 14.


CREDIT(S)


P.L. 1897, ch. 475, § 3; P.L. 1926, ch. 844, § 1; P.L. 1950, ch. 2416, § 3; P.L. 1969, ch. 242, § 1.


Codifications: G.L. 1896, ch. 115, § 6; G.L. 1909, ch. 139, § 6; G.L. 1923, ch. 142, § 6; G.L. 1938, ch. 425, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-4. Contributing to delinquency


Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to violate any law of this state, or the ordinances of any town or city in this state, or who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to be guilty of any vicious or immoral conduct, or who, being the parent, parents, legal guardian, or person having the custody or the control of any such child, permits or suffers the child to habitually associate with vicious, immoral, or criminal persons, or to grow up in ignorance, idleness, or crime, or to wander about the streets of any city or town in the nighttime without being in any lawful business or occupation, or to enter any house of ill fame, policy shop, or place where any gambling is carried on or gaming device is operated, or to enter any place where intoxicating liquors are sold, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.


CREDIT(S)


P.L. 1908, ch. 1544, § 1; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1909, ch. 139, § 9; G.L. 1923, ch. 142, § 9; G.L. 1938, ch. 425, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-5. Cruelty to or neglect of child


(a) Every person having the custody or control of any child under the age of eighteen (18) years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing, proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton, or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse to pay the reasonable charges for the support of that child, whenever the child shall be placed by him or her in the custody of, or be assigned by any court to, any individual, association, or corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less than one year nor more than three (3) years, or be fined not exceeding one thousand dollars ($1,000), or both, and the child may be proceeded against as a neglected child under the provisions of chapter 1 of title 14.


(b) In addition to any penalty provided in this section, any person convicted or placed on probation for this offense may be required to receive psychosociological counseling in child growth, care and development as a part of that sentence or probation. For purposes of this section, and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered an abusive or negligent parent or guardian; provided, the provisions of this section shall not: (1) exempt a parent or guardian from having committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above; (2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where his or her health requires it.


CREDIT(S)


P.L. 1910, ch. 550, § 1; P.L. 1922, ch. 2214, § 1; P.L. 1926, ch. 844, § 1; P.L. 1977, ch. 128, § 1; P.L. 1979, ch. 129, § 1; P.L. 1996, ch. 155, § 1;P.L. 1998, ch. 439, § 1;P.L. 2004, ch. 270, § 2;P.L. 2004, ch. 599, § 2.


Codifications: G.L. 1909, ch. 139, § 10; G.L. 1923, ch. 142, § 10; G.L. 1938, ch. 425, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-5.1. Investigation upon report of cruelty or neglect


In order to protect a child from cruelty or neglect, where any person has reasonable cause to believe that any child is being neglected or cruelly treated as defined in § 14-1-3 and reports such incident to the department of children, youth, and families, the department must cause an immediate investigation.


CREDIT(S)


P.L. 1975, ch. 199, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-5.2. Immunity from liability


Any person participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from a report.


CREDIT(S)


P.L. 1975, ch. 199, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-5.3. Child abuse--Brendan's Law


(a) This section shall be known and may be referred to as “Brendan's Law”.


(b) Whenever a person having care of a child, as defined by § 40-11-2(2), whether assumed voluntarily or because of a legal obligation, including any instance where a child has been placed by his or her parents, caretaker, or licensed or governmental child placement agency for care or treatment, knowingly or intentionally:


(1) Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse.


(2) Inflicts upon a child any other physical injury, shall be guilty of second degree child abuse.


(c) For the purposes of this section, “serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily parts, member or organ, including any fractures of any bones;


(3) Causes serious disfigurement; or


(4) Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages as signs of “shaken baby syndrome” and/or “abusive head trauma.”


(d) For the purpose of this section, “other physical injury” is defined as any injury, other than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal punishment.


(e) Any person who commits first degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars ($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not more than ten (10) years, nor less than five (5) years and fined not more than five thousand dollars ($5,000).


(f) Any person who commits first degree child abuse on a child age five (5) or under shall not on the first ten (10) years of his or her sentence be afforded the benefit of suspension or deferment of sentence nor of probation for penalties provided in this section; and provided further, that the court shall order the defendant to serve a minimum of eight and one-half (8    1/2 ) years or more of the sentence before he or she becomes eligible for parole.


(g) Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits first degree child abuse shall be imprisoned for not more than forty (40) years, nor less than twenty (20) years and fined not more than twenty thousand ($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits second degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars.


CREDIT(S)


P.L. 1995, ch. 211, § 1;P.L. 1996, ch. 130, § 1;P.L. 1996, ch. 134, § 1;P.L. 1997, ch. 139, § 1;P.L. 2001, ch. 109, § 1; P.L. 2011, ch. 271, § 1, eff. July 12, 2011; P.L. 2011, ch. 318, § 1, eff. July 12, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-6. Proceedings against parents of delinquent children unaffected


No proceedings instituted under any of the provisions of §§ 11-9-1--11-9-8 shall in any manner affect or be affected by any proceedings which may be instituted under any of the provisions of chapter 9 of title 15.


CREDIT(S)


P.L. 1910, ch. 550, § 1; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1909, ch. 139, § 11; G.L. 1923, ch. 142, § 11; G.L. 1938, ch. 425, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-7. Children's Friend and Service excused from costs


Whenever any agent of the Children's Friend and Service shall make complaint against any person for any of the offenses mentioned in §§ 11-9-1 - 11-9-8, the agent shall not be required to enter into any recognizance for costs. All costs and expenses attending the making of any complaint by any agent of the service and the proceedings on it under the provisions of §§ 11-9-1 - 11-9-8, or under the provisions of chapter 1 of title 14, shall be paid by the state.


CREDIT(S)


P.L. 1897, ch. 475, § 4; P.L. 1908, ch. 1540, § 4; P.L. 1926, ch. 844, § 1; P.L. 1950, ch. 2416, § 3.


Codifications: G.L. 1896, ch. 115, § 7; G.L. 1909, ch. 139, § 7; G.L. 1923, ch. 142, § 7; G.L. 1938, ch. 425, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-8. Appropriations for prevention of cruelty to children


The general assembly shall annually appropriate any sum that it may deem necessary, out of any money in the treasury not otherwise appropriated, to be expended by the department of children, youth and families for the purpose of preventing cruelty to children, and the department may, in its discretion, pay the sum to the Children's Friend and Service for that purpose, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be required upon receipt by the state controller of proper vouchers approved by the director of the department.


CREDIT(S)


P.L. 1923, ch. 431, § 2; P.L. 1926, ch. 844, § 1; P.L. 1929, ch. 1374, § 4; P.L. 1939, ch. 660, §§ 65, 80; P.L. 1950, ch. 2416, § 3.


Codifications: G.L. 1896, ch. 115, § 8; G.L. 1909, ch. 139, § 8; G.L. 1923, ch. 142, § 8; G.L. 1938, ch. 425, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-9. Powers of family court


Where in §§ 11-9-1 -- 11-9-8 any authority is vested in any court, the authority vested in the court or courts mentioned is transferred to the family court. The family court shall have exclusive original jurisdiction over any and all complaints and offenses set forth in §§ 11-9-1 -- 11-9-8, 11-9-12, 11-9-14, and 11-9-15, and shall have the authority to impose sentence as set forth in chapter 1 of title 14. Notwithstanding the provisions of this section, jurisdiction for violations of §§ 11-9-1, 11-9-1.1, 11-9-1.2, 11-9-1.3, 11-9-5.3 shall be vested in the superior court.


CREDIT(S)


P.L. 1944, ch. 1441, § 36; P.L. 1961, ch. 73, § 4; P.L. 2004, ch. 586, § 2;P.L. 2004, ch. 612, § 2; P.L. 2006, ch. 260, § 1, eff. July 3, 2006; P.L. 2006, ch. 290, § 1, eff. July 3, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-10. Abandonment of refrigerator in place accessible to children


Whoever, having been the owner of any refrigerator, icebox, chest, or other similar article, abandons that refrigerator, icebox, chest, or other similar article in any place accessible to children if the abandoned unit has an attached lid or door which cannot be opened easily from the inside, and who fails to remove the door or doors from it before abandoning the unit, unless the unit may be easily opened from the inside, shall upon conviction be punished by a fine of not more than one hundred dollars ($100).


CREDIT(S)


P.L. 1955, ch. 3523, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-11. Designation of curfew streets


The police commissioners of any city or town having a police commission, and the chief of police of any other city or town, may designate certain streets in the city or town as curfew streets. No minor under sixteen (16) years of age shall be allowed to loiter on any curfew street after 9 o'clock (9:00) p.m., unless accompanied by some adult person.


CREDIT(S)


P.L. 1911, ch. 718, § 1.


Codifications: G.L. 1923, ch. 399, § 43; G.L. 1938, ch. 610, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-12. Penalty for loitering on curfew street


Any minor under sixteen (16) years of age, not accompanied by an adult person, who shall loiter on any curfew street after being directed by any police constable to cease loitering, shall be fined not exceeding five dollars ($5.00).


CREDIT(S)


P.L. 1911, ch. 718, § 2.


Codifications: G.L. 1923, ch. 399, § 44; G.L. 1938, ch. 610, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen--Posting notice of law


No person under eighteen (18) years of age shall purchase, nor shall any person sell, give or deliver to any person under eighteen (18) years of age, any tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as “blunts”, unflavored “blunts”, flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos, and tiparillos, pipe tobacco, chewing tobacco, or snuff. Any person, firm, or corporation that owns, manages, or operates a place of business in which tobacco products are sold, including sales through cigarette vending machines, shall post notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (   3/8 ”) high.


CREDIT(S)


P.L. 1987, ch. 84, § 1; P.L. 1988, ch. 159, § 1; P.L. 1996, ch. 321, § 2; P.L. 2001, ch. 124, § 1; P.L. 2001, ch. 149, § 1; P.L. 2011, ch. 88, § 1, eff. June 21, 2011; P.L. 2011, ch. 98, § 1, eff. June 21, 2011.


Codifications: G.L. 1896, ch. 281, § 28; G.L. 1909, ch. 347, § 29; G.L. 1923, ch. 399, § 28; G.L. 1938, ch. 610, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.1. Cigarette and tobacco vending machines


(a) No cigarettes nor any other tobacco product shall be sold from any device or vending machine which is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located, nor shall any tobacco product be sold from any device or vending machine which is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device which will not allow the device or vending machine to dispense a pack of cigarettes, or any other tobacco product, unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located. “Direct line of sight” means that the vending machine and the purchaser of cigarettes must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required in an establishment licensed to sell alcoholic beverages which limits access to persons over the age of twenty-one (21) years.


(b) No cigarettes nor any other tobacco product shall be sold from any device or vending machine from which non-tobacco products are sold.


(c) No cigarettes shall be sold in packs which contain less than twenty (20) cigarettes.


(d) Any person, firm, or corporation who owns a business occupying the premises in which a device or vending machine which dispenses cigarettes or any other tobacco product is located who shall violate any of the provisions of subsections (a) and (b) of this section shall for the first offense be subject to a fine of seventy-five dollars ($75.00), for the second offense, be subject to a fine of one hundred fifty dollars ($150), and for the third and any subsequent offense, be subject to a fine of five hundred dollars ($500); provided, that in the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.


(e) Any person, firm or corporation who shall violate subsection (c) of this section shall for the first offense be subject to a fine of seventy-five dollars ($75.00), for the second offense, be subject to a fine of one hundred fifty dollars ($150), and for the third and any subsequent offense, be subject to a fine of five hundred dollars ($500); provided, that in the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.


(f) One-half (   1/2 ) of all the fines collected pursuant to this section shall be transferred to the municipalities in which the citations originated. One-half (   1/2 ) of all the fines collected pursuant to this section shall be transferred to the general fund.


(g) Severability. If any provision of this section or the application of it to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.


CREDIT(S)


P.L. 1995, ch. 77, § 1;P.L. 2001, ch. 120, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.2. Short title


Sections 11-9-13.2--11-9-13.19 shall be cited as “An Act to Stop the Illegal Sale of Tobacco Products to Children”.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.3. Legislative intent--Purpose


(a) The use of tobacco by Rhode Island children is a health and substance abuse problem of the utmost severity. The legislature finds that tobacco product usage by children in Rhode Island is rampant and increasing with over thirty percent (30%) of high school students smoking. The present law prohibiting the sale of tobacco to children is being ignored by many retailers. Rhode Island tobacco retailers illegally sell four million eight hundred thousand (4,800,000) packs, over eleven million dollars ($11,000,000) in tobacco product sales, to children annually. Tobacco industry advertising targets children as the replacement smokers for the one thousand one hundred forty-five (1,145) adults who die daily from tobacco product usage. Approximately seventy percent (70%) of the Rhode Island high school seniors who are smoking today will be the addicted adult smokers of tomorrow. According to the federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical costs in Rhode Island in 1990 climbed to one hundred eighty-six million dollars ($186,000,000). This is an ongoing, escalating financial burden borne by every business, large and small, and every person, smoker and nonsmoker, in Rhode Island. This is a health and economic drain created by each new generation of children who begin using tobacco products and become addicted to nicotine. It is the intent of this legislation to preserve and protect the health of children by: (1) stopping the illegal sale of tobacco to children, and (2) by severely punishing those who disregard the laws relating to the illegal sale of tobacco products to children.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.4. Definitions


As used in this chapter:


(1) “Bidi cigarette” means any product that (i) contains tobacco that is wrapped in temburni or tender leaf or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tender leaf and (ii) does not contain a smoke filtering device.


(2) “Court” means any appropriate district court of the state of Rhode Island.


(3) “Dealer” is synonymous with the term “retail tobacco products dealer”.


(4) “Department of mental health, retardation and hospitals” means the state of Rhode Island mental health, retardation and hospitals department, its employees, agents or assigns.


(5) “Department of taxation” means the state of Rhode Island taxation division, its employees, agents, or assigns.


(6) “License” is synonymous with the term “retail tobacco products dealer license.”


(7) “License holder” is synonymous with the term “retail tobacco products dealer.”


(8) “Person” means any individual person, firm, association, or corporation licensed as a retail dealer to sell tobacco products within the state.


(9) “Retail tobacco products dealer” means the holder of a license to sell tobacco products at retail.


(10) “Retail tobacco products dealer license” means a license to sell tobacco products at retail as issued by the department of taxation.


(11) “Spitting tobacco” also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco or smokeless tobacco.


(12) “Tobacco product(s)” means any product containing tobacco, including bidi cigarettes, as defined in subdivision (1) of this section, which can be used for, but whose use is not limited to, smoking, sniffing, chewing or spitting of the product.


(13) “Underage individual” or “underage individuals” means any child under the age of eighteen (18) years of age.


(14) “Little cigars” means and includes any roll, made wholly or in part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three (3) pounds per thousand (1,000).


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 124, § 1;P.L. 2001, ch. 149, § 1;P.L. 2001, ch. 391, § 1; P.L. 2008, ch. 104, § 3, eff. June 27, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.5. Responsibility for tobacco or health issues


The Rhode Island department of mental health, retardation and hospitals shall develop, monitor, and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products to children.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.6. Duties of the department of mental health, retardation and hospitals


The department of mental health, retardation and hospitals shall:


(1) Coordinate and promote the enforcement of the provisions of this chapter and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping children's access to tobacco.


(2) Provide retail tobacco products dealers signs concerning the prohibition of sales to children under eighteen (18) years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco products are sold.


(3) Investigate concurrently with other state and local officials violations of this chapter.


(4)(i) Utilize unannounced statewide compliance checks of tobacco product sales including retail tobacco over-the-counter sales, mail order sales initiated via mail, facsimile, telephone or internet ordering or other types of electronic communications, and tobacco vending machine sales as part of investigating compliance with the provisions of this chapter. Underage individuals, acting as agents for the department of mental health, retardation and hospitals and with the written permission of a parent or guardian, may purchase, with impunity from prosecution, tobacco products for the purposes of law enforcement or government research involving monitoring compliance with this chapter, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales, must state his or her accurate age if asked by the sales representative of the retail establishment being checked.


(ii) In fulfilling the requirement of unannounced statewide compliance checks, the department of mental health, retardation and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check, the name and address of the retail establishment checked or the mail order company, the results of the compliance check (sale/no sale), whether the sale was made as an over-the-counter sale, a mail order purchase or a tobacco vending machine sale, and if a citation was issued for any violation found. The records shall be subject to public disclosure. Further, the department of mental health, retardation and hospitals shall report to the owner of each retail establishment checked or mail order company, the results of any compliance check (sale/no sale) whether the sale was made as an over-the-counter sale, a mail order purchase or a tobacco vending machine sale, and if a citation was issued for any violation found.


(5) Seek enforcement, concurrently with other state and local officials, of the penalties as detailed in this chapter.


(6) Develop and disseminate community health education information and materials relating to this chapter.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 210, § 1;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.7. Signs concerning sales to individuals under age eighteen (18)


Signs provided by the department of mental health, retardation and hospitals, or an exact duplicate of it made privately, shall:


(1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white background the following wording:


THE SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS AGAINST RHODE ISLAND LAW (Section 11-9-13.8(1), Rhode Island Statutes) PHOTO ID FOR PROOF OF AGE IS REQUIRED FOR PURCHASE.


(2) Contain the phone number at the department of mental health, retardation and hospitals, where violations of §§ 11-9-13.2 - 11-9-13.19 can be reported, in addition to any other information required by the department of mental health, retardation and hospitals.


(3) Be displayed prominently for public view at each cash register, each tobacco vending machine, or any other place from which tobacco products are sold.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 391, § 1.


Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.8. Prohibitions applicable to license holders and their employees and agents


A person that holds a license issued under chapter 20 of title 44, or an employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco product:


(1) To any individual that is under eighteen (18) years of age; or


(2) In any form other than an original factory-wrapped package; or


(3) As a single cigarette sale (§ 44-20-31), or as a sale of cigarettes by the individual piece, known as “loosies.”


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.9. Multiple citations prohibited


No person shall be liable under this chapter for more than one citation on any one day. However, a single citation may list one or more violations of this chapter.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.10. Prohibition on the distribution of free tobacco products


The distribution of free tobacco products or coupons or vouchers redeemable for free tobacco products to any person under eighteen (18) years of age shall be prohibited. Further, the distribution of free tobacco products or coupons or vouchers redeemable for free tobacco products shall be prohibited, regardless of the age of the person to whom the products, coupons, or vouchers are distributed, within five hundred (500) feet of any school. The attorney general shall bring an action for any violation of this section. Every separate free tobacco product or coupon or voucher redeemable for a free tobacco product in violation of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be assessed against the business or individual responsible for initiating the Rhode Island distribution of the free tobacco products or coupons or vouchers redeemable for free tobacco products.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.11. Prohibition on the sale or distribution of tobacco products through the mail conveyance of tobacco products through the mail to children under eighteen (18)--Proof of age of purchaser required--General rule


(a) The distribution, or sale or conveyance of tobacco products to children under the age of eighteen (18) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.


(b) Any person selling or distributing tobacco products in the form of cigars, pipe tobacco, chewing tobacco, or snuff directly to a consumer via the United States Postal Service, or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age eighteen (18) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the tobacco product to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or requires a signature of an adult at the purchaser's address to deliver the package.


(c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product to a child under eighteen (18) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product to a child under eighteen (18) years of age.


(d) For the purpose of this section, “distribution,” “distributing,” “selling” and “sale” do not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's contents.


(e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein, but shall not apply to any delivery sale of cigarettes.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 210, § 1;P.L. 2005, ch. 346, § 1;P.L. 2005, ch. 392, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.12. Enforcement and penalties--Citation for violation


(a) Any local or state of Rhode Island police department or the attorney general, their officers or agents, shall issue a citation for any violation of the requirements or prohibitions of this chapter.


(b) The license holder receiving the citation may elect to plead guilty to the violation(s) and pay the fine(s) through the mail within ten (10) days, or appear in court to answer to the citation.


(c) All recipients of third and subsequent citations within any thirty-six (36) month period shall appear in court for a hearing on the citation.


(d) The failure of a license holder to either pay the citation through the mail within ten (10) days, where permitted under this section, or to appear in court on the date specified shall be cause for the court to hold the license holder in contempt of court with the penalty assessed a suspension of license for six (6) months and a five hundred dollar ($500) fine.


(e) The court shall impose court costs and any other court fee(s) on anyone convicted in court of a violation of this section.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.13. Nature and size of penalties


(a) Any person or individual that violates a requirement of § 11-9-13.6(2), display of specific signage, shall be subject to a fine in court of not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) per civil violation.


(b) The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder that violates the prohibition of § 11-9-13.8(1) and/or (2) shall be subject to civil fines as follows:


(1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six (36) month period;


(2) A fine of five hundred dollars ($500) for the second violation within any thirty-six (36) month period;


(3) A fine of one thousand dollars ($1,000) and a fourteen (14) day suspension of the license to sell tobacco products for the third violation within any thirty-six (36) month period;


(4) A fine of one thousand five hundred dollars ($1,500) and a ninety (90) day suspension of the license to sell tobacco products for each violation in excess of three (3).


(c) Any person that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred dollars ($500) for each violation.


(d) The department of taxation shall not issue a license to any individual, business, firm, association, or corporation the license of which has been revoked or suspended, to any corporation an officer of which has had his or her license revoked or suspended, or to any individual who is or has been an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.


(e) The court shall suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco to minors and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. No person shall sell tobacco products, at retail, without first being trained in the legal sale of tobacco products. Training shall teach employees what constitutes a tobacco product, legal age of purchase, acceptable identification, how to refuse a direct sale to a minor or secondary sale to an adult, and all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the provisions of this section were reviewed with all employees who conduct or will conduct tobacco sales. Each employee who sells or will sell tobacco products shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him/her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment. The measures to prevent the sale of tobacco to minors shall be defined by the department of mental health, retardation and hospitals in rules and regulations.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 103, § 1;P.L. 2000, ch. 366, § 1;P.L. 2001, ch. 391, § 1;P.L. 2005, ch. 336, § 1;P.L. 2005, ch. 386, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.14. Notification to the Department of Taxation of fines imposed


The court shall maintain records of any penalty, fine or suspension imposed under this chapter and notify within sixty (60) days the tax administrator of the penalty, fine or suspension imposed.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.15. Penalty for operating without a dealer license


(a) Any individual or business who violates this chapter by selling or conveying a tobacco product without a retail tobacco products dealer license shall be cited for that violation and shall be required to appear in court for a hearing on the citation.


(b) Any individual or business cited for a violation under this section of this chapter shall:


(1) Either post a five hundred dollar ($500) bond with the court within ten (10) days of the citation; or


(2) Sign and accept the citation indicating a promise to appear in court.


(c) An individual or business who has accepted the citation may:


(1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days after receiving the citation; or


(2) If that individual or business has posted a bond, forfeit the bond by not appearing at the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation and to have waived the right to a hearing on the issue of commission on the violation.


(d) The court after a hearing on a citation shall make a determination as to whether a violation has been committed. If it is established that the violation did occur, the court shall impose a five hundred dollar ($500) fine, in addition to any court costs or other court fees.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.16. Rules and regulations


The department of mental health, retardation and hospitals shall promulgate the rules and regulations necessary to fulfill the intent of sections 11-9-13.2--11-9-13.19.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 109, § 5;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.17. Fines collected


(a) One-half (   1/2 ) of all the fines collected pursuant to §§ 11-9-13.2--11-9-13-19 shall be transferred to the municipalities in which the citation originated.


(b) One-half (   1/2 ) of all the fines collected pursuant to §§11-9-13.2--11-9-13.19 shall be transferred to the general fund.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.18. Prohibition on the sale or distribution of certain excise tax stamps


The division of taxation shall not sell or distribute cigarette excise tax stamps, or permit the use of a metering machine as described in § 44-20-20 for any cigarette product packaged with less than twenty (20) cigarettes per package. The sale or distribution of cigarettes in packages of less than twenty (20) is prohibited.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-13.19. Severability


If any provision of this chapter or the application of it to any individual or circumstances is held invalid in a court test, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-14. Use of tobacco by minors


No person under eighteen (18) years of age shall smoke or chew or possess when such possession is clearly visible tobacco in any public street, place or resort, any tobacco in any form whatsoever. Any person under eighteen (18) years of age violating the provisions of this section shall be required to perform up to thirty (30) hours of community service or shall be required to enter into a tobacco treatment program approved by any local substance abuse prevention task force, at the option of a minor charged with a violation of this section.


CREDIT(S)


P.L. 2001, ch. 124, § 1;P.L. 2001, ch. 148, § 1;P.L. 2001, ch. 149, § 1;P.L. 2005, ch. 251, § 1; P.L. 2007, ch. 426, § 1, eff. July 7, 2007.


Codifications: G.L. 1896, ch. 281, § 29; G.L. 1909, ch. 347, § 30; G.L. 1923, ch. 399, § 29; G.L. 1938, ch. 610, § 29.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-15. Tattooing of minors


Every person who shall tattoo any minor under the age of eighteen (18) shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not exceeding one year or be fined not exceeding three hundred dollars ($300). For purposes of this section, “tattooing” means the practice of marking the skin with indelible patterns or pictures by making punctures and inserting pigments. Nothing in this section shall be construed as prohibiting the removal of tattoo markings from the body of any person of whatsoever age.


CREDIT(S)


P.L. 1932, ch. 1922, § 1; P.L. 1956, ch. 3713, § 1.


Codifications: G.L. 1923, ch. 399, § 45; G.L. 1938, ch. 610, § 45.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-16. Plastic bags--Labeling


(a) “Plastic bag” means a polyethylene bag, other than one used for food products that weighing not more than five pounds, intended for household use or for packaging articles intended for household use, which is larger than 5 inches (5") in diameter at the opened end, and is made of thin film less than 1 mil (0.001 inch) in thickness (according to standards established under the commodity standards division of the United States department of commerce).


(b) No person shall package, deliver, or sell any article for use in or around the household in a plastic bag, or shall sell or distribute any plastic bag for use in or around the household, unless the bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording:


“Keep from children--may cause suffocation”


“WARNING: Keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing.”


(c) The warning shall be printed on, attached to, or accompany each bag; provided, that it shall be permissible to print the warning on the outside wrapper of packages of bags intended only for home processing use, such as freezer bags and garbage disposal bags, in lieu of on each individual bag. The warning shall be conspicuously displayed in bold face type, in accordance with the following table:


Total of the length and width of the bag, combined:


 

60 inches or more

24 points

 

40 inches, but less than 60 inches

18 points

 

30 inches, but less than 40 inches

14 points

 

Less than 30 inches

10 points

(d) Any person who shall violate the provisions of this section shall upon conviction be fined not exceeding one hundred dollars ($100).


CREDIT(S)


P.L. 1959, ch. 82, § 1; P.L. 1960, ch. 171, § 1.


Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-17. Sterilization


Every person who performs or aids and abets in the performance of a sterilization procedure on any person under the age of eighteen (18), unless the sterilization is incidental to, or is rendered necessary or unavoidable by, some other medical treatment or procedure required to preserve the life or health of that person, shall be guilty of a felony punishable by up to five (5) years imprisonment and a fine of up to five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1974, ch. 187, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-18. Care of babies born alive during attempted abortions


Any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care and treatment to an infant born alive in the course of an abortion shall be guilty of a felony and upon conviction shall be fined not exceeding five thousand dollars ($5,000), or imprisoned not exceeding five (5) years, or both. Any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care and treatment to an infant born alive in the course of an abortion, and, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter.


CREDIT(S)


P.L. 1981, ch. 280, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-19. Sale of spray paint to minors


(a) No person shall knowingly sell to any child under eighteen (18) years of age any aerosol container of paint capable of defacing property.


(b) For purposes of this section, bona fide evidence of majority, identity of majority and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency of them, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, 50 App. U.S.C. § 451 et seq., or an identification card issued to a member of the armed forces.


(c) Proof that the defendant, or his employee or agent, demanded, was shown and acted in reliance upon bona fide evidence in any sale transaction forbidden by subsection (a) of this section, shall be a defense to any criminal prosecution for that violation.


(d) Any person who owns, manages or operates a place of business where aerosol containers of paint capable of defacing property are sold shall conspicuously post notice of this law in the place of business in letters at least three-eighths of an inch (3/8") high.


(e) Any person violating the provisions of this section shall be fined not more than one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1981, ch. 394, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-19.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-19.1. Possession of spray paint by a minor


(a) No person under the age of eighteen (18) years shall have in his or her possession or under his or her control any aerosol container of spray paint. Any person violating the provisions of this section shall be subject to a requirement of up to fifty (50) hours of community restitution work.


(b) Subsection (a) of this section shall not apply to possession or use of aerosol spray paint containers on property owned or rented by the minor or his or her parent(s) or guardian(s).


CREDIT(S)


P.L. 1993, ch. 361, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-20. Sale of matches


(a) No person, firm or corporation that owns, manages or operates a place of business including vending machines shall knowingly sell, give or deliver matches to any child under the age of twelve (12) years. The owner, operator or manager of a place of business where matches are sold shall post a notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (   3/8 ") high. Signs required by this section may be provided, at cost, by the department of health.


(b) Any person violating the provisions of this section shall be fined one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1988, ch. 159, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9. Children

§ 11-9-21. Prohibition of sale of certain dietary supplements to minors


(a) It shall be a misdemeanor for any manufacturer, wholesaler, retailer, or other person, to sell, transfer, or otherwise furnish any of the following to a person under 18 years of age:


(1) A dietary supplement containing an ephedrine group alkaloid.


(2) A dietary supplement containing any of the following:


(A) Androstanedoil.


(B) Androstanedione.


(C) Androstenedione.


(D) Noradrostenediol.


(E) Norandrostenedione.


(F) Dehydroepiandrosterone.


(b) The seller shall request valid identification from any individual who attempts to purchase a dietary supplement set forth in subsection (a) if that individual reasonably appears to the seller to be under 18 years of age.


(c) Notwithstanding subsections (a) and (b), a retail clerk who fails to request identification pursuant to subsection (b) of this section shall not be guilty of a misdemeanor, subject to any civil penalties, or subject to any disciplinary action or discharge by his or her employer.


CREDIT(S)


P.L. 2005, ch. 244, § 2;P.L. 2005, ch. 246, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-1. Receipts for installment payments for merchandise


Any person selling merchandise on the installment plan shall give to every purchaser of the merchandise on the plan a receipt in writing for every installment paid on account of the price of the merchandise, and every such receipt shall show the balance of the price remaining unpaid after giving credit for the payment. Any person violating any of the provisions of this section shall be fined twenty dollars ($20.00).


CREDIT(S)


P.L. 1908, ch. 1596, §§ 1, 2.


Codifications: G.L. 1909, ch. 184, §§ 1, 2; G.L. 1923, ch. 210, §§ 1, 2; G.L. 1938, ch. 384, §§ 1, 2; G.L. 1956, § 6-15-1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-2. Fraudulent issuance of bill of lading


Any officer, agent, or servant of a carrier who, with intent to defraud issues or aids in issuing a bill of lading knowing that all or any part of the goods for which the bill is issued have not been received by the carrier, or by an agent of the carrier or by a connecting carrier, or are not under the carrier's control at the time of issuing the bill, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding than five (5) years, by a fine not exceeding five thousand dollars ($5,000), or by both.


CREDIT(S)


P.L. 1914, ch. 1029, § 44.


Codifications: G.L. 1923, ch. 320, § 1; G.L. 1938, ch. 473, § 1; G.L. 1956, § 6-24-45.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-3. False statements in bill of lading


Any officer, agent, or servant of a carrier who, with intent to defraud, issues or aids in issuing a bill of lading for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 45.


Codifications: G.L. 1923, ch. 320, § 2; G.L. 1938, ch. 473, § 2; G.L. 1956, § 6-24-46.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-4. Unlawful issuance of duplicate bill of lading


Any officer, agent, or servant of a carrier who, with intent to defraud, issues or aids in issuing a duplicate or additional negotiable bill of lading for goods without placing plainly upon the face of each bill the word “duplicate” or some other word or words indicating that the document is not an original bill of lading, knowing that a former negotiable bill of lading for the same goods or any part of them is outstanding and uncanceled, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 46.


Codifications: G.L. 1923, ch. 320, § 3; G.L. 1938, ch. 473, § 3; G.L. 1956, § 6-24-47.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-5. Unlawful shipment on negotiable bill of lading


Any person who ships goods to which he or she does not have title, or upon which there is a lien or mortgage, and who takes for the goods a negotiable bill of lading which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 47.


Codifications: G.L. 1923, ch. 320, § 4; G.L. 1938, ch. 473, § 4; G.L. 1956, § 6-24-48.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-6. Transfer of bill of lading for goods not in control of carrier


Any person who, with intent to deceive, negotiates or transfers for value a bill of lading knowing that any or all of the goods which, by the terms of the bill, appear to have been received for transportation by the carrier which issued the bill of lading, are not in the possession or control of the carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 48.


Codifications: G.L. 1923, ch. 320, § 5; G.L. 1938, ch. 473, § 5; G.L. 1956, § 6-24-49.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-7. Fraudulently procuring issuance of bill of lading


Any person who, with intent to defraud, secures the issue by a carrier of a bill of lading knowing that at the time of the issue any or all of the goods described in the bill, as received for transportation, have not been received by the carrier, or an agent of the carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier, or are under its control, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 49.


Codifications: G.L. 1923, ch. 320, § 6; G.L. 1938, ch. 473, § 6; G.L. 1956, § 6-24-50.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-8. Failure to mark nonnegotiable bill of lading


Any person who, with intent to defraud, issues or aids in issuing a nonnegotiable bill of lading without the words “not negotiable” placed plainly upon the face of it shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1914, ch. 1029, § 50.


Codifications: G.L. 1923, ch. 320, § 7; G.L. 1938, ch. 473, § 7; G.L. 1956, § 6-24-51.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-9. Issuance of fraudulent warehouse receipt


A warehouse operator, or any officer, agent, or servant of a warehouse operator, who issues or aids in issuing a warehouse receipt knowing that the goods for which the receipt is issued have not been actually received by the warehouse operator, or are not under his or her actual control at the time of issuing the receipt, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 50.


Codifications: G.L. 1909, ch. 270, § 1; G.L. 1923, ch. 315, § 1; G.L. 1938, ch. 468, § 1; G.L. 1956, § 6-25-51.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-10. False statements in warehouse receipt


A warehouse operator, or any officer, agent, or servant of a warehouse operator, who fraudulently issues or aids in fraudulently issuing a warehouse receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 51.


Codifications: G.L. 1909, ch. 270, § 2; G.L. 1923, ch. 315, § 2; G.L. 1938, ch. 468, § 2; G.L. 1956, § 6-25-52.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-11. Failure to mark duplicate warehouse receipt


A warehouse operator, or any officer, agent, or servant of a warehouse operator, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face of it the word “Duplicate,” except in the case of a lost or destroyed receipt after proceedings as provided for in § 6A-7-601, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 52.


Codifications: G.L. 1909, ch. 270, § 3; G.L. 1923, ch. 315, § 3; G.L. 1938, ch. 468, § 3; G.L. 1956, § 6-25-53.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-12. Failure to state warehouse operator's title in warehouse receipt


Where there are deposited with or held by a warehouse operator goods of which he or she is owner, either solely or jointly or in common with others, the warehouse operator, or any of his or her officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for the goods which does not state that ownership, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 53.


Codifications: G.L. 1909, ch. 270, § 4; G.L. 1923, ch. 315, § 4; G.L. 1938, ch. 468, § 4; G.L. 1956, § 6-25-54.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-13. Failure to take up warehouse receipt on delivery of goods


A warehouse operator, or any officer, agent, or servant of a warehouse operator, who delivers goods out of the possession of the warehouse operator, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of the goods is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of the delivery, shall, except in the cases provided for in §§ 6A-7-210 and 6A-7-601, be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 54.


Codifications: G.L. 1909, ch. 270, § 5; G.L. 1923, ch. 315, § 5; G.L. 1938, ch. 468, § 5; G.L. 1956, § 6-25-55.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-14. Failure of depositor to disclose lien or want of title on negotiation of warehouse receipt


Any person who deposits goods to which he or she does not have title, or upon which there is a lien or mortgage, and who takes for those goods a negotiable receipt which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1908, ch. 1549, § 55.


Codifications: G.L. 1909, ch. 270, § 6; G.L. 1923, ch. 315, § 6; G.L. 1938, ch. 468, § 6; G.L. 1956, § 6-25-56.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9.1-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 9.1. Commercial Transactions

§ 11-9.1-15. Laundering of monetary instruments


(a) Whoever conducts or attempts to conduct a financial transaction: (1) with the intent to promote the carrying on of specified unlawful activity; or (2) with the intent to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or (3) with the intent to avoid a transaction reporting requirement under state law; or (4) knowing that the transaction is designed in whole or in part: (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under the laws of this state or of the United States; shall be punished by a fine of not more than five hundred thousand dollars ($500,000) or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty (20) years, or both.


(b) Whoever conducts or attempts to conduct a financial transaction: (1) knowing that the property involved in the transaction represents the proceeds of some form of unlawful activity, or has been or is being used to conduct or facilitate some form of unlawful activity; or (2) involving property represented as the proceeds of some form of unlawful activity, by a law enforcement officer or other person working at the direction or with the approval of an official authorized to investigate or prosecute violations of this section; shall be punished by a fine of not more than five hundred thousand dollars ($500,000) or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty (20) years, or both.


(c) Whoever is convicted of conducting or attempting to conduct a financial transaction described in subsection (a) or (b) of this section is liable to the state of Rhode Island for a civil penalty of not more than the greater of:


(1) The value of the property, funds, or monetary instruments involved in the transaction; or


(2) Ten thousand dollars ($10,000).


(d) As used in this section:


(1) “Conducts” includes initiating, concluding, or participating in initiating or concluding a transaction;


(2) “Financial institution” means any institution organized under title 19, or any institution having the definition given that term in 31 U.S.C. § 5312, where applicable, including, but not limited to, banks, savings banks, bank associations, trust companies, loan and investment companies, savings and loan companies, building-loan associations, credit unions, deposit-insurance companies, and any other depository required by law to file reports with the Rhode Island department of business regulation;


(3) “Financial transaction” means a transaction involving the movement of funds;


(4) “Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state law, regardless of whether or not the activity is specified in subdivision (7) of this subsection.


(5) “Monetary instruments” means coin or currency of the United States or any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or in such form that title to them passes upon delivery, and negotiable instruments in bearer form or in such form that title to them passes upon delivery;


(6) “Specified unlawful activity” includes:


(A) Any act or activity declared a felony pursuant to title 19;


(B) Any act or activity declared a felony pursuant to chapter 28 of title 21;


(C) Any act or acts prohibited by the Rhode Island Racketeer Influenced and Corrupt Organizations Act (RICO), chapter 15 of title 7;


(D) Any act constituting a felony pursuant to this title.


(7) “Transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.


(e) Nothing in this chapter shall be construed to duplicate or prevent the application or effect of 18 U.S.C. § 1956, or of any provision of state or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this chapter.


CREDIT(S)


P.L. 1991, ch. 51, § 1; P.L. 2006, ch. 82, § 1, eff. June 13, 2006; P.L. 2006, ch. 95, § 1, eff. June 13, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-10-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 10. Crime Against Nature

§ 11-10-1. Abominable and detestable crime against nature


Every person who shall be convicted of the abominable and detestable crime against nature, with any beast, shall be imprisoned not exceeding twenty (20) years nor less than seven (7) years.


CREDIT(S)


P.L. 1998, ch. 24, § 1.


Codifications: G.L. 1896, ch. 281, § 12; G.L. 1909, ch. 347, § 12; G.L. 1923, ch. 399, § 12; G.L. 1938, ch. 610, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-1. Disturbance of public assemblies generally


Every person who shall willfully interrupt or disturb any town or ward meeting, any assembly of people met for religious worship, any military funeral or memorial service, any public or private school, any meeting lawfully and peaceably held for purposes of moral, literary or scientific improvement, or any other lawful meeting, exhibition or entertainment, either within or without the place where the meeting or school is held, shall be imprisoned not exceeding one year or be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 2007, ch. 183, § 1, eff. July 2, 2007; P.L. 2007, ch. 212, § 1, eff. July 2, 2007.


Codifications: G.L. 1896, ch. 278, § 7; G.L. 1909, ch. 344, § 8; G.L. 1923, ch. 396, § 8; G.L. 1938, ch. 607, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-2. Use of dangerous or offensive instruments or substances to disturb public assemblies


Any person who shall willfully place in, on, about, or upon any theater, motion picture house, hall, or other building or place where people are assembled for the purpose of entertainment or instruction, any substance or thing that does or is liable to interrupt and disturb the peace and order of that place, or is liable to interrupt, disturb, or throw into confusion or endanger the life and limb of persons assembled in that place, or which is liable to or does cause injury to the property of the owner, lessee, tenant, or other occupant of the theater, motion picture house, hall, or other building or place, or whoever willfully throws into, against or upon, or puts, places, and explodes or causes to be placed or exploded in or upon any theater, motion picture house, hall, or any other building or place of public assemblage, any bomb, torpedo, or other instrument or package loaded or filled with any explosive or offensive substance with intent unlawfully to destroy or injure the theater, motion picture house, hall, or other building or place of public assemblage, shall be imprisoned not exceeding five (5) years, or shall be fined not exceeding one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1932, ch. 1921, § 1.


Codifications: G.L. 1923, ch. 397, § 76; G.L. 1938, ch. 608, § 86.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-3. Carrying on business or entertainment in vicinity of religious meeting


Whenever any religious society shall hold any camp, tent, grove or other out-door meeting, or the Society of General Six-principle Baptists of Rhode Island and Massachusetts shall hold their annual “general meeting,” for any purpose connected with the object for which the religious society was organized, no person, without the consent of the religious society or of its proper officers, shall keep in any shop, tent, booth, wagon or carriage or other place, for sale, or expose for sale any spirituous or intoxicating liquors or other drinks or food or merchandise of any kind, or hawk or peddle any liquors or merchandise mentioned in this section within one mile of the place of the meeting, nor shall any person engage in gaming, horse racing, or exhibit or offer to exhibit any show or play within the like distance of one mile of a meeting; and every person violating any provision of this section shall be fined not exceeding twenty dollars ($20.00) nor less than five dollars ($5.00) or be imprisoned not exceeding thirty (30) days; provided, that nothing contained in this section shall be so construed as to prevent innkeepers, grocers, or other persons from pursuing their ordinary business at their usual place of doing business, nor to prevent any person from selling victuals in his or her usual place of abode.


CREDIT(S)


Codifications: G.L. 1896, ch. 121, § 1; G.L. 1909, ch. 147, § 1; G.L. 1923, ch. 152, § 1; G.L. 1938, ch. 607, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-4. Prevention from carrying on employment


Every person who, by himself or herself or in concert with other persons, shall attempt by force, violence, threats or intimidation of any kind to prevent, or who shall prevent, any other person from entering upon and pursuing any employment, upon any terms and conditions as that person may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars ($100) or be imprisoned not exceeding ninety (90) days.


CREDIT(S)


Codifications: G.L. 1896, ch. 278, § 8; G.L. 1909, ch. 344, § 9; G.L. 1923, ch. 396, § 9; G.L. 1938, ch. 607, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-5. Profanity


Every person who shall be guilty of profane swearing and cursing shall be fined not exceeding five dollars ($5.00).


CREDIT(S)


Codifications: G.L. 1896, ch. 281, § 16; G.L. 1909, ch. 347, § 17; G.L. 1923, ch. 399, § 17; G.L. 1938, ch. 610, § 17.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-6. Repealed by P.L. 2004, ch. 336, § 1, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-11-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 11. Disorderly Conduct

§ 11-11-7. Overcrowded assembly


(a) The occupant load permitted in any assembly building structure, or portion of it, shall be determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:


(1) An assembly area of concentrated use without fixed seats such as an auditorium, gymnasium, church, chapel, dance floor, and lodge room, seven square feet (7 sq. ft.) per person.


(2) An assembly area of less concentrated use such as conference rooms, dining room, drinking establishments, exhibit room, or lounge, fifteen square feet (15 sq. ft.) per person.


(3) Standing room or waiting space, five square feet (5 sq. ft.) per person; provided, that aisle area, except rear cross aisles, shall not be considered in determining the number of standing patrons allowed.


(b) Any residential structure, or portion of it, that is used by persons to assemble for consumption of food or drink shall not exceed the occupant load as determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows:


(1) Any individual single family dwelling or any unit in a multi-family dwelling or apartment house, fifteen (15) net square feet per person;


(2) A public space associated with a single family dwelling or any multi-family dwelling or apartment house, fifteen (15) net square feet per person.


(c) Penalty. If any person in control or possession of a building or structure, or portion of it, fails to comply with the provisions of this section, the assembly shall be reduced to the limit set forth by this section and the person in control or possession of a building or structure shall be guilty of a petty misdemeanor and fined an amount not more than five hundred dollars ($500) for the first offense with notice of the offense sent by certified mail to the owner of the building or structure. The fine shall double for the second offense and triple for the third offense with all notices of the offenses sent to the owner of the building by certified mail. In the event there are more than three (3) offenses at a building or structure, the owner shall also be guilty of a petty misdemeanor and fined an amount not to exceed five hundred dollars ($500).


CREDIT(S)


P.L. 2001, ch. 79, § 1;P.L. 2001, ch. 219, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-1. Engaging in duel


Every person who shall voluntarily engage in a duel with any dangerous weapon, to the hazard of life, shall be imprisoned not exceeding seven (7) years nor less than one year.


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 7; G.L. 1909, ch. 343, § 7; G.L. 1923, ch. 395, § 7; G.L. 1938, ch. 606, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-2. Challenging or accepting challenge to duel


Every person who shall challenge another to fight a duel with any dangerous weapon, to the hazard of life, and every person who shall accept a challenge to fight such duel, although no duel be fought, shall be imprisoned not exceeding seven (7) years nor less than one year.


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 8; G.L. 1909, ch. 343, § 8; G.L. 1923, ch. 395, § 8; G.L. 1938, ch. 606, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-3. Duel outside state resulting in death within state


Every person, being an inhabitant of or resident in this state, who shall fight a duel outside the jurisdiction of this state, by previous appointment or engagement made within this state, and in the duel shall inflict a mortal wound upon any person of which the person so injured shall afterwards die within this state, shall be deemed to be guilty of murder within this state and may be indicted or charged by information, tried, convicted and sentenced in the county in which the death shall happen.


CREDIT(S)


P.L. 1974, ch. 118, § 4.


Codifications: G.L. 1896, ch. 277, § 9; G.L. 1909, ch. 343, § 9; G.L. 1923, ch. 395, § 9; G.L. 1938, ch. 606, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-4. Seconding fatal duel outside state


Every person being an inhabitant of or resident in this state who shall, by previous appointment or engagement made within this state, be the second of either party in any duel as is mentioned in § 11-12-3 and shall be present as the second when the mortal wound is inflicted, of which death shall ensue within this state, shall be deemed to be an accessory before the fact to the crime of murder within this state, and may be indicted or charged by information, tried, convicted and sentenced within the county where the death shall happen.


CREDIT(S)


P.L. 1974, ch. 118, § 4.


Codifications: G.L. 1896, ch. 277, § 10; G.L. 1909, ch. 343, § 10; G.L. 1923, ch. 395, § 10; G.L. 1938, ch. 606, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-5. Plea of former jeopardy


Any person indicted under either § 11-12-3 or 11-12-4 may plead a former conviction or acquittal of the same offense in the state or county in which the duel was fought, and that plea, if admitted or established, shall bar all further proceedings against the person for the same offense within this state.


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 11; G.L. 1909, ch. 343, § 11; G.L. 1923, ch. 395, § 11; G.L. 1938, ch. 606, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-6. Fighting by appointment


Every person who shall, by previous appointment or arrangement, meet another person and engage in a fight, shall be imprisoned not more than ten (10) years or be fined not exceeding five thousand dollars ($5,000).


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 12; G.L. 1909, ch. 343, § 12; G.L. 1923, ch. 395, § 12; G.L. 1938, ch. 606, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-7. Aiding fight by appointment


Every person who shall be present at any fight as provided in § 11-12-6 as an aid, second or surgeon, or who shall advise, encourage or promote the fight, shall be imprisoned not more than five (5) years or be fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 13; G.L. 1909, ch. 343, § 13; G.L. 1923, ch. 395, § 13; G.L. 1938, ch. 606, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-8. Leaving state to fight by appointment


Every person who shall, by previous appointment or engagement, leave this state and engage in a fight with another person outside the limits of this state shall be imprisoned not more than five (5) years or be fined not exceeding five thousand dollars ($5,000), and may be indicted or charged by information, tried, convicted and sentenced in any county in this state.


CREDIT(S)


P.L. 1974, ch. 118, § 4.


Codifications: G.L. 1896, ch. 277, § 14; G.L. 1909, ch. 343, § 14; G.L. 1923, ch. 395, § 14; G.L. 1938, ch. 606, § 14.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-12-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 12. Dueling and Fighting

§ 11-12-9. Arrest of fighters


A deputy sheriff, town sergeant, constable or police officer shall immediately arrest in any county any person violating any of the provisions of §§ 11-12-6 -- 11-12-8, and shall detain the person until a warrant can be obtained for his or her arrest.


CREDIT(S)


P.L. 2012, ch. 324, § 31, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 277, § 15; G.L. 1909, ch. 343, § 15; G.L. 1923, ch. 395, § 15; G.L. 1938, ch. 606, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-1. Sale, use or possession of fireworks


(a) No person shall offer for sale at retail or at wholesale, shall possess or have under his or her control, use or explode, or cause to explode for exhibition or amusement, display fireworks or aerial consumer fireworks unless permits are obtained pursuant to this chapter and chapter 23-28.11. Display fireworks are defined in the American pyrotechnic association standard 87-1 (APA 87-1) 2001 Edition section 2.7.2 and are classified as explosives 1.3G by the U.S. department of transportation (U.S. DOT), UN0335. Aerial consumer fireworks are defined in APA 87-1 2001 Edition section 3.1.2. and are classified 1.4G U.S. DOT, UN 0336. Certain fireworks and devices that are exempt from the definitions of display fireworks and aerial consumer fireworks shall include, but are not limited to, the following: ground-based and hand-held sparkling devices (non-aerial fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1 and 3.5, and include the following: fountains, illuminating torches, wheels, ground spinners, flitter sparklers, sparkers; novelties, which are defined in the APA 87-1 2001 Edition section 3.2 and include the following: party poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers and dipped sticks; paper caps containing not more than twenty-five hundredths (0.025) grains of explosive mixture ammunition to be consumed by weapons used for sporting and hunting purposes, and model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models). The storage, possession, sale, transportation and use of the items in the above reference section that are not included in the definition of display fireworks and aerial consumer fireworks shall be allowed at all times throughout the state for persons at least sixteen (16) years of age. Permits for display fireworks and aerial consumer fireworks for commercial display may be issued in accordance with provisions of the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of title 23. Fireworks display of display and aerial consumer fireworks by any municipality, fair association, amusement park, or other organization or group of individuals is permitted, on condition that the display shall be made by a competent operator approved by the local fire authority and shall be of such character as in the opinion of the fire authority will not be hazardous to persons or property; and, provided further, that the foregoing shall not apply the use of display fireworks and aerial consumer fireworks by common carriers for signal or illumination purposes, the use of blank cartridges in any show or theater, the use of explosives for blasting, the use of display fireworks and aerial consumer fireworks as signals in any athletic or sporting event, the use of display fireworks and aerial consumer fireworks for ceremonial or military purposes, the sale of fireworks for shipment out of this state, or the sale of fireworks for any use permitted pursuant to this section, provided the person who sells, stores or transports display fireworks and aerial consumer fireworks has a permit as required by the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of title 23.


(b) Any person violating the provisions of this section shall be guilty of a felony and shall be fined not exceeding one thousand dollars ($1,000) for each offense and/or imprisoned for not more than one year for each offense; except that any person using or having in his or her possession without a permit with intent to use display fireworks and aerial consumer fireworks with a value of under five hundred dollars ($500) shall be guilty of a misdemeanor and shall upon conviction be fined not exceeding five hundred dollars ($500) for each offense and/or imprisoned for not more than one year for each offense.


CREDIT(S)


P.L. 1942, ch. 1130, § 1; P.L. 1974, ch. 236, § 1; P.L. 1980, ch. 299, § 1; P.L. 1982, ch. 376, § 1; P.L. 1983, ch. 326, § 1; P.L. 1985, ch. 284, § 1; P.L. 2010, ch. 25, § 1, eff. June 11, 2010; P.L. 2010, ch. 28, § 1, eff. June 11, 2010.


Codifications: G.L. 1896, ch. 110, § 4; G.L. 1909, ch. 134, § 4; G.L. 1923, ch. 177, § 4; G.L. 1938, ch. 406, §§ 4, 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-1.1. Repealed by P.L. 2001, ch. 86, § 21, eff. July 6, 2001



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-2. Limitation of prosecutions--Fines


No complaint for a violation of any of the provisions of § 11-13-1 shall be sustained unless it shall be brought within thirty (30) days after the commission of the offense, and all fines for such violation shall enure one-half ( 1/2) to the complainant and one-half ( 1/2) to the state.


CREDIT(S)


Codifications: G.L. 1896, ch. 110, § 6; G.L. 1909, ch. 134, § 6; G.L. 1923, ch. 177, § 6; G.L. 1938, ch. 406, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-3. Sale of fulminate cartridges or contrivances to minors


(a) No person shall sell to any child under the age of fifteen (15) years, without the written consent of a parent or guardian of the child, any cartridge or fixed ammunition of which any fulminate is a component part, or any gun, pistol or other mechanical contrivance arranged for the explosion of the cartridge or of any fulminate. Nothing in this section shall authorize the sale of any blank cartridge except as provided in § 11-13-5.


(b) Every person violating the provisions of this section shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00) for each offense.


CREDIT(S)


Codifications: G.L. 1896, ch. 110, §§ 7, 8; G.L. 1909, ch. 134, §§ 7, 8; G.L. 1923, ch. 177, §§ 7, 8; G.L. 1938, ch. 406, §§ 8, 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-4. Toy canes or devices for firing blanks


No person or persons shall sell, expose for sale, possess with intent to sell or use, or discharge or use, within this state, any repeating toy cane for discharging any explosive, any toy pistol, or any other toy device designed or used for the discharge of blank cartridges.


CREDIT(S)


P.L. 1905, ch. 1244, § 1.


Codifications: G.L. 1909, ch. 134, § 9; G.L. 1923, ch. 177, § 9; G.L. 1938, ch. 406, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-5. Sale of blanks to minors


No person shall sell or offer to sell blank cartridges to any person under twenty-one (21) years of age.


CREDIT(S)


P.L. 1905, ch. 1244, § 2.


Codifications: G.L. 1909, ch. 134, § 10; G.L. 1923, ch. 177, § 10; G.L. 1938, ch. 406, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-6. Penalty for unlawful devices


Any person violating any of the provisions of § 11-13-4 or 11-13-5 shall be fined not exceeding twenty dollars ($20.00) for each offense.


CREDIT(S)


P.L. 1905, ch. 1244, § 3.


Codifications: G.L. 1909, ch. 134, § 11; G.L. 1923, ch. 177, § 11; G.L. 1938, ch. 406, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-7. Unlawful firecrackers


Every person who shall sell, expose for sale, possess with intent to sell, use, or explode, or use or explode any firecracker containing any explosive other than gunpowder shall be fined not more than twenty dollars ($20.00).


CREDIT(S)


P.L. 1896, ch. 342, § 1.


Codifications: G.L. 1909, ch. 134, § 12; G.L. 1923, ch. 177, § 12; G.L. 1938, ch. 406, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-8. Delivery or transportation of unmarked explosives or inflammable substances


Every person who shall knowingly deliver or cause to be delivered to any person or carrier any box, can, or other package of nitroglycerine, gunpowder, naphtha, or other equally inflammable and explosive substance, material, or fluid, not marked with a plain and legible label describing its contents, or who shall remove or cause to be removed any such label or mark, or who shall carry or cause to be carried on any vessel, car, or vehicle operated in the transportation of passengers by a common carrier, which vessel, car, or vehicle is carrying passengers for hire, any box, can, or other package of nitroglycerine, gunpowder, naphtha, guncotton or substance or material containing guncotton, or any other equally inflammable and explosive material, substance, or fluid, shall be fined not more than ten thousand dollars ($10,000) or imprisoned not more than five (5) years.


CREDIT(S)


P.L. 1926, ch. 857, § 1.


Codifications: G.L. 1896, ch. 279, § 47; G.L. 1909, ch. 345, § 50; G.L. 1923, ch. 397, § 50; G.L. 1938, ch. 608, § 50.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-13-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 13. Explosives and Fireworks

§ 11-13-9. Threats, false report of or placing bombs in buildings


(a) Every person who places a bomb or other explosive in any public or private building, or area where persons may lawfully assemble as provided in § 11-11-1 shall upon conviction be imprisoned not less than three (3) years nor more than twenty (20) years and fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).


(b) Every person who threatens to place a bomb or other explosive in any public or private building, or area where persons may lawfully assemble as provided in § 11-11-1, or falsely reports the placing of a bomb or other explosive in the building or area, shall, upon conviction, be imprisoned not less than one year nor more than ten (10) years and fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).


CREDIT(S)


R.P.L. 1957, ch. 18, § 1; P.L. 1971, ch. 215, § 1; P.L. 1988, ch. 100, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-1. Impersonation of public officer


Every person who shall falsely assume or pretend to be a judge, justice of the peace, warden, deputy sheriff, alderman, member of any city or town council, city or town clerk, city sergeant, constable, correctional officer or any other officer of any city or town in this state as well as any out-of-state police, and shall act as such, shall be imprisoned not exceeding one year or be fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1996, ch. 318, § 1;P.L. 2000, ch. 245, § 1; P.L. 2006, ch. 586, § 1, eff. July 14, 2006; P.L. 2012, ch. 324, § 32, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 276, § 17; G.L. 1909, ch. 342, § 17; G.L. 1923, ch. 394, § 17; G.L. 1938, ch. 605, § 17.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-2. Impersonation of town sealer, auctioneer, corder, or fence-viewer


Every person who shall falsely assume or pretend to be a town sealer of weights and measures, auctioneer, corder of wood, or fence-viewer, and shall act as such, shall be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100).


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 18; G.L. 1909, ch. 342, § 18; G.L. 1923, ch. 394, § 18; G.L. 1938, ch. 605, § 18.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-3. Repealed by P.L. 2004, ch. 336, § 2, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-4. Unauthorized wearing of organizational insignia


Any person not a member, respectively, of the Society of Cincinnati; Society of the War of 1812; Aztec Club of 1847; Military Order of the Loyal Legion of the United States; Grand Army of the Republic; National Association of Naval Veterans of the United States; Society of the Army of the Potomac; Society of the Army of the Cumberland; Society of the Army of Ohio; Society of the Army of Tennessee; Society of the Burnside Expedition; Society of the Ninth Army Corps; Sons of Veterans, United States of America; Society of the Sons of the American Revolution; Sons of the Revolution; United Spanish-American War Veterans; Women's Relief Corps; Ladies' Aid Society; Society of the Daughters of the American Revolution; Benevolent and Protective Order of Elks of the United States; Knights of Pythias; Dramatic Order of Knights of Khorassan; American Legion; Military Order of Foreign Wars of the United States; Veterans of Foreign Wars of the United States; Fraternal Order of Police; International Brotherhood of Police Officers (IBPO), the International Association of Firefighters (IAFF) whether it be IAFF windshield decals or IAFF license plate emblems or both; or any person not a member respectively of any other society or association or of any labor union which shall have registered in the office of the secretary of state a facsimile or duplicate or description of its name, badge, decoration, insignia, button, emblem, or rosette, who shall use or wear, respectively, the name, badge, decoration, insignia, button, emblem, or rosette of that organization, unless he or she shall be entitled to use or wear it, respectively under the constitution, bylaws, or rules and regulations of the societies or orders, respectively, shall be fined not more than one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1900, ch. 742, § 1; P.L. 1906, ch. 1358, § 1; P.L. 1907, ch. 1448, § 1; P.L. 1909, ch. 439, § 1; P.L. 1918, ch. 1642, § 1; P.L. 1920, ch. 1833, § 1; P.L. 1968, ch. 117, § 1; P.L. 1985, ch. 259, § 1; P.L. 1990, ch. 474, § 1;P.L. 1996, ch. 390, § 1.


Codifications: G.L. 1896, ch. 283, § 22; G.L. 1909, ch. 349, § 31; G.L. 1923, ch. 401, § 31; G.L. 1938, ch. 612, § 30.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-5. Unauthorized use of American Federation of Musicians label


Any person who willfully uses or displays the label or logo of the American Federation of Musicians without the written permission of, or in any manner not authorized by, the federation shall be fined not exceeding one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1976, ch. 70, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-14-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 14. False Personation

§ 11-14-6. Impersonation of a public utility company employee


Every person who shall falsely assume or pretend to be an employee of a public utility company, or the employee of a nonregulated power producer, and act as such so as to gain or attempt to gain entry into any residence or business, for any purpose, shall be imprisoned not exceeding six (6) months, or be fined not exceeding five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1997, ch. 128, § 1.



Current through chapter 491 of the January 2012 session




Gen.Laws 1956, § 11-15-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§ 11-15-1. Definition of terms


“Flag,” “standard,” “color,” or “ensign,” as used in 11-15-1 - 11-15-3, includes any flag, standard, color, ensign, or any picture or representation of either of them, made of any substance, or represented on any substance, and of any size, evidently purporting to be either of the flag, standard, color, or ensign of the United States of America, or a picture or a representation of either of them, upon which shall be shown the colors, the stars, and the stripes, in any number of either of them, or by which the person seeing the picture or representation, without deliberation, may believe it to represent the flag, colors, standards, or ensign of the United States of America.


CREDIT(S)


P.L. 1902, ch. 986, § 2.


Codifications: G.L. 1909, ch. 349, § 40; G.L. 1923, ch. 401, § 40; G.L. 1938, ch. 612, § 39.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§§ 11-15-2, 11-15-3. Repealed by P.L. 2004, ch. 336, § 3, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§§ 11-15-2, 11-15-3. Repealed by P.L. 2004, ch. 336, § 3, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§ 11-15-4. Use of state emblems for commercial purposes


No person, firm, or corporation shall use the state seal, the state coat of arms, or a facsimile or imitation of them, for commercial purposes. The use of state seal, the state coat of arms, or a facsimile or imitation of them as a portion of any letterhead, or in any advertisement, creates a presumption that the use is for commercial purposes. Any person who violates any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 1946, ch. 1703, §§ 1, 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§ 11-15-5. Injunctive relief


The attorney general of the state of Rhode Island shall, upon the submission of proof of any violation of the provisions of § 11-15-4, seek injunctive relief against further violation.


CREDIT(S)


P.L. 1946, ch. 1703, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§ 11-15-6. Repealed by P.L. 2004, ch. 336, § 3, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-15-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 15. Flags and Emblems

§ 11-15-7. Display of foreign flags on public buildings


It shall be unlawful to display the flag or emblem of any foreign country upon the flagstaff of any state, county, city or town building or public schoolhouse within this state; provided, that when any foreigner shall become the guest of the United States, or of this state, the flag of the country of which the public guest shall be a citizen or subject may be displayed upon public buildings, except public schoolhouses. Every person who shall violate the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 29; G.L. 1909, ch. 349, § 38; G.L. 1923, ch. 401, § 38; G.L. 1938, ch. 612, § 37.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-1. Sale of unwholesome meat or drink


Except as otherwise provided, in respect to specific articles of meat or drink, every person who shall sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, shall be imprisoned not exceeding six (6) months or be fined not exceeding two hundred dollars ($200).


CREDIT(S)


Codifications: G.L. 1896, ch. 282, § 1; G.L. 1909, ch. 348, § 1; G.L. 1923, ch. 400, § 1; G.L. 1938, ch. 611, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-2. Sale or killing of young calves


Every person who shall kill or cause to be killed, for the purpose of sale, or who shall sell to any person engaged in the business of killing of animals to be used for food purposes, any calf less than four (4) weeks old and the weight of which is less than seventy-five (75) pounds, or shall sell, or possess with intent to sell, the flesh of any calf which he or she knows to have been killed when less than four (4) weeks old, or the weight of which calf before being killed he or she knows to have been less than seventy-five (75) pounds, shall be fined not exceeding fifty dollars ($50.00).


CREDIT(S)


P.L. 1914, ch. 1055, § 1.


Codifications: G.L. 1896, ch. 282, § 3; G.L. 1909, ch. 348, § 2; G.L. 1923, ch. 400, § 2; G.L. 1938, ch. 611, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-3. Wrapping of food in second-hand paper


No dealer in groceries, meats, provisions, or any articles of food whatsoever shall use or cause to be used newspapers, printed paper or other second-hand paper for the purpose of wrapping up such articles of food, unless the food shall first be placed in paper carton boxes, jars, tins, or other sanitary receptacles. Any person who violates the provisions of this section shall be fined not exceeding twenty dollars ($20.00) for each offense.


CREDIT(S)


P.L. 1911, ch. 708, § 1.


Codifications: G.L. 1909, ch. 348, § 4; G.L. 1923, ch. 400, § 4; G.L. 1938, ch. 611, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-4. Furnishing wood alcohol for beverage purposes


Every person who sells, furnishes, or gives away wood alcohol or any preparation or compound containing wood alcohol, knowing that it is to be used for beverage purposes, shall be punished by imprisonment for life or any term of years, and he or she shall be liable to an action for damages for injuries to the person of anyone using the wood alcohol or the preparation or compound for beverage purposes, or if death results from that use, to an action for damages for the death of the person under the provisions of §§ 10-7-1 - 10-7-4.


CREDIT(S)


P.L. 1932, ch. 1857, § 12.


Codifications: G.L. 1923, ch. 395, § 34; G.L. 1938, ch. 606, § 34.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-5. Poisoning with intent to kill


Every person who shall mingle any poison with any food, drink, or medicine, with intent to kill or injure any person, and every person who shall willfully poison any spring, well or reservoir of water with that intent, shall be imprisoned for life or for any term of years.


CREDIT(S)


Codifications: G.L. 1896, ch. 277, § 16; G.L. 1909, ch. 343, § 16; G.L. 1923, ch. 395, § 16; G.L. 1938, ch. 606, § 16.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-6. Poisoning in general


Every person who shall knowingly offer, give or entice any other person to take or accept any treat, candy, gift, or food for consumption which is poisonous shall be subject to imprisonment for not less than one year nor more than twenty (20) years and may be fined not more than five thousand dollars ($5,000).


CREDIT(S)


P.L. 1983, ch. 154, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-16-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 16. Food and Beverages

§ 11-16-7. Tampering with packaging


Every person who tampers with the contents of a package or container for sale to the public with the intent to injure a potential user of the contents shall be guilty of a felony punishable by imprisonment for not less than three (3) years nor more than ten (10) years, or a fine of not more than five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1983, ch. 193, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-1. Forgery and counterfeiting in general


Every person who shall falsely make, alter, forge, or counterfeit, or procure to be falsely made, altered, forged, or counterfeited, any public record, or any writ, process, or proceeding in any court of justice in this state, any certificate or attestation of any judge, justice of the peace, warden, notary public, clerk of any court, town clerk, city clerk or other public officer, in any matter in which the certificate or attestation may be received as legal proof, any charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of exchange, bill of lading, railroad ticket, promissory note, order, acquittance, discharge for or upon the payment of money or delivery of goods, or any acceptance of a bill of exchange or any indorsement, assignment, or guaranty of any bill of exchange or promissory note, or any certificate, or accountable receipt for money, goods, or any other thing, or any warrant, order, or request for the payment of money or delivery of goods, or for the delivery of any note, bill, or other security for money or goods, or any lottery ticket, or part or share of any lottery ticket in any lottery authorized by the laws of any state, territory, or country, or any writing whatsoever purporting to contain evidence of any debt, contract, or promise, or of the discharge, payment of satisfaction of any debt, contract, or promise, with intent to defraud, or who shall utter and publish as true or shall procure to be uttered and published as true any such false, forged, altered, or counterfeited record, deed, or other writing as provided in this section, knowing it to be false, forged, altered, or counterfeited, with intent to defraud, shall be punished by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 14.


Codifications: G.L. 1896, ch. 280, § 1; G.L. 1909, ch. 346, § 1; G.L. 1923, ch. 398, § 1; G.L. 1938, ch. 609, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-1.1. Forgery--Public assistance check or authorization


(a) Any person who shall knowingly forge or cause to be forged one or more public assistance benefit check or authorization issued pursuant to chapter 6 of title 40, when the total value of the check or authorization so forged or caused to be forged in any period of twelve (12) consecutive months exceeds five hundred dollars ($500), shall be guilty of a felony and upon conviction shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than one thousand dollars ($1,000), or both.


(b) Any person who shall knowingly forge or cause to be forged any public assistance benefit check or authorization issued pursuant to chapter 6 of title 40, when the value of the check or authorization forged or caused to be forged shall not exceed five hundred dollars ($500), shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than one year, or by fine of not more than five hundred dollars ($500), or both.


(c) All criminal actions for any violation of this section shall be prosecuted by the attorney general.


CREDIT(S)


P.L. 1989, ch. 234, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-1.2. Forgery and counterfeiting of registration plates


Every person who shall forge, counterfeit, or cause to be forged or counterfeited, any registration plate or special use identification tag, or knowingly possess any forged or counterfeited registration plate or special use identification tag, as provided in § 31-3-40, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both.


CREDIT(S)


P.L. 2012, ch. 128, § 1, eff. May 30, 2012; P.L. 2012, ch. 180, § 1, eff. June 8, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-2. Forgery, counterfeiting, or alteration of state debt certificate or bank bill or note


Every person who shall falsely make, forge, counterfeit, or falsely alter any note, certificate, or other security, in imitation of and purporting to be a note, certificate, or other security, which has been or hereafter may be issued for any debt of this state, or any bank bill or note in imitation of or purporting to be a bank bill which has been or hereafter may be issued by any corporation which is or hereafter may be established as a bank, in this state or elsewhere, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 2; G.L. 1909, ch. 346, § 2; G.L. 1923, ch. 398, § 2; G.L. 1938, ch. 609, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-3. Passing of counterfeit certificates, bills, or notes


Every person who shall utter, publish, pass, or tender in payment as true, any false, forged, counterfeited, or altered certificate, security or bank bill or note, knowing it to be false, forged, counterfeited, or altered, with intent to defraud, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 3; G.L. 1909, ch. 346, § 3; G.L. 1923, ch. 398, § 3; G.L. 1938, ch. 609, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-4. Importation or possession of counterfeit certificate, bill, or note


Every person who shall bring into this state or have in his or her possession or custody within this state, any false, forged, counterfeited, or altered certificate or security, bank bill, or note, knowing it to be false, forged, counterfeited or altered, with intent to utter, pass or, tender it in payment the same as true, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 4; G.L. 1909, ch. 346, § 4; G.L. 1923, ch. 398, § 4; G.L. 1938, ch. 609, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-5. Manufacture, repair, or possession of counterfeiting devices


Every person who shall engrave, form, make, or mend, or begin to engrave, form, make, or mend any plate, stone, paper, rolling press, or other instrument or material devised, adapted, and designed for the stamping, forging, or making any false, forged, and counterfeited bank bill or note, in imitation of bank bills or notes which have been or shall be issued by any bank which is or hereafter may be established as a bank in this state or elsewhere, or shall have in his or her possession or custody any plate or stone engraved in any part, or any paper, rolling press, or other instrument or material devised, adapted, or designed as provided in this section, with intent to use and employ it or to cause or permit it to be used and employed in making any false and counterfeited bank bill or note, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 5; G.L. 1909, ch. 346, § 5; G.L. 1923, ch. 398, § 5; G.L. 1938, ch. 609, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-6. Evidence as to handwriting


In no prosecutions for forging, counterfeiting, or altering any bank bill or note or for uttering, passing, or tendering in payment as true any false, forged, counterfeited, or altered bank bill or note, or for bringing into this state or for having in possession or custody any false, forged, counterfeited, or altered bank bill or note with intent to pass it as true, knowing it to be false, forged, counterfeited, or altered, shall the testimony of any person whose name is purported to be signed to the bill or note or his or her personal attendance as a witness be requisite, when he or she shall be absent from this state at the time of the trial or when his or her place of residence shall be outside the limits of this state or more than thirty (30) miles from the place of trial, but the testimony of any competent witness who is acquainted with the handwriting of the person or who has knowledge of the difference between true and counterfeit or altered bank bills and who is skilled in the difference shall be received as competent evidence to prove any bank bill or note to be false, forged, counterfeited, or altered.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 6; G.L. 1909, ch. 346, § 6; G.L. 1923, ch. 398, § 6; G.L. 1938, ch. 609, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-7. Forgery or counterfeiting of coins


Every person who shall forge or counterfeit any coin in imitation or similitude of any gold or silver coin current within this state by law or usage shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 7; G.L. 1909, ch. 346, § 7; G.L. 1923, ch. 398, § 7; G.L. 1938, ch. 609, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-8. Passing of counterfeit coins


Every person who shall utter or tender in payment as true any false, forged or counterfeit coin, made and forged in imitation and similitude of any gold or silver coin current within this state by law or usage, knowing it to be false or counterfeit, with intent to defraud, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 8; G.L. 1909, ch. 346, § 8; G.L. 1923, ch. 398, § 8; G.L. 1938, ch. 609, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-9. Importation or possession of counterfeit coin with intent to pass


Every person who shall bring into this state or have in his or her possession or custody any false or counterfeit coin, made and forged in imitation and similitude of any gold or silver coin current within this state by law or usage, knowing it to be false or counterfeit, with intent to utter or pass it in payment as true, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 9; G.L. 1909, ch. 346, § 9; G.L. 1923, ch. 398, § 9; G.L. 1938, ch. 609, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-10. Manufacture, repair, or possession of device for counterfeit of coins


Every person who shall cast, stamp, engrave, form, make, or mend or begin to cast, stamp, engrave, form, make, or mend, or have in his or her possession or custody any mould, pattern, die, punch, press, or other tool or instrument whatsoever, devised, adapted, and designed for the forging or making any false or counterfeit coin in imitation and similitude of any gold or silver coin current within this state by law or usage, with intent to use and employ it or to cause it to be used or employed in forging or making any false or counterfeit coin as provided in this section, shall be imprisoned not exceeding ten (10) years nor less than two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 280, § 10; G.L. 1909, ch. 346, § 10; G.L. 1923, ch. 398, § 10; G.L. 1938, ch. 609, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-11. Seizure and destruction of counterfeits and counterfeiting devices


Whenever the existence of any false, forged, or counterfeit bank bills or notes, or any plates, dies, or other tools, instruments, or implements used by counterfeiters or designed for the forging or making of any false or counterfeit notes, coin, or bills, shall come to the knowledge of any deputy sheriff, constable or police officer in this state, the officers shall immediately seize and take possession of it and deliver it into the custody of the superior court for the county in which it shall be, and the court shall, as soon as the ends of justice will permit, cause it to be destroyed by an officer of the court, which officer shall make a return to the court of his or her doings in the premises.


CREDIT(S)


Court & Practice Act (1905), § 1222; P.L. 2012, ch. 324, § 33, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 280, § 11; G.L. 1909, ch. 346, § 11; G.L. 1923, ch. 398, § 11; G.L. 1938, ch. 609, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-12. Disposition of plates and dies of defunct banks


Whenever the charter of any bank in this state shall expire or become forfeited, and whenever any bank in this state shall close its business for any cause whatsoever, the directors of the bank who shall have been last in office shall immediately deliver up all their plates and dies to the superior court for the county in which the bank shall have been located or established, and the court shall cause the plates and dies to be disposed of in any manner that the court shall deem expedient, in order to prevent their being afterwards used for any unlawful purpose. Every director who shall willfully neglect or refuse to comply with the requirements of this section shall be fined not exceeding five hundred dollars ($500).


CREDIT(S)


Court & Practice Act (1905), § 1222.


Codifications: G.L. 1896, ch. 280, §§ 12, 13; G.L. 1909, ch. 346, §§ 12, 13; G.L. 1923, ch. 398, §§ 12, 13; G.L. 1938, ch. 609, §§ 12, 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-17-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 17. Forgery and Counterfeiting

§ 11-17-13. Forgery, counterfeiting, or alteration of trademark, service mark, or identification mark


(a) As used in this chapter, “forged” or “counterfeited trademark”, “service mark”, or “identification mark” means any mark or design which is: (1) identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or identification mark which is registered for those types of goods or services with the secretary of state pursuant to chapter 2 of title 6 or registered on the principal register of the United States Patent and Trademark Office or registered under the laws of any other state or protected by the Federal Amateur Sports Act of 1978, Title 36 USC § 380, or if a registered or unregistered use of the trademark or design or data plate, serial number, or part identification number; and (2) which has not been authorized by the owner of it and is done for pecuniary gain and with the intent to defraud the holder of the trademark, service mark, or identification mark.


(b) Any person who knowingly and willfully forges or counterfeits any trademark, service mark, or identification mark, without the consent of the owner of the trademark, service mark or identification mark, or who knowingly possesses any tool, machine device, or other reproduction instrument or material with the intent to reproduce any forged or counterfeited trademark, service mark, or identification mark, shall be guilty of the offense of trademark counterfeiting.


(c)(1) Any person who knowingly and willfully sells, offer to sell, or possesses with the intent to sell goods which contain a counterfeit trademark, service mark, or identification mark or sells or offers for sale a service in conjunction with a service mark the person knows is counterfeit, shall be guilty of the offense of trafficking in trademark counterfeits.


(2) If the goods or service to which the forged or counterfeit trademarks, service marks, or identification marks are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of the goods if they were not forged or counterfeited of five thousand dollars ($5,000) or more, the person shall be guilty of a felony and upon conviction may be imprisoned up to five (5) years and fined up to ten thousand dollars ($10,000).


(3) If the goods or service to which the forged or counterfeit trademarks, service marks, or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of the goods if they were not forged or counterfeited of less than five thousand dollars ($5,000), the person shall be guilty of a misdemeanor and may be imprisoned up to one year and fined up to one thousand dollars ($1,000).


(4) Any person who knowingly: (i) uses an object, tool, machine, or other device to produce or reproduce a counterfeit mark, or (ii) has possession, custody, or control of any object, tool, machine, or device with intent to produce or reproduce a counterfeit mark, is guilty of a felony and may be imprisoned up to five (5) years and fined up to five thousand dollars ($5,000).


(5) The possession, custody, or control of more than twenty-five (25) items having a counterfeit mark used on or in connection with them creates a presumption that the person having possession, custody, or control of the items intended to sell those items.


(6) If a person who violates this section previously has been convicted of violating this section, the person shall be guilty of a felony and may be imprisoned up to five (5) years and fined up to five thousand dollars ($5,000).


(d)(1) Any personal property, including any item, object, tool, machine, device, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in the commission of a violation of this section, or proceeds derived directly from a violation of this section, is subject to seizure and forfeiture and further proceedings shall be had for their forfeiture as is prescribed by law in chapter 21 of title 12; provided, that no property used by any person shall be forfeited under the provisions of this section unless it shall appear that the owner of the property had knowledge, actual or constructive, and was a consenting party to the illegal act.


(2) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever property is forfeited under this chapter it shall be utilized as follows:


(i) Where the seized property is a vessel, vehicle, aircraft, or other personal property, it may be retained and used by the law enforcement agency that seized that property where the use of the property is reasonably related to the law enforcement duties of the seizing agency. If the seized property is a motor vehicle which is inappropriate for use by the law enforcement agency due to style, size or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value of the vehicle for activities reasonably related to law enforcement duties.


(ii) Eighty percent (80%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited; the balance shall go to the department of attorney general for purposes related to law enforcement.


(3) At the conclusion of any criminal matter brought under this chapter any property seized pursuant to this chapter containing a counterfeit trademark, service mark, copyrighted or registered design shall be destroyed unless the owner of the trademark, service mark, or identification mark gives prior written consent to the use or sale of the property and the trademark, service mark, or identification mark is obliterated or removed from the property prior to the disposition of it.


CREDIT(S)


P.L. 1997, ch. 53, § 1;P.L. 1997, ch. 100, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-1. Giving false document to agent, employee, or public official


(a) No person shall knowingly give to any agent, employee, servant in public or private employ, or public official any receipt, account, or other document in respect of which the principal, master, or employer, or state, city, or town of which he or she is an official is interested, which contains any statement which is false or erroneous, or defective in any important particular, and which, to his or her knowledge, is intended to mislead the principal, master, employer, or state, city, or town of which he or she is an official.


(b) Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned, with or without hard labor, for a term not exceeding one year or be fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1905, ch. 1219, §§ 3, 4.


Codifications: G.L. 1909, ch. 349, §§ 23, 24; G.L. 1923, ch. 401, §§ 23, 24; G.L. 1938, ch. 612, §§ 23, 24.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-1.1. Fraudulent insurance claims for stolen motor vehicles


Any person who knowingly and with criminal intent shall file a fraudulent claim with an insurance company for the purpose of securing money based on a claim of a stolen motor vehicle when, in fact, the motor vehicle did not exist or was not stolen, shall be guilty of a felony punishable by imprisonment for not more than five (5) years, or by a fine of not more than ten thousand dollars ($10,000), or both.


CREDIT(S)


P.L. 1983, ch. 221, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-1.2. False statement to obtain replacement public assistance check or authorization


Any person who shall knowingly and intentionally file or cause to be filed with the department of human services, or any employee or agent of the department, any statement or affidavit in writing which is false or erroneous, or defective in any important particular, and which, to his or her knowledge, is intended to report that one or more public assistance benefit checks or authorizations issued pursuant to chapter 6 of title 40, has been lost, destroyed, or stolen and is intended to induce or cause the department or its employees or agents, to issue a replacement check or authorization, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five thousand dollars ($5,000), or both, if the total value of the replacement checks or authorization(s) so issued in any period of twelve (12) consecutive months shall exceed five hundred dollars ($500), or shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or both, if the value of the replacement check or authorization so issued shall not exceed five hundred dollars ($500). All criminal actions for any violation of this section shall be prosecuted by the attorney general. The statement or affidavit shall contain language notifying the signer, in conspicuous language, that any false statement on the statement or affidavit is punishable by up to five (5) years imprisonment and a five thousand dollar ($5,000) fine.


CREDIT(S)


P.L. 1989, ch. 237, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-1.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-1.3. False statement to fraudulently obtain license or registration


Any person who shall knowingly and intentionally prepare, file or cause to be filed with the division of motor vehicles, or any employee or agent of the division of motor vehicles, any application, statement or affidavit in writing which is knowingly false in any important particular, and which, to his or her knowledge, is intended to fraudulently induce or cause the department or its employees or agents, to issue a registration or license, shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 2010, ch. 148, § 1, eff. June 25, 2010; P.L. 2010, ch. 150, § 1, eff. June 25, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-2. False information to registrar of vital statistics


Every person who shall knowingly furnish or cause to be furnished to the registrar of vital statistics of any city or town false information concerning any birth, marriage, death and/or divorce shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding five hundred dollars ($500), or imprisoned not exceeding one year, or both.


CREDIT(S)


P.L. 1949, ch. 2310, § 1.


Codifications: G.L. 1938, ch. 610, § 46.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-3. Fraudulent notice to newspaper of birth, marriage, or death


Every person who shall willfully send to the publishers of any newspaper, for the purpose of publication, a fraudulent notice of the birth of a child or of the marriage of any persons or of the death of any person, shall be fined not exceeding one hundred dollars ($100).


CREDIT(S)


Codifications: G.L. 1896, ch. 281, § 27; G.L. 1909, ch. 347, § 28; G.L. 1923, ch. 399, § 27; G.L. 1938, ch. 610, § 27.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-4. Concealment of birth out of wedlock


Every woman who shall conceal the birth of any issue of her body, which, if it were born alive, would be born out of wedlock, so that it may not be known whether it was born dead or alive, or shall conceal the death of any infant child born of her body out of wedlock, so that it may not be known whether the child was murdered or not, shall be imprisoned not exceeding ten (10) months or be fined not exceeding three hundred dollars ($300).


CREDIT(S)


P.L. 1926, ch. 858, § 1.


Codifications: G.L. 1896, ch. 281, § 10; G.L. 1909, ch. 347, § 10; G.L. 1923, ch. 399, § 10; G.L. 1938, ch. 610, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-5. Misrepresentation of circulation of periodical


Every proprietor or publisher of a newspaper or periodical, or any agent or employee of the proprietor or publisher, who shall knowingly misrepresent the circulation of the newspaper or periodical for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1905, ch. 1251, § 1.


Codifications: G.L. 1909, ch. 349, § 43; G.L. 1923, ch. 401, § 43; G.L. 1938, ch. 612, § 41.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-6. False financial statement to obtain loan or credit


No person shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself or herself, or any other person, firm, or corporation in whom he or she is interested, or for whom he or she is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale, or endorsement of a bill of exchange, or promissory note, for the benefit of either himself or herself or of such person, firm, or corporation.


CREDIT(S)


P.L. 1912, ch. 809, § 1.


Codifications: G.L. 1923, ch. 401, § 53; G.L. 1938, ch. 612, § 50.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-7. Procuring loan or credit on faith of false statement


No person knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself or herself, or the person, firm, or corporation in which he or she is interested, or for whom he or she is acting, shall procure, upon the faith of the statement, for the benefit either of himself or herself, or of such person, firm, or corporation, either or any of the things of benefit as provided in § 11-18-6.


CREDIT(S)


P.L. 1912, ch. 809, § 2.


Codifications: G.L. 1923, ch. 401, § 54; G.L. 1938, ch. 612, § 51.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-8. False representations as to continuing truth of financial statements


No person knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay, of himself or herself or the person, firm, or corporation, in which he or she is interested, or for whom he or she is acting, shall represent on a later day, either orally or in writing, that the statement previously made, if then again made on that day, would be then true, when in fact, that statement if then made would be false, and procure upon the faith of it, for the benefit either of himself or herself or of the person, firm, or corporation, either or any of the things of benefit as provided in § 11-18-6.


CREDIT(S)


P.L. 1912, ch. 809, § 3.


Codifications: G.L. 1923, ch. 401, § 55; G.L. 1938, ch. 612, § 52.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-9. Penalty for financial misrepresentations


Any person violating the provisions of §§ 11-18-6 - 11-18-8 shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1912, ch. 809, § 4.


Codifications: G.L. 1923, ch. 401, § 56; G.L. 1938, ch. 612, § 53.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-10. False statements in advertising


(a) No person, firm, corporation, or association with intent to sell or in any way dispose of merchandise, securities, service or anything offered by that person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption of or to induce the public in any manner to enter into any obligation relating to the merchandise or service, or to acquire title to it or an interest in it, shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, sign, billboard, bill, circular, pamphlet, or letter, or by means of a photograph, motion pictures, radio, loudspeaker, television, telephone, telegraph, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation, or statement of fact which is untrue and designed to be deceptive or misleading or is intended or designed not to sell the merchandise, securities, service, or anything so advertised at the price stated in it, or otherwise communicated or with intent not to sell the merchandise, securities, service, or anything so advertised.


(b) Any person, firm, corporation, or association who shall violate any of the provisions of this section shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or be imprisoned not more than ninety (90) days, or shall suffer both fine and imprisonment.


CREDIT(S)


P.L. 1914, ch. 1073, § 1; P.L. 1928, ch. 1199, § 1; P.L. 1956, ch. 3761, § 1.


Codifications: G.L. 1923, ch. 401, § 57; G.L. 1938, ch. 612, § 54.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-11. Immunity of publishers and advertising media


The provisions of § 11-8-10 shall not apply to any radio station, television station, publisher of a newspaper, magazine or other publication or any other recognized advertising media or printer who publishes or prints the advertisement without actual knowledge of its falsity. The fact of the publishing or printing of the advertisement shall not be prima facie evidence of actual knowledge of falsity or deceptiveness.


CREDIT(S)


P.L. 1956, ch. 3761, § 1.


Codifications: G.L. 1938, ch. 612, § 54.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-12. Injunction of false advertising


When it appears to the director of business regulation of the state of Rhode Island that any person, firm, corporation, or association is violating any of the provisions of § 11-18-10, the director of business regulation may cause to be instituted an action, commenced in the name of the director of business regulation in his capacity as director of business regulation, to enjoin the violation in the superior court and the court shall have jurisdiction to enjoin and/or restrain any person, firm, corporation or association from violating any of the provisions of § 11-18-10 without regard to whether criminal proceedings have been or may be instituted.


CREDIT(S)


P.L. 1956, ch. 3761, § 1.


Codifications: G.L. 1938, ch. 612, § 54.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-13. Deception in sale of fuels and lubricants


It shall be unlawful for any person, firm, or corporation, to store, sell, expose for sale, or offer for sale, any liquid fuels, lubricating oils, or other similar products, in any manner whatsoever, so as to deceive or tend to deceive the purchaser as to the nature, quality, and identity, of the product so sold or offered for sale.


CREDIT(S)


P.L. 1928, ch. 1189, § 1.


Codifications: G.L. 1938, ch. 608, § 51.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-14. Sale of fuels and lubricants other than those shown by trade name on container


It shall be unlawful for any person, firm, or corporation, to store, keep, expose for sale offer for sale, or sell, from any tank or container, or from any pump, or other distributing device or equipment, any liquid fuels, lubricating oils, or other similar products other than those indicated by the name, trade name, symbol, sign, or other distinguishing mark, or device, of the manufacturer or distributor, appearing upon the tank, container, pump, or other distributing equipment, from which the products are sold, offered for sale, or distributed.


CREDIT(S)


P.L. 1928, ch. 1189, § 2.


Codifications: G.L. 1938, ch. 608, § 52.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-15. Imitation of trade symbols of fuels and lubricants


It shall be unlawful for any person, firm, or corporation, to disguise or camouflage that person's or firm's own equipment, by imitating the design, symbol or trade name of the equipment under which recognized brands of liquid fuels, lubricating oils, and similar products are generally marketed.


CREDIT(S)


P.L. 1928, ch. 1189, § 3.


Codifications: G.L. 1938, ch. 608, § 53.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-16. Sale of fuels and lubricants under false trademark or name--Adulteration


It shall be unlawful for any person, firm, or corporation, to expose for sale, offer for sale, or sell under any trademark or trade name in general use, any liquid fuels, lubricating oils, or other like products, except those manufactured or distributed by the manufacturer or distributor marketing liquid fuels, lubricating oils, or other like products, under the trademark or trade name, or to substitute, mix, or adulterate, the liquid fuels, lubricating oils, or other similar products, sold, offered for sale, or distributed, under the trademark or trade name.


CREDIT(S)


P.L. 1928, ch. 1189, § 4.


Codifications: G.L. 1938, ch. 608, § 54.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-17. Delivery of fuels and lubricants into container bearing false trade name


It shall be unlawful for any person, firm, or corporation, to aid or assist any other person, firm, or corporation, in the violation of §§ 11-18-13 - 11-18-16 by depositing or delivering into any tank, receptacle, or other container, any other liquid fuels, lubricating oils, or like products, than those intended to be stored in and distributed from it, as indicated by the name of the manufacturer or distributor or the trademark or trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection with it.


CREDIT(S)


P.L. 1928, ch. 1189, § 5.


Codifications: G.L. 1938, ch. 608, § 55.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-18. Penalty for violations with respect to fuels and lubricants


Any person, firm, or corporation or any officer, agent, servant, or employee who shall violate any provision of §§ 11-18-13 - 11-18-17 shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300), or be imprisoned ninety (90) days, or shall suffer both fine and imprisonment, and each separate sale or attempt to sell in violation of these provisions shall be deemed a separate offense.


CREDIT(S)


P.L. 1928, ch. 1189, § 6.


Codifications: G.L. 1938, ch. 608, § 56.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-19. Repealed by P.L. 2001, ch. 319, § 1, eff. July 13, 2001



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-20. Obtaining vehicles with intent to defraud


(a) By trick or false representation. Whoever with intent to defraud the owner or any person lawfully possessing any motor vehicle obtains the custody of the motor vehicle by trick, deceit, fraudulent or willful false representation, shall be guilty of a misdemeanor and punished as provided in this section.


(b) Hiring with intent to defraud. Whoever with intent to defraud the owner or any person lawfully possessing any motor vehicle, or the rental of a motor vehicle, hires a vehicle from the owner, or the owner's agents or any person in lawful possession of it, shall, upon conviction, be deemed guilty of a misdemeanor. The absconding without paying or offering to pay the hire shall be prima facie evidence of fraudulent intent.


(c) Failure to redeliver hired vehicle. Whoever, after hiring a motor vehicle under an agreement to redeliver the vehicle to the person letting the motor vehicle or that person's agent, at the termination of the period for which it was let, shall, without the consent of that person or those persons and with intent to defraud, abandon, or willfully refuse or neglect to redeliver the vehicle as agreed shall, upon conviction, be guilty of a misdemeanor. The failure to return the motor vehicle within seventy-two (72) hours of the time agreed shall be prima facie evidence of fraudulent intent and the vehicle shall be considered “stolen” for purposes of reporting the offense to the local police.


(d) Tampering with mileage device. Whoever, after hiring a motor vehicle from any person or persons under an agreement to pay for the use of the motor vehicle a sum of money determinable either in whole or in part upon the distance the motor vehicle travels during the period for which hired, removes, attempts to remove, tampers with, or attempts to tamper with or otherwise interfere with any odometer or other mechanical device attached to the hired motor vehicle for the purpose of registering the distance the vehicle travels, with the intent to deceive the person or persons letting the vehicle or their lawful agent as to the actual distance traveled, shall, upon conviction, be deemed guilty of a misdemeanor. Any person who shall knowingly aid, abet or assist another in violating the provisions of this subsection shall be proceeded against as a principal or as an accessory before the fact, and, upon conviction, shall suffer the same punishment as that to the principal offender is subject. Any person violating the provisions of this subsection may be charged with a violation in the city or town or county, as the case may be, where the odometer or other mechanical device:


(1) Is removed, or attempted to be removed, or tampered with; or attempted to be tampered with, or is otherwise interfered with;


(2) Where the persons knowingly aid, abet, or assist another to so remove, tamper with or otherwise interfere with the odometer or other mechanical device; or


(3) Where any part of the motor vehicle upon which is attached the odometer or other mechanical device is removed or attempted to be removed.


(e) Penalty. Any person convicted of violation of any provision of subsection (a), (b), (c) or (d) of this section shall be imprisoned for a term of not more than one year, or by a fine not to exceed five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1965, ch. 179, § 2; P.L. 1997, ch. 78, § 1.


Codifications: G.L. 1896, ch. 279, § 40; G.L. 1909, ch. 345, § 44; G.L. 1923, ch. 397, § 44; G.L. 1938, ch. 608, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-20.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-20.1. Possession of false identification


The possession of a motor vehicle operator's license card or other documents commonly used to identify the bearer containing a photograph of the possessor, but with the name, or date of birth of a person other than that of the possessor, shall be punishable by a fine of not more than five hundred dollars ($500).


CREDIT(S)


P.L. 2002, ch. 106, § 2;P.L. 2002, ch. 148, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-21. Cheating of coin-operated devices


Whoever: (1) operates or causes to be operated, or attempts to operate or to cause to be operated, any automatic vending machine, slot machine, turnstile, meter, register, coin-box telephone, or other receptacle designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property, transportation, or other service, by means of a slug or any false, counterfeited, mutilated, or sweated coin or by any means, method, trick, or device whatsoever not lawfully authorized by the owner, lessee, or licensee of the machine, turnstile, meter, register, coin-box telephone, or receptacle; or (2) takes, obtains, or receives from or in connection with any automatic vending machine, slot machine, turnstile, meter, register, coin-box telephone, or other receptacle designed to receive lawful coins of the United States in connection with the sale, use, or enjoyment of property or service, any goods, wares, merchandise, transportation, gas, electric current, article of value, or the use or enjoyment of any transportation or any telephone or telegraph facilities or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to the machine, turnstile, coin-box telephone, or other receptacle lawful coin to the amount required by the owner, lessee, or licensee of the machine, turnstile, coin-box telephone, or receptacle, shall be punished by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than thirty (30) days, or both.


CREDIT(S)


P.L. 1932, ch. 1891, § 1.


Codifications: G.L. 1923, ch. 397, § 76; G.L. 1938, ch. 608, § 84.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-22


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-22. Manufacture or distribution of slugs


Whoever manufactures for sale, advertises for sale, sells, offers for sale, or gives away any slug, device, or substance whatsoever, designed or calculated to be placed or deposited in any automatic vending machine, slot machine, turnstile, meter, register, coin-box telephone, or other receptacle, depository, or contrivance, designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property or service, with the intent that the slug, device, or substance shall be used to cheat or defraud the person entitled to the contents of the machine, turnstile, meter, register, coin-box telephone, or other the receptacle, depository, or contrivance, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one year, or both.


CREDIT(S)


P.L. 1932, ch. 1891, § 1.


Codifications: G.L. 1923, ch. 397, § 77; G.L. 1938, ch. 608, § 85.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-23


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-23. Defacement or alteration of manufacturer's serial number


Any person is guilty of a misdemeanor who:


Any person who: (1) willfully removes, defaces, covers, alters, or destroys the manufacturer's serial number or any other distinguishing number or identification mark on any machine or any electrical or mechanical device for the purpose of preventing the detection of a crime or defrauding the manufacturer or any seller or any purchaser of the machine or the electrical or mechanical device; or (2) being a dealer in merchandise or the agent, employee, or representative of a dealer, knowingly buys, sells, receives, disposes of, conceals, or knowingly has in his or her possession any machine or any electrical or mechanical device from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed for a purpose specified in subdivision (1) of this section, is guilty of a misdemeanor.


CREDIT(S)


P.L. 1951, ch. 2704, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-24


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-24. Penalty for serial number violations


Every person convicted of a misdemeanor for the violation of any provision of § 11-18-23 shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one year, or by both fine and imprisonment.


CREDIT(S)


P.L. 1951, ch. 2704, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-25


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-25. Concealment or transfer of property with intent to defraud creditors


Every person who, while insolvent, shall, with intent to defraud his or her creditors, remove from out of the state, secrete, or unlawfully transfer or otherwise dispose of any property belonging to his or her estate, which is not exempt from attachment by law, or who, having made an assignment for the benefit of creditors, shall secrete, destroy, or withhold from his or her assignee any books, deeds, documents, or writings relating to the property, shall, upon conviction of the offense, be imprisoned not exceeding two (2) years.


CREDIT(S)


P.L. 1902, ch. 1000, § 1.


Codifications: G.L. 1896, ch. 279, § 67; G.L. 1909, ch. 345, § 70; G.L. 1923, ch. 397, § 70; G.L. 1938, ch. 608, § 77.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-26


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-26. Obtaining food or accommodations with intent to defraud


(a) Every person who shall obtain credit or accommodation at any hotel, inn, restaurant, boarding house, or lodging house by means of any false pretense, or who, with intent to defraud the proprietor, or the proprietor's agent or servant, obtains any credit or accommodation at a hotel, inn, restaurant, boarding house or lodging house, without paying, shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding thirty (30) days.


(b) Proof that lodging, food or other accommodation was obtained by false or fictitious showing or pretense of baggage, or that the person refused or neglected to pay for the food, lodging, or other accommodation, or removed or caused to be removed his or her baggage from the premises, without paying for the food, lodging, or other accommodation, shall be presumptive evidence of the fraudulent intent referred to in subsection (a) of this section; but this provision shall not apply where there has been a special agreement for delay in payment.


CREDIT(S)


P.L. 1927, ch. 1047, § 1.


Codifications: G.L. 1896, ch. 279, § 51; G.L. 1909, ch. 345, § 54; G.L. 1923, ch. 397, § 54; G.L. 1938, ch. 608, § 62.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-27


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-27. Sale of false diplomas or certificates


Any person who unlawfully sells, buys, creates, duplicates, alters, gives, or obtains or attempts to buy, sell, create, duplicate, alter, give, or obtain a diploma or certificate of enrollment, conferred by an accredited institution of education in any country, with the intent to use fraudulently the document or to allow the fraudulent use of the document, shall be guilty of a felony and upon conviction shall be sentenced for not more than two (2) years in jail or fined not more than five thousand dollars ($5,000).


CREDIT(S)


P.L. 1952, ch. 2895, § 1; P.L. 1990, ch. 104, § 1.


Codifications: G.L. 1938, ch. 612, § 62.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-28


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-28. False animal registrations and pedigrees


Every person who by any false pretense shall obtain from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals, the registration of any animal in the herd register or other register of the club, association, society or company, or who knowingly shall obtain a transfer of that registration, and every person who shall knowingly give a false pedigree of any animal, upon conviction, shall be punished by imprisonment for a term not exceeding one year, or by a fine not exceeding five hundred dollars ($500), or both.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 19; G.L. 1909, ch. 345, § 19; G.L. 1923, ch. 397, § 19; G.L. 1938, ch. 608, § 19.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-29


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-29. Fraudulent stock certificates


Every president, secretary, cashier, treasurer, or other officer or agent of any incorporated company or institution, who shall fraudulently issue any stock or certificate of stock of the company or institution, shall be fined not less than one thousand dollars ($1,000) and shall be imprisoned not exceeding ten (10) years, nor less than one year.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 20; G.L. 1909, ch. 345, § 20; G.L. 1923, ch. 397, § 20; G.L. 1938, ch. 608, § 20.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-30


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-30. Prearranged funerals--Receipt of money with intent to defraud


No person may arrange, promote, enter into, or sell any funeral service contract on behalf of a funeral service establishment unless the person is an embalmer or funeral director licensed in accordance with the provisions of chapter 33.2 of title 5. All monies received under these contracts shall be placed into segregated escrow accounts and marked accordingly. Any funeral director or licensed employee who receives monies under the contracts with intent to defraud the purchaser shall, upon conviction, be imprisoned for not more than one year or fined not more than one thousand dollars ($1,000). Failure to hold such monies under the contract in segregated escrow accounts shall be prima facie evidence of the intent to defraud.


CREDIT(S)


P.L. 1982, ch. 382, § 1; P.L. 1990, ch. 103, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-31


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-31. Solicitation in name of law enforcement agency


(a) No professional solicitor shall solicit money from any individual or business in the name of any law enforcement agency or any organization which would reasonably appear to be affiliated in any way with any law enforcement agency or personnel. For the purposes of this section, “professional solicitor” means any firm or corporation or any person other than a sworn police officer or retired police officer in the agency or organization for which the solicitation is being made, who, for compensation or other consideration, solicits contributions for or on behalf of another.


(b) No person shall solicit money in the name of any law enforcement agency or any organization which would reasonably appear to be affiliated in any way with any law enforcement agency or personnel, unless notification is given to the superintendent of the state police and the police chief of the municipality in which solicitations shall be conducted.


(c) Only sworn police officers and retired police officers shall solicit money in the name of any law enforcement agency or any organization which would reasonably appear to be affiliated in any way with any law enforcement agency or personnel. Every sworn police officer and retired police officer so soliciting shall identify himself or herself by name, rank, department and status as an active or retired police officer to each person solicited. If the solicitation is done by telephone, the same officer or retired officer who makes the telephone solicitation shall personally appear before the donor to accept the donation.


(d) Any person, firm, or corporation violating the provisions of this section shall be punished by imprisonment not exceeding two (2) years and/or fined in an amount not exceeding two thousand dollars ($2,000).


CREDIT(S)


P.L. 1983, ch. 208, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-32


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-32. Video, audio and publication rentals


(a) It shall be unlawful for any person to reveal, transmit, publish, or disseminate in any manner, any records which would identify the names and addresses of individuals, with the titles or nature of video films, records, cassettes, or the like, which they purchased, leased, rented, or borrowed, from libraries, book stores, video stores, or record and cassette shops or any retailer or distributor of those products, whether or not the identities and listings are kept in a remote computing service or electronic storage or the disclosure is made through or by a remote computing service. It shall not be unlawful to make disclosures to other employees of the library or business incident to the normal course of their work or pursuant to lawful compulsion.


(b) All records of such transactions shall be maintained as confidential and may only be released by written waiver.


(c) Any person, firm, or corporation violating the provisions of this section shall be punished by a fine in an amount not exceeding one thousand dollars ($1,000) per violation, or by imprisonment not exceeding six (6) months, or both.


(d) Any person injured as a result of a violation of this section may bring a civil action against the violator for actual damages or two hundred fifty dollars ($250), whichever is greater, for each violation, plus reasonable attorneys' fees and court costs.


CREDIT(S)


P.L. 1988, ch. 94, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-18-33


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 18. Fraud and False Dealing

§ 11-18-33. Defrauding the administration of a drug or alcohol test


(a) As used in this section, “defraud the administration of a drug or alcohol test” means to submit a substance that purports to be from a person other than its actual source, or purports to have been excreted or collected at a time other than when it was actually excreted or collected, or to otherwise engage in conduct intended to produce a false or misleading outcome of a test for the presence of alcohol or a chemical, drug or controlled dangerous substance, or metabolite of a drug or controlled dangerous substance, in the human body. It shall specifically include, but not be limited to, the furnishing of urine with the purpose that the urine be submitted for urinalysis as a true specimen of a person.


(b) Any person who offers for sale or rental, or who manufactures, markets, sells, transfers or gives to any person, any instrument or tool, devise or substance adapted, designed or commonly used to defraud the administration of a drug or alcohol test with the intent to defraud the administration, is guilty of a misdemeanor and subject to imprisonment for up to one year and a fine of one thousand dollars ($1,000), or both.


(c) Any person who knowingly defrauds the administration of a drug or alcohol test that is administered as a condition of monitoring a person on bail, in custody or on parole, probation or pretrial intervention, or any other form of supervision administered in connection with a criminal offense or juvenile delinquency matter, is guilty of a misdemeanor and subject to imprisonment for up to one year and a fine of one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 2009, ch. 120, § 1, eff. July 16, 2009; P.L. 2009, ch. 141, § 1, eff. July 16, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-1. Forms of gambling prohibited


Every person who shall, directly or indirectly, set up, put forth, carry on, promote, or draw, publicly or privately, any lottery, chance, game, or device of any nature or kind whatsoever, or by whatsoever name it may be called, for the purpose of exposing, setting for sale or disposing of any money, houses, lands, merchandise, or articles of value, or shall sell or expose to sale lottery policies, purporting to be governed by the drawing of any public or private lottery, or shall sign or endorse any book, document, or paper whatsoever, for the purpose of enabling others to sell, or expose to sale, lottery policies, except as authorized in this chapter and in title 41 and chapters 61 and 61.2 of title 42, shall be deemed guilty of a felony and shall be imprisoned not exceeding two (2) years or be fined not exceeding two thousand dollars ($2,000).


CREDIT(S)


P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1; P.L. 1979, ch. 389, § 1; P.L. 1980, ch. 406, § 4; P.L. 1982, ch. 72, § 1; P.L. 1983, ch. 279, § 1; P.L. 1993, ch. 84, § 1.


Codifications: G.L. 1896, ch. 283, § 1; G.L. 1909, ch. 349, § 1; G.L. 1923, ch. 401, § 1; G.L. 1938, ch. 612, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-1.1. Lotteries permitted


(a) Any state, city, town, ward, or district committee elected pursuant to the provisions of title 17 or certified candidates, but not both, as defined in title 17, shall be allowed to conduct that lottery commonly known as a “twenty (20) week club” or conduct a raffle once within a twelve (12) month period subsequent to notification to the Rhode Island lottery commission. For the purposes of this section a “certified candidate” does not include any state, city, town, ward, or district committee person.


(b) Credit unions may conduct “savings promotion raffles” as authorized by § 19-5-29.


CREDIT(S)


P.L. 1993, ch. 84, § 2; P.L. 2010, ch. 222, § 3, eff. June 25, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-2. Unauthorized sale of lottery tickets


Every person not authorized by the Rhode Island state police who shall sell or expose to sale any ticket, or certificate in the nature of a ticket, or share in any ticket or certificate in the nature of a ticket, in any lottery set up within or without this state, shall be fined for every such ticket, certificate or share of the ticket or certificate by that person sold or exposed to sale not exceeding fifty dollars ($50.00).


CREDIT(S)


P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1896, ch. 283, § 2; G.L. 1909, ch. 349, § 2; G.L. 1923, ch. 401, § 2; G.L. 1938, ch. 612, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-3. Instruments given for lottery tickets void


All notes, obligations, securities, or promises whatsoever, given for the purchase of any lottery ticket or certificate, lottery policy, or of any document or paper taken or received for the purpose of enabling others to sell or dispose of lottery tickets or lottery policies, shall be null and void.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 3; G.L. 1909, ch. 349, § 3; G.L. 1923, ch. 401, § 3; G.L. 1938, ch. 612, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-4. Recovery of lottery ticket value by holder


The purchaser or receiver of any lottery ticket or certificate in the nature of a lottery ticket, or share in either, not authorized by the Rhode Island state police whether it shall have been paid for in money, or however received, even though by way of gift, for the purpose of enabling the seller or giver to dispose of any article or piece of property, real, personal, or mixed, shall recover back the amount paid by him or her, or the value at which, according to the proof, the ticket or certificate may be reckoned in the transaction, as the case may be, from the person from whom the ticket or policy was purchased or received, in an action of the case for money had and received.


CREDIT(S)


P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1896, ch. 283, § 4; G.L. 1909, ch. 349, § 4; G.L. 1923, ch. 401, § 4; G.L. 1938, ch. 612, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-5. Acts in aid of policy game


Whoever not authorized by the Rhode Island state police keeps, sets up, promotes, or is concerned as owner, agent clerk, or in any other manner, in managing any policy-lottery or policy-shop, or writes, prints, sells, transfers, or delivers any ticket, certificate, slip, bill, token, or other device purporting or designed to guarantee or assure to any person, or to entitle any person to a chance of drawing or obtaining any prize or thing of value to be drawn in any lottery, or in the game or device commonly known as policy-lottery or policy, or for that person or another person writes, prints, sells, or transfers or delivers, or has in his or her possession for the purpose of sale, transfer, or delivery, or in any way aids in selling, exchanging, negotiating, transferring, or delivering, a chance or ticket in any lottery, or in the game or device commonly known as policy-lottery or policy, or any such bill, slip, certificate, token, or other device, or who sells or offers to sell what are commonly called lottery-policies, or who endorses a book or other document, for the purpose of enabling others to sell or offer to sell lottery-policies, or shall receive, register, record, forward or purport or pretend to forward, or undertake to forward, or receive, and agree to forward, to or for a lottery, or to or for any particular lottery, or to any person, within or without this state, any money, thing, or consideration of value, to purchase an interest or share in any lottery, or to obtain or secure for any person what is commonly called a lottery-policy, or a chance of drawing or obtaining any prize or thing of value to be drawn in any lottery, or in the game or device commonly called policy-lottery or policy, or who shall receive or offer to receive any money, thing, or consideration of value to be forwarded to or for a lottery, or to or for any particular lottery, or to any person to invest in a lottery within or outside this state, whether it actually exists or not, or whether any drawing of it, or any act to allot any prize or thing of value, takes place or not, or whether there is any such person or not, or whoever shall have in his or her possession, knowingly, any bill, slip, certificate, token, or other device, or article of any kind such as is used in carrying on, promoting, or playing the game commonly known as policy-lottery or policy, shall, upon conviction, be punished by fine not exceeding five hundred dollars ($500) or imprisonment not exceeding one year, and upon a second conviction of a violation of this section shall be imprisoned for a period not less than one nor more than five (5) years. Provided, that the prohibition against possession of these items shall not apply to lottery tickets of any kind if the state of origin of the tickets or devices has legally authorized its issuance or sale.


CREDIT(S)


P.L. 1909, ch. 376, § 1; P.L. 1972, ch. 50, § 1; P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1896, ch. 283, § 28; G.L. 1909, ch. 349, § 37; G.L. 1923, ch. 401, § 37; G.L. 1938, ch. 612, § 36.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-6. Possession of policy devices as evidence of knowledge


The possession, by any person not authorized by the Rhode Island state police other than a public official in the course of his or her duty, of any bill, slip, certificate, token, or other device, or article of any kind such as is used in carrying on, promoting, or playing the game commonly known as lottery-policy or policy, shall be presumptive evidence of possession of that item knowingly and in violation of § 11-19-5.


CREDIT(S)


P.L. 1909, ch. 376, § 2; P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1923, ch. 401, § 37; G.L. 1938, ch. 612, § 36.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-7. Judicial notice of policy methods


Any court or magistrate having criminal jurisdiction may take judicial notice of the general methods and character of lotteries, policy-lotteries, of the game called policy, pools, or combination bets, and the buying and selling of pools and registering of bets, not authorized by the Rhode Island state police.


CREDIT(S)


P.L. 1909, ch. 376, § 3; P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1923, ch. 401, § 37; G.L. 1938, ch. 612, § 36.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-8. Policy devices as evidence of existence of game


In the trial of a complaint or indictment to which it may be relevant any lottery, policy, or pool ticket, certificate, slip, or check, manifold, or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, materials, or articles of a character commonly employed in or in connection with lotteries, policy-lotteries, or policy, the buying or selling of pools, or registering of bets, or other form of gaming not authorized by the Rhode Island state police shall be prima facie evidence of the existence and unlawful character of a lottery, policy-lottery, or game, pool or pools, bet, game, or hazard, or other form of gaming in which like articles are commonly used, and that the article has relation to it.


CREDIT(S)


P.L. 1909, ch. 376, § 3; P.L. 1975, ch. 41, § 1; P.L. 1979, ch. 309, § 1.


Codifications: G.L. 1923, ch. 401, § 37; G.L. 1938, ch. 612, § 36.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-9. Illegal trading stamps and coupons


All schemes and devices by which any person or corporation shall sell, give, or distribute any stamp, trading-stamp, cash discount stamp, amusement stamp, check, coupon, or other similar device to any purchaser of goods, wares, or merchandise, which will entitle the holder of the stamp, trading-stamp, cash discount stamp, amusement stamp, check, coupon, or other similar device, on presentation of it, either singly or in definite numbers, to receive either directly from the vendor or indirectly through any other person or corporation, some indefinite and undescribed article, the nature and value of which are unknown to the purchaser of the goods, wares, and merchandise at the time of the purchase of the merchandise, are declared to partake so much of the nature of a lottery as to be detrimental to the public morals, and are declared to be illegal.


CREDIT(S)


P.L. 1901, ch. 842, § 1.


Codifications: G.L. 1909, ch. 349, § 5; G.L. 1923, ch. 401, § 5; G.L. 1938, ch. 612, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-10. Distribution of illegal stamps or coupons


No person or corporation shall sell, give, or distribute any stamp, trading stamp, cash discount stamp, amusement stamp, check, coupon or other similar device, to any purchaser of goods, wares, or merchandise, which will entitle the holder of the stamp, trading-stamp, cash discount stamp, musement stamp, check, coupon, or other similar device, on presentation of it, either singly or in definite numbers, to receive either directly from the vendor or indirectly through any other person or corporation, some indefinite and undescribed article, the nature and value of which are unknown to the purchaser of the goods, wares, and merchandise at the time of their purchase.


CREDIT(S)


P.L. 1901, ch. 842, § 2.


Codifications: G.L. 1909, ch. 349, § 6; G.L. 1923, ch. 401, § 6; G.L. 1938, ch. 612, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-11. Stamps and coupons as inducement to purchase goods


No person or corporation shall, either directly or indirectly, give, sell, or distribute any stamp, trading-stamp, cash discount stamp, amusement stamp, check, coupon, or other similar device with the promise, expressed or implied, as an inducement to the purchase of some article of goods, wares, or merchandise, that the holder of the stamp, trading-stamp, cash discount stamp, amusement stamp, check, coupon, or other similar device is to receive in return, on presentation, some gift, prize, or gratuity, the nature and value of which are unknown to the purchase of the goods, wares, or merchandise at the time of their purchase, the promise to be fulfilled only upon the presentation of the stamp, trading-stamp, cash discount stamp, amusement stamp, check, coupon, or other similar device, together with the number of like stamps, trading-stamps, cash discount stamps, amusement stamps, checks, coupons, or other similar devices, as the issuer or redeemer may elect shall be redeemed at any one time.


CREDIT(S)


P.L. 1901, ch. 842, § 3.


Codifications: G.L. 1909, ch. 349, § 7; G.L. 1923, ch. 401, § 7; G.L. 1938, ch. 612, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-12. Penalty for stamp and coupon violations


Whoever shall violate any provision of §§ 11-19-9--11-19-11 shall be guilty of a misdemeanor, and for each offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for a term not exceeding three (3) months.


CREDIT(S)


P.L. 1901, ch. 842, § 4; P.L. 1931, ch. 1691, § 1.


Codifications: G.L. 1909, ch. 349, § 8; G.L. 1923, ch. 401, § 8; G.L. 1938, ch. 612, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-13. Door prizes exempt


Nothing in §§ 11-19-1 - 11-19-4 or in §§ 11-19-9 - 11-19-11 shall be deemed to prohibit or make illegal the annual or semiannual distribution by chance, of prizes, souvenirs, or favors by any club, society, lodge, or association at its dance, dinner, entertainment, or outing where the distribution is purely incidental to the dance, dinner, entertainment or outing or when the entire net proceeds of the dance, dinner, entertainment or outing is devoted to charity, if the club, society, lodge or association has first obtained the written permission for the distribution, in towns, from the town sergeant, in cities, from the police commission or police commissioner, if there is such an official, otherwise from the chief of police of the town or city where the dance, dinner, entertainment or outing is held, and that permitting authority is authorized to grant the permit when he or she is satisfied that the distribution comes within this section.


CREDIT(S)


P.L. 1931, ch. 1691, § 1.


Codifications: G.L. 1923, ch. 401, § 8; G.L. 1938, ch. 612, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-14. Bookmaking


Except as provided in chapter 4 of title 41, any person who shall engage in pool selling or bookmaking, or shall occupy or keep any room, shed, tenement, tent, or building, or any part of them, or shall occupy any place upon any public or private grounds within this state, with books, apparatus, or paraphernalia for the purpose of recording or registering bets or wagers or of buying or selling pools, or who shall record or register bets or wagers or sell pools upon the result of any trial or contest of skill, speed or power of endurance of man or beast, or upon the result of any political nomination, appointment, or election, or, being the owner or lessee or occupant of any room, tent, tenement, shed, booth, or building, or part of them, knowingly shall permit it to be used or occupied for any of these purposes, or shall keep, exhibit or employ any device or apparatus for the purpose of recording or registering bets or wagers, or the selling of pools, or shall become the custodian or depositary for gain, hire, or reward of any money, property, or thing of value staked, wagered, or pledged or to be wagered or pledged upon the result, or who shall receive, register, record, forward, or purport or pretend to forward to or for any race course, or person, within or outside this state, any money, thing, or consideration of value bet or wagered, or money, thing, or consideration of value offered for the purpose of being bet or wagered upon the speed or endurance of any man or beast; or who shall occupy any place or building or part of it with books, papers, apparatus, or paraphernalia for the purpose of receiving or pretending to receive, or for recording or registering, or for forwarding or pretending or attempting to forward in any manner whatsoever, any money, thing, or consideration of value bet or wagered or to be bet or wagered for any other person, or who shall receive or offer to receive any money, thing, or consideration of value bet or to be bet at any race track within or without this state, or who shall aid, assist or abet in any manner in any of the acts forbidden by this section, shall upon conviction be punished by a fine not exceeding five hundred dollars ($500) or imprisonment not exceeding one year, and upon a second conviction of a violation of this section shall be imprisoned for a period not less than one nor more than five (5) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 27; G.L. 1909, ch. 349, § 36; G.L. 1923, ch. 401, § 36; G.L. 1938, ch. 612, § 35.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-14.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-14.1. Bookmaking at racetrack or fronton--Entry by convicted bookmakers prohibited


(a) Notwithstanding the provisions of § 11-19-14, any person who shall engage in bookmaking activities while on the premises of a racetrack or fronton facility shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000) and/or imprisonment not exceeding five (5) years.


(b) It shall be unlawful for any person who has been convicted of the crime of bookmaking in the state of Rhode Island or other state to enter or visit any racetrack or fronton facility and, upon conviction, that person shall be punished by a fine not to exceed five hundred dollars ($500) and/or imprisonment not exceeding one year.


CREDIT(S)


P.L. 1980, ch. 236, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-15. Betting on horses


Except as provided in chapter 4 of title 41, every person who shall make any bet or lay any wager of any kind upon any horse, to start, run, or trot, shall be fined one hundred dollars ($100).


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 13; G.L. 1909, ch. 349, § 17; G.L. 1923, ch. 401, § 17; G.L. 1938, ch. 612, § 17.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-16. Forfeiture of horses used in unlawful race


Except as provided in title 41, every person who shall knowingly suffer or permit any horse belonging to him or her or of which he or she has the care and charge to start, run, or trot for any bet or wager shall forfeit the horse starting, running, or trotting to the use of the state.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 14; G.L. 1909, ch. 349, § 18; G.L. 1923, ch. 401, § 18; G.L. 1938, ch. 612, § 18.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-17. Invalidity of instruments won in bets on races or fights


All bonds, notes, judgments, mortgages, deeds or other securities, as well as promises, given or made for money, lands, houses, or other property, or article or piece of property, real, personal, or mixed, won at any game, or by betting at any race or fight, or for the repayment of money knowingly lent for such gaming or betting, shall be utterly void.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 16; G.L. 1909, ch. 349, § 20; G.L. 1923, ch. 401, § 20; G.L. 1938, ch. 612, § 20.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-18. Keeping of gambling places or devices--Acting as dealer, banker, or lookout


Every person who shall keep or suffer to be kept any building, room, booth, shed, tent, arbor, or any other place, or any automobile, bus, coach, van, truck, trainer, railway or railroad car, or any other vehicle in any city or town of this state, or in any vessel, boat, or raft upon any of the waters of Narragansett Bay, to be used or occupied for the purpose of gambling, or playing at any game or games of chance of any kind whatsoever, for money or other valuable consideration, or shall keep, exhibit, or suffer to be kept or exhibited upon premises or in a vehicle belonging to that person under his or her control, any cards, dice, table, bowls, wheel of fortune, shuffleboard, or billiard table, or any device, implement, or apparatus whatsoever to be used in gambling or playing at any game or games of chance for money or other valuable consideration, or who shall be guilty of dealing Faro, or banking for others to deal Faro, or acting as lookout, gamekeeper, or assistant for the game of Faro or any other banking game where money or property is dependent on the result, shall be taken and held to be a common gambler and shall be imprisoned not exceeding two (2) years or be fined not exceeding five thousand dollars ($5,000) nor less than five hundred dollars ($500).


CREDIT(S)


P.L. 1956, ch. 3759, § 1.


Codifications: G.L. 1896, ch. 283, § 5; G.L. 1909, ch. 349, § 9; G.L. 1923, ch. 401, § 9; G.L. 1938, ch. 612, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-19. Revocation of license of gambling place


If a person in violation of § 11-19-18 is a tavernkeeper, innholder, retailer, or keeper of any other house or place of public resort which is licensed, that license shall in addition be declared null and void by the court in which he or she shall be convicted.


CREDIT(S)


P.L. 1994, ch. 134, § 4.


Codifications: G.L. 1896, ch. 283, § 6; G.L. 1909, ch. 349, § 10; G.L. 1923, ch. 401, § 10; G.L. 1938, ch. 612, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-20. Inducing others to visit gambling place


Every person who shall, on any pretext whatsoever, invite, entice, persuade, or induce any other person to visit any house, room, or other place kept for the purpose of gambling, with the intent that that other person shall at that place engage in gambling or playing at any game of chance, for money or other valuable consideration, shall be fined not less than five hundred dollars ($500) and be imprisoned one year.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 7; G.L. 1909, ch. 349, § 11; G.L. 1923, ch. 401, § 11; G.L. 1938, ch. 612, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-21. Frequenting gambling place


Every person who shall frequent any gambling house or place where gaming is practiced or carried on, not in the performance of official duty and not being the landlord of that place entering to view the premises, shall be imprisoned not exceeding thirty (30) days.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 19; G.L. 1909, ch. 349, § 28; G.L. 1923, ch. 401, § 28; G.L. 1938, ch. 612, § 27.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-22


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-22. Renting for gambling purposes


Every person who shall let or knowingly permit to be occupied any house, shop, or place belonging to or under the control of that person, to be used as a gambling house or place where gambling is carried on, or as a place where pools are sold, shall be fined not exceeding five hundred dollars ($500).


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 20; G.L. 1909, ch. 349, § 29; G.L. 1923, ch. 401, § 29; G.L. 1938, ch. 612, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-23


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-23. Lease voided by gambling


Every lease of any house, shop, or place used as a gambling house or place where gaming is practiced or carried on, or where pools are bought or sold, shall be void, and no notice to the occupant other than a demand for the possession of the premises, shall be necessary to eject the occupant.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 21; G.L. 1909, ch. 349, § 30; G.L. 1923, ch. 401, § 30; G.L. 1938, ch. 612, § 29.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-24


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-24. Search warrants and forfeitures of gambling apparatus


(a)(1) Search warrants to search for and seize gambling implements, apparatus, paraphernalia, slips, tickets, and other property and devices kept, possessed or used in violation of any of the provisions of this chapter, or as a means of committing a violation of this chapter, may be issued as provided by law in chapter 5 of title 12; and all implements, apparatus, paraphernalia, slips, tickets, or other gambling apparatus or devices found by any officer in executing a search warrant or which shall be produced and brought into court shall be forfeited to the state, and further proceedings shall be had thereon for their forfeiture as is prescribed by law in chapter 21 of title 12 and upon entry of final judgment of forfeiture shall be destroyed by order of the court.


(2) In addition, those items of personal property other than gambling apparatus and devices, including, but not limited to, motor vehicles and money or negotiable instruments which were kept, possessed, or used in violation of any of the provisions of this chapter and which have a monetary value may be seized and forfeited, and further proceedings shall be had for their forfeiture as is prescribed by law in chapter 21 of title 12 and the further provisions of this section; provided, that no property or money used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the property or money had knowledge, actual or constructive, and was a consenting party to the alleged illegal act.


(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever property or money is forfeited under this chapter it shall be utilized as follows:


(1) Where the seized property is a vessel, vehicle, aircraft, or other personal property, it may be retained and used by the law enforcement agency that seized the property where the use of the property is reasonably related to the law enforcement duties of the seizing agency. If the seized property is a motor vehicle which is inappropriate for use by law enforcement agency due to style, size or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade in value of the vehicle towards the purchase of an appropriate vehicle for use for activities reasonably related to law enforcement duties.


(2) The law enforcement agency may sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public. The proceeds from the sale are to be distributed in accordance with subdivision (3) of this subsection.


(3) As to the proceeds from the sale of seized property as referred to in subdivision (2) of this subsection and as to personal property referred to in subsection (a) of this section, the distribution shall be as follows:


(i) All proceeds of the forfeiture of real or personal property shall be distributed as follows:


(A) Twenty percent (20%) of the proceeds shall be provided to the attorney general's department to be used to further law enforcement activities pursuant to this chapter including, but not limited to, investigations, prosecutions, and the administration of this chapter.


(B) Eighty percent (80%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited.


(ii) The law enforcement agencies involved in the investigation with the assistance of the attorney general shall by agreement determine the respective proportionate share to be received by each agency. If the agencies are unable to reach agreement, application shall be made by one or more of the agencies involved to the presiding justice of the superior court, who shall determine the respective proportionate share attributable to each law enforcement agency. The proceeds from all forfeitures shall be held by the general treasurer in a separate account until such time as an allocation is determined by agreement of the agencies or by the presiding justice. It shall be the duty and responsibility of the general treasurer to disburse the allocated funds from the separate account to the respective law enforcement agencies.


CREDIT(S)


P.L. 1912, ch. 835, § 1; P.L. 1950, ch. 2464, § 1; P.L. 1965, ch. 168, § 7; P.L. 1989, ch. 232, § 1; P.L. 1994, ch. 175, § 1;P.L. 1994, ch. 370, § 1.


Codifications: G.L. 1896, ch. 283, § 8; G.L. 1909, ch. 349, § 12; G.L. 1923, ch. 401, § 12; G.L. 1938, ch. 612, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-25


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-25. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-26


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-26. Destruction of apparatus seized


Upon final judgment of forfeiture of implements or apparatus pursuant to § 11-19-24, either in the original or appellate court, or upon forfeiture of the recognizance given by the claimant to prosecute his or her appeal according to law, the court shall order in writing those implements and apparatus to be destroyed by any officer authorized to serve the criminal process of the court, which officer shall make return of his or her doings upon the order to the court as in other cases.


CREDIT(S)


P.L. 1994, ch. 134, § 4.


Codifications: G.L. 1896, ch. 283, § 9; G.L. 1909, ch. 349, § 13; G.L. 1923, ch. 401, § 13; G.L. 1938, ch. 612, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-27


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-27. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-28


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-28. Fees for seizure and removal of gambling apparatus


In addition to the fees allowed by law, the officer who shall serve any warrant for the seizure of any gambling implements or apparatus under the provisions of this chapter shall be allowed the sum of one dollar ($1.00), and for the removing of any gambling implements or apparatus so seized to a place of safety, one dollar ($1.00) and all necessary expenses incurred in removal. These fees shall be included in the bill of costs and taxed by the court.


CREDIT(S)


Codifications: G.L. 1896, ch. 283, § 11; G.L. 1909, ch. 349, § 15; G.L. 1923, ch. 401, § 15; G.L. 1938, ch. 612, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-29


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-29. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-30


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-30. Definitions


The following definitions apply within this chapter:


(a) “Charitable organization” means any benevolent, educational, philanthropic, humane, patriotic, social service, civic, fraternal, police, labor, religious, eleemosynary person, and/or persons holding themselves out to be a charitable organization.


(b) “Charitable purpose” means any benevolent, educational, humane, patriotic, social service, civic, fraternal, police, labor, religious, or eleemosynary purpose, provided that no part of the net earnings inures to the benefit of any private shareholder or individual.


(c) “Department” means the division of state police unless otherwise described.


(d) “Director” means the superintendent of state police or the director's designee.


(e) “Permitted game of chance” means the game commonly known as “Bingo” or “Beano” or substantially the same game under any other name, or a raffle or lottery or that lottery commonly known as a “twenty (20) week club”.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-30.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§§ 11-19-30.1 to 11-19-30.3. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-30.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§§ 11-19-30.1 to 11-19-30.3. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-31


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-31. Registration of charitable organizations


(a) No charitable organization which intends to conduct a permitted game of chance within the state of Rhode Island shall conduct a game unless it shall file a registration statement with the department upon prescribed forms and receives a certificate of approval.


(b) In addition, in order to obtain a renewal of registration, charitable organizations shall file the statements required by this chapter prior to June 1st of each year.


(c) It shall be the duty of the president, chair, or principal officer of a charitable organization to file the statements required under this chapter. These statements shall be sworn to and shall contain the following information:


(1) The name of the organization and the purpose for which it was organized.


(2) The principal address of the organization and the address of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records.


(3) The place where and the date when the organization was legally established and the form of its organization.


(4) The names and addresses of the officers, directors, and/or trustees of the organization and the names and addresses of officers, staff, and/or members who receive a salary or any other form of compensation, the source of which is the proceeds from the permitted games of chance subject to subdivision (9) of this subsection.


(5) A copy of the annual financial statement of the organization audited by an independent public accountant licensed by the state of Rhode Island for the organization's immediately preceding fiscal year, or a copy of a financial statement covering, in a consolidated report, complete information as to all the preceding year's fund-raising from the above-mentioned games showing kind and amount of funds raised, costs and expenses incidental to it, and allocation or disbursements of funds raised.


(6) The general purpose or purposes for which the proceeds from the game shall be used.


(7) The name or names under which it intends to conduct the game.


(8) The names of the individuals or officers of the organization who will have final responsibility for the custody of the proceeds from the game.


(9) A listing of the names, addresses and the compensation of all individuals, directors, officers, agents, servants, and/or employees of the organization who receive compensation, commission, or other remuneration, directly or indirectly, from the gross receipts of such games in excess of seven hundred fifty dollars ($750) annually.


(10) The names of the individuals or officers of the organization responsible for the final distribution of the proceeds. The director or the director's designee shall examine each initial application of charitable organizations for the right to conduct the above-mentioned games and each renewal application of charitable organizations for the right to conduct such games and if found to be in conformity with the requirements of this chapter and all relevant rules and regulations it shall be approved for registration.


(d) The registration forms and any other documents prescribed by the department shall be signed by an authorized officer, an independent public accountant, and by the chief fiscal officer of the charitable organization and shall be verified under oath.


(e) The department shall make or cause to be made any investigation of any applicant that it shall deem necessary. As a result of its investigation and action, the department shall certify to the local police department or local licensing authority its approval or disapproval of the application. No applicant shall be approved if one or more of the following facts is found to exist:


(1) That one or more of the statements in the application are not true;


(2) That the applicant is or has engaged in a fraudulent transaction or enterprise;


(3) That the game would be a fraud upon the public;


(4) That game expenses during any of the three (3) years immediately preceding the date of application have exceeded twenty-five percent (25%) of the total gross money or gross receipts raised or received by reason of the games. In the event special facts or circumstances are presented showing that expenses higher than twenty-five percent (25%) were not unreasonable, the department, pursuant to rule and regulation, has the discretion to allow the higher expenses;


(5) That the expected cost of conducting the games for the specific year for which the application will exceed twenty-five percent (25%) of the total gross money or receipts to be raised or received by reason of the games; or


(6) That the activities to be financed will be incompatible with the health, safety, or welfare of the state of Rhode Island.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1985, ch. 181, art. 23, § 1; P.L. 1985, ch. 321, § 1; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-32


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-32. Operation of bingo games


Any charitable organization approved by the department may promote, carry on, or conduct the game of bingo provided as follows:


(1) The game is conducted by members of the organization; provided, however, that the members shall be permitted to employ one or more persons to carry on or conduct the game who are not members of the organization; and provided, further, that any person who is a member or a worker of the organization which promotes, carries on or conducts the game shall be permitted to be a member or worker of another organization that promotes, carries on or conducts the game of bingo.


(2) No person in the actual or constructive management and control of the game receives any compensation for services connected to the game or receives any compensation from the gross receipts of the game.


(3) The entire net receipts of the game are applied solely to the charitable purposes of the organization. All expenses deducted from gross receipts must be reasonable and related to the actual conduct of the game.


(4) The total amount of all expenses deducted from the gross receipts shall not exceed twenty-five percent (25%) of the total annual gross receipts raised through bingo, not including monies raised through the sale of pull-tab lottery tickets.


(5) The total prizes, in the form of cash and/or retail merchandise including prizes from winner-take-all games, which are offered or awarded do not exceed the sum of seven thousand five hundred dollars ($7,500) in any one night.


(6) The game is carried on or conducted not more than twice in any period of one calendar week under a license issued pursuant to the provisions of § 11-19-37.


(7) That there be only one sponsor for each date of the proposed game and that the game shall be conducted only on the premises affiliated with the organization in conformance with rules and regulations.


(8) That any building in which a game is played or conducted shall be used no more than three (3) times in any calendar week for conducting a game, and that no annex or subdivision of any building shall be permitted to be used to conduct a game in an attempt to increase the number of times the building may be used for bingo purposes.


(9) The organization shall keep and maintain financial records relating to the game in accordance with rules and regulations and have the records available for inspection upon demand.


(10) Payment of a prize in excess of two hundred fifty dollars ($250) shall be made by check.


(11) “Winner-take-all” games are prohibited, with the exception that each organization shall be permitted to play one optional “winner-take-all” game per night.


(12) No person under the age of eighteen (18) years shall be permitted to play the game.


(13) Notwithstanding any regulation to the contrary, any approved charitable organization conducting a lawful game of bingo pursuant to the provisions of this section shall be permitted to advertise their game in print media. As used in this chapter, “advertise” means an advertisement or announcement in print media containing the date, time, and place of the game, the charitable organization sponsoring and/or benefiting from the game, whether the game shall provide for a bonus building/prize pool, and the total amount of the prize pool as set forth in subdivision (14) of this section.


(14) The game may provide for a bonus building/prize pool which would start at five hundred dollars ($500) and increase at one hundred dollar ($100) increments each week until it reaches a maximum amount of one thousand dollars ($1000).


(15) Game workers may be compensated with a non-monetary gift, valued at not more than twenty-five dollars ($25.00) per quarter and/or a total of one hundred dollars ($100) per year. Beverages and food provided without charge to volunteer workers at the game of bingo shall not be considered to be compensation for purposes of the subsection.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1985, ch. 181, art. 23, § 1; P.L. 1993, ch. 84, § 1;P.L. 1995, ch. 96, § 1;P.L. 1996, ch. 380, § 1;P.L. 1998, ch. 447, § 1;P.L. 1999, ch. 439, § 1;P.L. 2005, ch. 356, § 1;P.L. 2005, ch. 419, § 1; P.L. 2011, ch. 337, § 1, eff. July 13, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-32.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-32.1. Senior citizens housing--Bingo allowed


Notwithstanding any other provision of this chapter to the contrary, any organization of senior citizens may promote, carry on or conduct within their own senior citizens housing project, a bingo game, with total daily prizes not to exceed four hundred dollars ($400). The game shall be for recreational purposes and shall be open only to senior citizens who are residents of the housing project where the game is held and their guests. Bingo games shall be limited to three (3) days per calendar week and shall be operated and managed solely by residents of the housing projects.


Admission to a bingo game shall only be by admission ticket which may be purchased only by a resident. Each resident shall be allowed to purchase one ticket for a guest. The guest ticket must clearly indicate that the holder is a guest and must be purchased at least three (3) hours prior to the start of the bingo game.


CREDIT(S)


P.L. 1987, ch. 273, § 1; P.L. 1992, ch. 341, § 1; P.L. 2007, ch. 453, § 1, eff. July 7, 2007; P.L. 2007, ch. 531, § 1, eff. Nov. 8, 2007.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-33


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-33. Bingo games--Announcement of prizes


Prior to each drawing or contest conducted in any game of “bingo” or “beano” as provided in this chapter, the sponsor shall announce or cause to be announced openly and clearly, so as to provide the participants with a clear understanding of the amount to be paid as a prize for each individual drawing or contest in any game of “bingo” or “beano” as provided in this chapter.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-34


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-34. Use of name of charitable organization to conduct permitted games of chance


A charitable organization, within the provisions of § 11-19-30 or 11-19-31, shall not allow or permit any individual, partnership, corporation, or any other entity to utilize the name of the charitable organization for the purpose of conducting or promoting bingo or other permitted games of chance.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-34.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-34.1. Senior citizens housing--Raffles allowed


Notwithstanding any other provision of this chapter to the contrary, any organization of senior citizens may promote, carry on, or conduct within their own senior citizens housing project, a lottery, commonly known as a raffle, with total prizes not to exceed five hundred dollars ($500). Raffles shall be for recreational purposes and shall be open only to senior citizens who are residents of the housing project where the game is held. Raffles shall be limited to three (3) times per year and shall be operated and managed solely by residents of the housing projects.


CREDIT(S)


P.L. 1988, ch. 257, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-35


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-35. Pull-tab lottery tickets


(a) The Rhode Island lottery is empowered to sell and regulate the sale of pull-tab lottery tickets to religious, fraternal, civic, educational, veterans', or charitable organizations. The lottery shall determine, consistent with this section, those organizations that are authorized to sell pull-tab lottery tickets. As part of such determination, the Rhode Island lottery shall require criminal background checks of the applicant and any individual the lottery deems appropriate and said individuals shall apply to the bureau of criminal investigation of the Rhode Island state police or the Rhode Island department of the attorney general for a national criminal records check with fingerprinting. The individual whose criminal records check is being conducted shall be responsible for the payment of the costs of said criminal records check. The Rhode Island state police or the Rhode Island department of attorney general, as applicable, shall send the results of such criminal check to the Rhode Island lottery. Once said results are sent to and received by the Rhode Island Lottery, the Rhode Island state police and the Rhode Island department of attorney general shall promptly destroy said fingerprint record(s). On or before February 1, 2011, the agency shall adopt rules and regulations establishing criteria to be used in determining whether based upon a criminal records check an application will be approved.


(b) The lottery shall insure that the pull tab lottery tickets to be distributed are secured for the purposes under which they are to be sold in terms of concealing the result of the tickets until the time that they are sold to the general public. Consistent with this section, those organizations authorized to sell the tickets are authorized to retain net profits as shall have been provided for by the commission.


(c) Notwithstanding any other section of the general laws to the contrary, pull-tab lottery tickets authorized by this section are declared to be legal.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 2010, ch. 252, § 1, eff. July 1, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-36


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-36. Organizations permitted to conduct other permitted games of chance


Any charitable organization may promote, carry on, or conduct any permitted game of chance authorized by the division of state police in connection with which prizes or prize monies are offered or awarded, provided as follows:


(1) The game is conducted by members of the organization.


(2) No person in the actual or constructive management and control of the game receives any compensation for services connected to the game.


(3) The entire net receipts of the game, including the charges for admission to and participation in the game, are applied solely to the bona fide charitable purposes of the organization.


(4) That the organization is granted a license issued pursuant to the provisions of § 11-19-37.


(5) That the provisions of this section shall not apply to that lottery commonly known as a “twenty-week club” or a raffle conducted by a charitable organization.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-37


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-37. Issuance of licenses


(a) Any charitable organization within the provisions of §§ 11-19-30 and/or 11-19-31 may be granted a license to conduct the game of bingo or other permitted game of chance authorized by the department.


(b) Bingo. A license for the game of bingo shall be obtained as follows:


(1) The charitable organization shall annually apply for approval to the department pursuant to § 11-19-31 and shall pay to the department an application fee of five dollars ($5.00).


(2) Upon the receipt of notification of approval from the department, the charitable organization shall apply to the local licensing authorities upon forms furnished and pay the local licensing fee, if any;


(3) The local licensing authority shall issue the license. A copy of the license shall be forwarded to the department by the local licensing authority;


(4) The local licensing authority shall issue the license for a specific date or dates or a specific day or days during each calendar week;


(5) Within seven (7) calendar days of the completion of every game of bingo, the charitable organization shall file a financial report, upon forms furnished by the department with the department and with the local licensing authority if it so requires.


(c) Other permitted games of chance.


(1) The charitable organization shall apply for approval to the department pursuant to this section and shall pay to the department an application fee of five dollars ($5.00);


(2) Upon the receipt of a notification of approval from the department, the charitable organization shall apply to the local licensing authority upon forms furnished by the department and pay the local licensing fee, if any;


(3) The local licensing authority shall issue the license. A copy of the license shall be forwarded to the department by the local licensing authority;


(4) The local licensing authority shall issue the license for a specific date or specific day or days;


(5) The application for the local license shall be made at least thirty (30) days prior to the date or day for which the license is issued;


(6) Within thirty (30) calendar days of the completion of the permitted game of chance, the charitable organization shall file a financial report upon forms furnished by the department, with the department.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1993, ch. 84, § 1;P.L. 1993, ch. 138, art. 45, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-38


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-38. Change of information


If, subsequent to approval by the department pursuant to § 11-19-31, there is a change in any information furnished by the organization to the department, the organization shall so inform the department within seven (7) days of the change. Failure to inform the department within seven (7) days will result in the automatic suspension of approval for a period of three (3) months.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-39


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-39. Enforcement and penalties


(a) If any charitable organization fails to file any registration application or statement, report, or other information required to be filed by the department under this chapter, or otherwise violates the provisions of this chapter, the department shall notify the delinquent charitable organization, by mailing a notice, certified mail, with return receipt requested, to its last known address. If the required registration application or statement, annual report, or other information is not filed or if the existing violation is not discontinued within ten (10) days after the formal notification or receipt of the notice, the department may cancel, suspend the registration, or refuse to accept a delinquent report from the charitable organization.


(b) The department, upon its own motion or upon complaint of any person, may, if it has reasonable ground to suspect a violation, investigate any charitable organization, to determine whether it has violated the provisions of this chapter or has filed any application or other information required under this chapter which contains false or misleading statements. If the department finds that any application or other information contains false or misleading statements, or that a registrant under this chapter has violated its provisions, the registration may be suspended or cancelled. Any person whose registration is suspended or cancelled may, within fifteen (15) days from the date of written notification of the suspension or cancellation request in writing, a hearing before the department. This hearing shall be held within thirty (30) days from the date of the request. Any person who has exhausted all administrative remedies available within the department in accordance with the Administrative Procedures Act (chapter 35 of title 42), and who is aggrieved by a final decision of the department, is entitled to judicial review in accordance with the provisions of the Administrative Procedures Act (chapter 35 of title 42).


(c) The certificate of approval of any charitable organization which knowingly makes a false or misleading statement in any registration application or statement, report, or other information required to be filed by the department or this chapter shall be revoked.


(d) Any person who willfully and knowingly violates any provisions of this chapter, or who shall willfully and knowingly give false or incorrect information to the department in filing statements or reports required by this chapter, whether the report or statement is verified or not, shall be guilty of a misdemeanor. Upon conviction, that person shall be sentenced for the first offense to pay a fine of not more than one thousand dollars ($1,000), or undergo imprisonment for not more than one year, or both. For the second and any subsequent offense, that person shall pay a fine of not more than five thousand dollars ($5,000), or undergo imprisonment for not more than five (5) years, or both.


(e) Whenever the attorney general shall have reason to believe or the attorney general has been advised by the director (who shall have given due notice and full hearing to the charitable organization) that the charitable organization: (1) is operating in violation of the provision of this chapter; (2) has knowingly and willfully made any false statements in any initial or any renewal application or in any other information required to be filed by this chapter; (3) has failed to file a registration statement required by this chapter; (4) there is employed or is about to be employed by a charitable organization any device, scheme, or artifice to defraud or to obtain money or property by means of any false pretense, representation, or promise; (5) the officers or representatives of any charitable organization failed after notice to produce any records of the organization; or (6) the funds raised by the game are not devoted or will not be devoted to the charitable purposes of the charitable organization; in addition to all other actions authorized by law, the attorney general of the state of Rhode Island may bring an action in the name of the state of Rhode Island against the charitable organization and its officers, or any other person who has violated this chapter to enjoin that charitable organization or person from continuing the violation or doing any acts in furtherance of it, and for any other relief that the court deems appropriate. The court may make any additional orders and/or judgments that may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice in this chapter declared to be unlawful. The department may refuse to grant an initial application to conduct a game, may refuse to renew an application, and may revoke a registration of any charitable organization which knowingly makes a false statement in any initial registration application or renewal application or statement, annual report, or other information required to be filed by the department or the chapter .


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-40


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-40. Rules and regulations


(a) The director shall adopt and issue rules and regulations as may be necessary to carry out the provisions of §§ 11-19-30--11-19-40. These rules and regulations shall be promulgated in accordance with chapter 35 of title 42.


(b) In promulgating the rules and regulations, the director shall, in addition to the standards set forth in other provisions of this chapter, be guided by the following standards setting forth conduct, conditions, and activity deemed undesirable:


(1) Fraud. The practice of any fraud or deception upon a participant in a permitted game of chance;


(2) Unsafe premises. The conduct of permitted games of chance in, at or upon premises which may be unsafe due to fire hazard or other conditions;


(3) Charitable funds. To assure that all the funds raised through bingo and permitted charitable games are maintained and expended for bona fide charitable purposes;


(4) Advertising. That advertising for all permitted games of chance and bingo is conducted in accordance with rules and regulations.


(c) The director may promulgate less stringent regulations for those charitable organizations that do not intend to run any permitted games more than once in any consecutive six (6) month period, and also for those charitable organizations where the prize for any permitted game will not exceed three hundred dollars ($300).


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1984, ch. 113, § 1; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-41


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-41. Police regulation of bingo and permitted games of chance


The division of state police shall have the power and authority to license, regulate, supervise and exercise general control over the operation of bingo and permitted games of chance including, but not limited to, the conduct of permitted games of chance, the distribution of prizes, and the use and licensing of equipment specifically designed to be utilized to conduct bingo and permitted games of chance, as well as the licensing of persons, firms, corporations in the business of the sale and rental of equipment concerning bingo and permitted games of chance. The Rhode Island state police shall have the power and authority to investigate as to the direct or indirect ownership or control of any licenses and to revoke or suspend any license for just cause after a hearing.


CREDIT(S)


P.L. 1983, ch. 188, § 2; P.L. 1993, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-42


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-42. Forfeiture of charter rights and privileges


(a) Upon conviction for a violation of this chapter or upon revocation of a certificate of approval, the attorney general may apply to the superior court:


(1) For the forfeiture of any charter rights, franchise privileges or powers of the corporation held by the convicted person under the laws of this state;


(2) For dissolution, if the person is a corporation or limited partnership organized under the laws of this state; or


(3) For the suspension of the privilege to exist within this state.


(b) The court, after giving due consideration to the public interest and to relevant competitive and economic circumstances, may grant as much of the requested relief as is deemed appropriate. A dissolution shall be conducted in accordance with the procedures specified by law for either voluntary or judicial dissolution of the particular type of corporation, association, firm, or partnership.


(c) If any corporation, association, partnership, or limited partnership shall be dissolved or have its privilege to exist in this state suspended or revoked as provided in subsection (a) of this section, no assignee, transferee, or successor-in-interest of the corporation, association, partnership, or limited partnership shall be permitted to incorporate or to transact business in this state without first applying to the court for and receiving an order permitting incorporation or transaction of business. No order shall be granted unless the applicant proves to the satisfaction of the court that it will conduct its affairs in accordance with all applicable laws.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-43


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-43. Acts of officers, directors, representatives, or agents acting within the scope of their authority


(a) A corporation, association, firm, partnership, or limited partnership is liable for the acts of its officers, directors, representatives, or agents acting within the scope of their authority. Proof of the acts of any officer, director, representative, or agent shall be received as prima facie proof of the acts of the corporation, association, firm, partnership, or limited partnership itself.


(b) When a corporation, association, firm, partnership, or limited partnership violates this chapter, the violation shall be deemed to be that of the individual directors, members, officers, managers, employees, or agents of the corporation, association, firm, partnership, or limited partnership who knowingly authorized, ordered, aided, abetted, or advised in the acts or omissions constituting in whole or in part the violation, whether the individuals acted on their own behalf and for their own benefit, or for the corporation, association, firm, partnership, or limited partnership and in their representative capacity. The individuals, in their capacity as individuals, are subject to the provisions of this chapter and may be joined, if subject to personal jurisdiction, as additional parties defendant in the proceedings against the corporation, association, partnership, or limited partnership.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-44


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-44. Remedies cumulative


The remedies provided in this chapter are cumulative of each other and of existing powers and remedies inherent in the court.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-19-45


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 19. Gambling and Lotteries

§ 11-19-45. Severability


If any section of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the section to other persons or circumstances shall not be affected. The invalidity or unconstitutionality of any section or sections or part of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and to this end the sections of this chapter are severable.


CREDIT(S)


P.L. 1983, ch. 188, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-20-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 20. Graves and Corpses

§ 11-20-1. Disinterment of body


Every person who shall, without proper authorization, disinter, dig up, remove, or carry away any human body from its place of sepulture, or who shall knowingly conceal any such body so disinterred or carried away, shall be imprisoned not exceeding ten (10) years or fined not exceeding one thousand dollars ($1,000).


CREDIT(S)


P.L. 1991, ch. 66, § 1.


Codifications: G.L. 1896, ch. 281, § 21; G.L. 1909, ch. 347, § 22; G.L. 1923, ch. 399, § 22; G.L. 1938, ch. 610, § 22.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-20-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 20. Graves and Corpses

§ 11-20-1.1. Mutilation of dead human bodies--Penalties--Exemptions


(a) Except as provided in this section, a person who dissects or mutilates a dead human body is guilty of a felony punishable by imprisonment for not more than three (3) years, or a fine of not more than five thousand dollars ($5,000), or both.


(b) This section does not apply to:


(1) A physician or surgeon acting on the order of a court of competent jurisdiction, a coroner or other qualified officer, a licensed funeral director or a licensed embalmer;


(2) Dissection to determine the cause of death when authorized by the nearest living kin of the deceased;


(3) Unclaimed dead human bodies delivered by state or county authorities to regularly chartered institutions for scientific research;


(4) The necessary mutilation incident to embalming a dead human body when authorized by nearest living kin, a court of competent jurisdiction or other qualified officer; or


(5) Conduct authorized by the Uniform Anatomical Gift Act, chapter 18.6 of title 23.


CREDIT(S)


P.L. 1998, ch. 433, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-20-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 20. Graves and Corpses

§ 11-20-1.2. Necrophilia


Any person who performs the act of first degree sexual assault upon a dead human body shall be guilty of the crime of necrophilia. Any person convicted of the crime of necrophilia shall be punished by imprisonment for not less than one nor more than ten (10) years and may be fined in an amount not to exceed ten thousand dollars ($10,000).


CREDIT(S)


P.L. 1998, ch. 433, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-20-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 20. Graves and Corpses

§ 11-20-2. Desecration of grave


Every person who shall willfully and maliciously destroy, mutilate, deface, cover over, injure or remove any tomb, monument, gravestone, American Flag, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or for the ornament of any tomb, monument, gravestone, or other structure of the like character and designed for that purposes, or of any enclosure for the sepulture of the dead, or dig or plow up, cultivate or build upon or within any enclosure or plot of ground used and occupied for the sepulture of the dead, or shall commit any nuisance in it, or wantonly disturb, remove, or in any way desecrate the contents of any grave in any enclosure or plot of ground, shall be guilty of a felony and shall be imprisoned not less than one year and not exceeding three (3) years, and/ or be fined not more than five thousand dollars ($5,000), or both and shall, in addition to imprisonment and/or fine, be ordered to make full restitution to any person, business or entity incurring the expense of repairing the grave.


CREDIT(S)


P.L. 1976, ch. 229, § 1; P.L. 1977, ch. 141, § 1; P.L. 1989, ch. 82, § 1; P.L. 2011, ch. 341, § 1, eff. July 13, 2011; P.L. 2011, ch. 375, § 1, eff. July 13, 2011.


Codifications: G.L. 1896, ch. 281, § 22; G.L. 1909, ch. 347, § 23; G.L. 1923, ch. 399, § 23; G.L. 1938, ch. 610, § 23.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-20-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 20. Graves and Corpses

§ 11-20-3. Removal of marker on veteran's grave


(a) Every person who maliciously or without authorization removes an American Flag in the vicinity of a veteran's grave or from a flag staff in a cemetery shall be imprisoned not exceeding sixty (60) days or fined not exceeding one hundred dollars ($100).


(b) Every person who shall, without right, remove from any grave a marker that was authorized to be placed by the cemetery to designate that the grave was the grave of a deceased veteran shall be imprisoned not exceeding one hundred and twenty (120) days or fined not exceeding five hundred dollars ($500) for a first offense, and shall be imprisoned not exceeding one hundred and twenty (120) days or fined not exceeding one thousand dollars ($1,000) for a second offense.


(c) Every person, firm, partnership or corporation who shall purchase, sell or destroy any veteran's grave marker shall be subject to the same penalties provided in subsection (b) of this section.


CREDIT(S)


P.L. 1982, ch. 219, § 1; P.L. 1990, ch. 490, § 1;P.L. 1991, ch. 66, § 1;P.L. 2000, ch. 109, § 6.


Codifications: G.L. 1896, ch. 279, § 46; G.L. 1909, ch. 345, § 49; G.L. 1923, ch. 397, § 49; G.L. 1938, ch. 608, § 49.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-21-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 21. Hazing

§ 11-21-1. Penalty for hazing


(a) Any organizer of, or participant in, an activity constituting hazing, as defined in subsection (b) of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500), or punished by imprisonment for not less than thirty (30) days nor more than one year, or both.


(b) “Hazing” as used in this chapter, means any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. This conduct shall include, but not be limited to, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug, or other substance, or any brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of the student or any other person, or which subjects the student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.


CREDIT(S)


P.L. 1909, ch. 431, § 1; P.L. 1986, ch. 194, § 1; P.L. 1990, ch. 494, § 1.


Codifications: G.L. 1909, ch. 277, § 29; G.L. 1923, ch. 395, § 31; G.L. 1938, ch. 606, § 31.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-21-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 21. Hazing

§ 11-21-2. Penalty for school official permitting hazing


Every person, being a teacher, superintendent, commandant, or other person in charge of any public, private, parochial, or military school, college or other educational institution, who shall knowingly permit any activity constituting hazing, as defined in § 11-21-1, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100).


CREDIT(S)


P.L. 1909, ch. 431, § 1; P.L. 1986, ch. 195, § 1.


Codifications: G.L. 1909, ch. 277, § 30; G.L. 1923, ch. 395, § 32; G.L. 1938, ch. 606, § 32.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-21-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 21. Hazing

§ 11-21-3. Tattooing or permanent disfigurement


Every person being a student, or being a person in attendance at any public, private, parochial, or military school, college, or other educational institution, who shall tattoo or knowingly and willfully permanently disfigure the body, limbs, or features of any fellow student or person attending the institution by the use of nitrate of silver or any like substance, or by any other means, shall be held guilty of a crime of the degree of mayhem, and shall, upon conviction, be imprisoned not exceeding ten (10) years nor less than one year.


CREDIT(S)


P.L. 1909, ch. 431, § 1.


Codifications: G.L. 1909, ch. 277, § 31; G.L. 1923, ch. 395, § 33; G.L. 1938, ch. 606, § 33.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-1. Injuring highway boundary markers


Every person who shall willfully break down, remove, injure, or destroy any monuments, walls, fences, or bounds, erected for the purpose of designating the boundaries of any public highway, shall be imprisoned not exceeding one year or fined not exceeding five hundred dollars ($500). In addition, any and all costs incurred by the state of Rhode Island due to damages/loss under this section shall be fully reimbursed by the party or parties causing the damage.


CREDIT(S)


P.L. 1990, ch. 494, § 1.


Codifications: G.L. 1896, ch. 279, § 35; G.L. 1909, ch. 345, § 39; G.L. 1923, ch. 397, § 39; G.L. 1938, ch. 608, § 39.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-2. Injuries to road signs--Advertising on highway


A person who willfully or maliciously: (1) displaces, removes, injures, destroys, or places a political advertisement on a mile board, mile stone, danger sign or signal, or guide sign or post, or any inscription on it, lawfully within a public highway; (2) in any manner paints, prints, places, puts, or affixes, or causes to be painted, printed, placed, or affixed, any business, commercial advertisement on or to any stone, tree, fence, stump, pole, building, or other object which is the property of another, without first obtaining the written consent of the owner, or (3) in any manner paints, prints, places, puts, or affixes, or causes to be painted, placed, or affixed, an advertisement on or to any stone, tree, fence, stump, pole, mile board, mile stone, danger sign, danger signal, guide sign, guide post, billboard, building, or other object within the limits of a public highway, without first obtaining the written consent of the chief of police of the city or town in which the highway is located; is punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not more than ten (10) days, or both. In addition, the person shall be required to pay any and all expenses incurred in the repair or replacement of the mile board, mile stone, danger sign or signal, or guide sign or post. Any advertisement in or upon a public highway in violation of the provisions of this section may be taken down, removed or destroyed by anyone. Any and all costs incurred by the state of Rhode Island due to damages/loss under this section shall be fully reimbursed by the party or parties causing the damage.


CREDIT(S)


P.L. 1915, ch. 1203, § 1; P.L. 1953, ch. 3207, § 1; P.L. 1976, ch. 250, § 1; P.L. 1981, ch. 281, § 1; P.L. 1990, ch. 494, § 1.


Codifications: G.L. 1896, ch. 279, § 37; G.L. 1909, ch. 345, § 41; G.L. 1923, ch. 397, § 41; G.L. 1938, ch. 608, § 41.


VALIDITY


<This section was held unconstitutional in the case of Driver v. Town of Richmond ex rel. Krugman, 570 F.Supp.2d 269.>



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-3. Billboards near grade crossings or intersections


No person, partnership, or corporation shall erect, construct, or maintain any billboard along the line of any public highway or street within three hundred (300) feet of any place where a railroad crosses a public highway or street at grade, nor within a distance of fifty (50) feet of the intersection of any public highway or street. The provisions of this section shall not be construed to apply to the erection, construction, or maintenance of any billboard whenever it shall be erected, constructed, or maintained upon the top of any building or buildings not less than ten (10) feet in height. Any person, partnership, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding fifty dollars ($50.00).


CREDIT(S)


P.L. 1914, ch. 1075, §§ 1, 2.


Codifications: G.L. 1923, ch. 119, §§ 26, 27; G.L. 1938, ch. 376, §§ 1, 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-4. Windmills in proximity to highway


No windmill shall be erected, placed, or continued within twenty-five (25) rods of any traveled street or road.


CREDIT(S)


Codifications: G.L. 1896, ch. 125, § 1; G.L. 1909, ch. 151, § 1; G.L. 1923, ch. 181, § 1; G.L. 1938, ch. 385, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-5. Penalty for unlawful windmill


Every person who shall erect, locate, or run any windmill within twenty-five (25) rods of any traveled street or road shall be fined for every offense not exceeding five hundred dollars ($500) nor less than one hundred dollars ($100), one-half ( 1/2) inuring to the use of the city or town where the offense shall have been committed and one-half ( 1/2) to the use of the state.


CREDIT(S)


Codifications: G.L. 1896, ch. 125, § 2; G.L. 1909, ch. 151, § 2; G.L. 1923, ch. 181, § 2; G.L. 1938, ch. 385, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-6. Removal of unlawful windmills


The city council of any city and the town council of any town may remove all windmills within their cities and towns respectively that are located, continued, or run contrary to the provisions of § 11-22-4.


CREDIT(S)


Codifications: G.L. 1896, ch. 125, § 3; G.L. 1909, ch. 151, § 3; G.L. 1923, ch. 181, § 3; G.L. 1938, ch. 385, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-7. Council authority for location of windmill


The city council of any city and town council of any town may, upon petition in writing to them presented, authorize or continue the location of any mill in their discretion at any place within the limits of their respective towns.


CREDIT(S)


Codifications: G.L. 1896, ch. 125, § 4; G.L. 1909, ch. 151, § 4; G.L. 1923, ch. 181, § 4; G.L. 1938, ch. 385, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-8. Windmills exempt


The provisions of §§ 11-22-4 - 11-22-7 shall not apply to any mill which shall be located by decree of the town council of the town in which it is situated, nor to any mill situated in the towns of New Shoreham or Jamestown, nor to any patented wind engine or mill.


CREDIT(S)


Codifications: G.L. 1896, ch. 125, § 5; G.L. 1909, ch. 151, § 5; G.L. 1923, ch. 181, § 5; G.L. 1938, ch. 385, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-9. Letting team go at large


Every person having charge of any wheel carriage of any kind, or sled or sleigh, with any kind of team, who shall negligently or willfully let the team go at large in any highway, shall be fined five dollars ($5.00).


CREDIT(S)


Codifications: G.L. 1896, ch. 74, § 4; G.L. 1909, ch. 87, § 4; G.L. 1923, ch. 99, § 4; G.L. 1938, ch. 81, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-10. Scattering debris on highway


Every person who shall knowingly throw or place or cause to be thrown or placed, in or upon any highway, or bridge any tacks, nails, wire, scrap metal, glass, crockery, or other substance injurious to the feet of persons or animals, or to the tires or wheels of bicycles or other vehicles, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any violation shall be heard by the traffic tribunal in accordance with chapter 41.1 of title 31.


CREDIT(S)


P.L. 1896, ch. 318, § 1; P.L. 1976, ch. 287, § 1; P.L. 1980, ch. 153, § 1; P.L. 1981, ch. 325, § 1.


Codifications: G.L. 1909, ch. 87, § 14; G.L. 1923, ch. 99, § 14; G.L. 1938, ch. 81, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-11. Testing speed of horse


Every person who shall drive any horse over any of the public highways, for the purpose of racing or trying the speed of the horse, shall be fined not more than twenty dollars ($20.00) or imprisoned not exceeding ten (10) days.


CREDIT(S)


P.L. 1901, ch. 925, § 2.


Codifications: G.L. 1896, ch. 74, § 6; G.L. 1909, ch. 87, § 6; G.L. 1923, ch. 99, § 6; G.L. 1938, ch. 81, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-12. Crawford Street Bridge in Providence


Every person who shall fasten any vessel to any part of Crawford Street Bridge shall forfeit twenty dollars ($20.00) for each offense to the use of city of Providence.


CREDIT(S)


Codifications: G.L. 1896, ch. 75, § 1; G.L. 1909, ch. 89, § 1; G.L. 1923, ch. 101, § 1; G.L. 1938, ch. 84, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-13. Apponaug River Bridge


Every person who shall lay any sloop or other vessel to the bridge over Apponaug River, or there load or unload wood or other heavy merchandise, shall forfeit twenty dollars ($20.00) for each offense; one-half ( 1/2) to the use of the city of Warwick and one-half ( 1/2) to the use of the person who shall sue for it.


CREDIT(S)


Codifications: G.L. 1896, ch. 75, § 2; G.L. 1909, ch. 89, § 2; G.L. 1923, ch. 101, § 2; G.L. 1938, ch. 84, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-14. Pawtuxet Falls bridge


Every person who shall make fast any canoe or boat to either of the abutments or any part of the bridge at Pawtuxet Falls, or throw any stones off from the bridge, shall forfeit five dollars ($5.00); one-half ( 1/2) to the use of the city of Warwick and the city of Cranston and one-half ( 1/2) to the use of the person who shall sue for it. The city of Warwick and the city of Cranston may each appoint one suitable person to take care of the bridge and to prevent damage or injury being done to it. Each of the persons so appointed shall prosecute for every forfeiture incurred under this section.


CREDIT(S)


Codifications: G.L. 1896, ch. 75, §§ 3-5; G.L. 1909, ch. 89, §§ 3-5; G.L. 1923, ch. 101, §§ 3-5; G.L. 1938, ch. 84, §§ 3-5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-15. Wire strung across highways


No wire shall be strung across a highway less than fourteen (14) feet above the surface of the highway. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).


CREDIT(S)


P.L. 1979, ch. 203, § 1; P.L. 1981, ch. 325, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-22-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 22. Highways

§ 11-22-16. Motorist aid call system--False reports--Damage to equipment


Any person who willfully gives or causes to be given a false report or false information through the use of a telephone call-box installed along any highway by the department of transportation through its motorist aid call system, or who willfully damages, destroys, or removes any telephone call-box or other equipment of the system, shall be guilty of a misdemeanor and shall be fined two hundred dollars ($200). For a second or subsequent conviction under this section, a fine of five hundred dollars ($500) shall be imposed.


CREDIT(S)


P.L. 1980, ch. 290, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-1. Murder


The unlawful killing of a human being with malice aforethought is murder. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing, or committed in the perpetration of, or attempt to perpetrate, any arson or any violation of §§ 11-4-2, 11-4-3, or 11-4-4, rape, any degree of sexual assault or child molestation, burglary or breaking and entering, robbery, kidnapping, or committed during the course of the perpetration, or attempted perpetration, of felony manufacture, sale, delivery, or other distribution of a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21, or committed against any law enforcement officer in the performance of his or her duty or committed against an assistant attorney general or special assistant attorney general in the performance of his or her duty, or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him or her who is killed, is murder in the first degree. Any other murder is murder in the second degree. The degree of murder may be charged in the indictment or information, and the jury may find the degree of murder, whether the murder is charged in the indictment or information or not, or may find the defendant guilty of a lesser offense than that charged in the indictment or information, in accordance with the provisions of § 12-17-14.


CREDIT(S)


P.L. 1915, ch. 1258, § 6; P.L. 1929, ch. 1392, § 1; P.L. 1932, ch. 1943, § 1; P.L. 1974, ch. 118, § 5; P.L. 1979, ch. 178, § 1; P.L. 1980, ch. 247, § 3; P.L. 1990, ch. 259, § 1;P.L. 1990, ch. 284, § 4;P.L. 1996, ch. 152, § 1; P.L. 2008, ch. 128, § 1, eff. July 1, 2008; P.L. 2008, ch. 199, § 1, eff. July 2, 2008.


Codifications: G.L. 1909, ch. 343, § 1; G.L. 1923, ch. 395, § 1; G.L. 1938, ch. 606, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-2. Penalties for murder


Every person guilty of murder in the first degree shall be imprisoned for life. Every person guilty of murder in the first degree: (1) committed intentionally while engaged in the commission of another capital offense or other felony for which life imprisonment may be imposed; (2) committed in a manner creating a great risk of death to more than one person by means of a weapon or device or substance which would normally be hazardous to the life of more than one person; (3) committed at the direction of another person in return for money or any other thing of monetary value from that person; (4) committed in a manner involving torture or an aggravated battery to the victim; (5) committed against any member of the judiciary, law enforcement officer, corrections employee, assistant attorney general or special assistant attorney general, or firefighter arising from the lawful performance of his or her official duties; (6) committed by a person who at the time of the murder was committed to confinement in the adult correctional institutions or the state reformatory for women upon conviction of a felony; or (7) committed during the course of the perpetration or attempted perpetration of felony manufacture, sale, delivery or other distribution of a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21; shall be imprisoned for life and if ordered by the court pursuant to chapter 19.2 of title 12 that person shall not be eligible for parole from imprisonment. Every person guilty of murder in the second degree shall be imprisoned for not less than ten (10) years and may be imprisoned for life.


CREDIT(S)


P.L. 1915, ch. 1258, § 6; P.L. 1973 Ex. Sess., ch. 280, § 1; P.L. 1984, ch. 221, § 1; P.L. 1990, ch. 284, § 4;P.L. 1996, ch. 152, § 1.


Codifications: G.L. 1896, ch. 277, §§ 1, 2; G.L. 1909, ch. 343, §§ 1, 2; G.L. 1923, ch. 395, § 2; G.L. 1938, ch. 606, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-2.1. Penalty for murder of a kidnapped person under the age of eighteen (18)


If any person under the age of eighteen (18) who is kidnapped in violation of § 11-26-1 by a person other than his or her natural or adopted parent dies as a direct result of the kidnapping, then the person convicted of the offense shall be guilty of murder in the first degree and shall be punished by imprisonment for life, and the court may, pursuant to chapter 19.2 of title 12, order that that person not be eligible for parole.


CREDIT(S)


P.L. 1984, ch. 362, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-2.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-2.2. Penalty for murder in the first degree


Every person guilty of murder in the first degree shall serve not less than fifteen (15) years of his or her sentence before being eligible for parole.


CREDIT(S)


P.L. 1989, ch. 415, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-3. Manslaughter


(a) Every person who shall commit manslaughter shall be imprisoned not exceeding thirty (30) years.


(b) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


CREDIT(S)


P.L. 1985, ch. 421, § 1; P.L. 1988, ch. 539, § 9.


Codifications: G.L. 1896, ch. 277, § 3; G.L. 1909, ch. 343, § 3; G.L. 1923, ch. 395, § 3; G.L. 1938, ch. 606, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-4. Joinder of murder count with count for concealment of birth


Any woman, who shall be indicted or charged by information for the murder of her infant child born out of wedlock, may also be charged in the same indictment or information with either or both of the offenses mentioned in § 11-18-4, and if, upon trial, the jury shall acquit her on the charge of murder and find her guilty of the other offenses, or either of them, judgment and sentence may be awarded against her accordingly.


CREDIT(S)


P.L. 1926, ch. 858, § 1; P.L. 1974, ch. 118, § 5.


Codifications: G.L. 1896, ch. 281, § 11; G.L. 1909, ch. 347, § 11; G.L. 1923, ch. 399, § 11; G.L. 1938, ch. 610, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-5. Willful killing of unborn quick child


(a) The willful killing of an unborn quick child by any injury to the mother of the child, which would be murder if it resulted in the death of the mother; the administration to any woman pregnant with a quick child of any medication, drug, or substance or the use of any instrument or device or other means, with intent to destroy the child, unless it is necessary to preserve the life of the mother; in the event of the death of the child; shall be deemed manslaughter.


(b) In any prosecution under this section, it shall not be necessary for the prosecution to prove that any necessity existed.


(c) For the purposes of this section, “quick child” means an unborn child whose heart is beating, who is experiencing electronically-measurable brain waves, who is discernibly moving, and who is so far developed and matured as to be capable of surviving the trauma of birth with the aid of usual medical care and facilities available in this state.


CREDIT(S)


P.L. 1975, ch. 231, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-23-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 23. Homicide

§ 11-23-6. Controlled substance transaction resulting in death of minor


Any person convicted of the sale, delivery or distribution of a controlled substance, the sale of which would constitute a felony under chapter 28 of title 21, to a minor, or of knowingly providing a controlled substance for sale, delivery or distribution to a minor and death has resulted to the minor because of the ingestion orally, by injection, or by inhalation of the controlled substance, shall be imprisoned for life.


CREDIT(S)


P.L. 1981, ch. 287, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-1. All persons entitled to full and equal accommodations


All persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities, and privileges of any place of public accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons.


CREDIT(S)


P.L. 1925, ch. 658, § 1; P.L. 1952, ch. 2958, § 2.


Codifications: G.L. 1896, ch. 277, § 27; G.L. 1909, ch. 343, § 28; G.L. 1923, ch. 395, § 28; G.L. 1938, ch. 606, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-2. Discriminatory practices prohibited


No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement shall directly or indirectly refuse, withhold from, or deny to any person on account of race or color, religion, country of ancestral origin, disability, age, sex, sexual orientation, gender identity or expression, any of the accommodations, advantages, facilities, or privileges of that public place. No person shall directly or indirectly publish, circulate, issue, display, post, or mail any written, printed or painted communication, notice, or advertisement, to the effect that any of the accommodations, advantages, facilities, and privileges of any public accommodation place shall be refused, withheld from, or denied to any person on account of race or color, religion, country of ancestral origin, disability, sex or sexual orientation, gender identity or expression, or age or that the patronage or custom at that place of any person belonging to or purporting to be of any particular race or color, religion, country of ancestral origin, disability, age, sex, sexual orientation, or gender identity or expression is unwelcome, objectionable, or not acceptable, desired, or solicited. The production of any written, printed, or painted communication, notice, or advertisement, purporting to relate to any public place and to be made by any person being its owner, lessee, proprietor, superintendent, or manager, shall be presumptive evidence in any action that its production was authorized by that person.


CREDIT(S)


P.L. 1925, ch. 658, § 1; P.L. 1952, ch. 2958, § 2; P.L. 1979, ch. 144, § 5; P.L. 1988, ch. 227, § 1; P.L. 1993, ch. 126, § 1;P.L. 1995, ch. 32, § 6;P.L. 1997, ch. 150, § 1;P.L. 2001, ch. 340, § 5.


Codifications: G.L. 1896, ch. 277, § 27; G.L. 1909, ch. 343, § 28; G.L. 1923, ch. 395, § 28; G.L. 1938, ch. 606, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-2.1. Discrimination based on disability, age, or sex prohibited


(a) Whenever in this chapter there shall appear the words “ancestral origin” there shall be inserted immediately thereafter the words “disability, age, or sex”.


(b) “Disability” means a disability as defined in § 42-87-1.


(c) The terms, as used regarding persons with disabilities, “auxiliary aids and services” and “reasonable accommodation” have the same meaning as those terms are defined in § 42-87-1.1.


(d) “Otherwise qualified” means a person with a disability who meets the essential eligibility requirements for participation in or receipt of benefits from the program or activity.


(e) Any person with a disability shall be entitled to full and equal access, as other members of the general public to all public accommodations, subject to the conditions and limitations established by law and applicable alike to all persons.


(f) Every person with a disability who has a personal assistive animal or who obtains a personal assistive animal, shall be entitled to full and equal access to all public accommodations provided for in this chapter, and shall not be required to pay extra compensation for a personal assistive animal, but shall be liable for any damage done to the premises by a personal assistive animal.


(g) Nothing in this section shall require any person providing a place of public accommodation to, in any way, incur any greater liability or obligation, or provide a higher degree of care for a person with a disability than for a person who is not disabled.


(h) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of that status, but is intended to assure the basic human rights of persons to partake of public accommodations, regardless of that status.


(i) “Gender identity or expression” includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression, whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.


CREDIT(S)


P.L. 1979, ch. 144, § 5; P.L. 1988, ch. 227, § 1; P.L. 1995, ch. 32, § 6;P.L. 1997, ch. 150, § 1;P.L. 2000, ch. 499, § 1;P.L. 2000, ch. 507, § 1;P.L. 2001, ch. 340, § 5; P.L. 2009, ch. 96, § 1, eff. July 9, 2009; P.L. 2009, ch. 97, § 1, eff. July 9, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-2.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-2.2. Discrimination based on sexual orientation


Whenever in this chapter the terms “race or color, religion or country of ancestral origin, handicap, age or sex” shall appear, there shall be inserted immediately thereafter the words “sexual orientation”.


CREDIT(S)


P.L. 1995, ch. 32, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-2.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-2.3. Discrimination based on gender identity or expression


Whenever in this chapter the terms “race or color, religion, country of ancestral origin, handicap, age, sex, or sexual orientation” shall appear, there shall be inserted immediately thereafter the words “gender identity or expression”.


CREDIT(S)


P.L. 2001, ch. 340, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-3. “Places of public accommodation” construed


A “Place of public accommodation, resort, or amusement” within the meaning of §§ 11-24-1 - 11-24-3 includes, but is not limited to: (1) inns, taverns, roadhouses, hotels, whether conducted for the entertainment or accommodation of transient guests or of those seeking health, recreation or rest; (2) restaurants, eating houses or any place where food is sold for consumption on the premises; (3) buffets, saloons, barrooms, or any stores, parks, or enclosures where spirituous or malt liquors are sold; (4) ice cream parlors, confectioneries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or beverages of any kind are retailed for consumption on the premises; (5) retail stores and establishments, dispensaries, clinics, hospitals, rest rooms, bath houses, barber shops, beauty parlors, theaters, motion picture houses, music halls, airdromes, roof gardens, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors, swimming pools, seashore accommodations and boardwalks, and public libraries; (6) garages; (7) all public conveyances operated on land, water or in the air as well as their stations and terminals; (8) public halls and public elevators of buildings occupied by two (2) or more tenants or by the owner and one or more tenants; and (9) public housing projects. Nothing in this section shall be construed to include any place of accommodation, resort, or amusement which is in its nature distinctly private.


CREDIT(S)


P.L. 1952, ch. 2958, § 2.


Codifications: G.L. 1938, ch. 606, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-3.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-3.1. Sex discrimination--Limitation on prohibition


Nothing contained in this chapter that refers to “sex” shall be construed to mandate joint use of restrooms, bath houses, and dressing rooms by males and females.


CREDIT(S)


P.L. 1979, ch. 144, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-3.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-3.2. Age discrimination--Limitation on prohibition


For the purposes of this chapter, “age” is construed as anyone over the age of eighteen (18).


CREDIT(S)


P.L. 1979, ch. 144, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-4. Enforcement of anti-discrimination provisions


The Rhode Island commission for human rights is empowered and directed, as provided in this section, to prevent any person from violating any of the provisions of §§ 11-24-1 - 11-24-3; provided, that before instituting a formal hearing it shall attempt by informal methods of conference, persuasion, and conciliation to induce compliance with those sections. Upon the commission's own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination or racism or of safeguarding civil liberties, or rights of persons with disabilities (that individual or organization being subsequently referred to as the complainant), makes a charge to the commission that any person, agency, bureau, corporation, or association, subsequently referred to as the respondent, has violated or is violating any of the provisions of 11-24-1 - 11-24-3 the commission may proceed in the same manner and with the same powers as provided in §§ 28-5-16 - 28-5-26 and the provisions of §§ 28-5-13 and 28-5-16 - 28-5-36 as to the powers, duties and rights of the commission, its members, hearing examiners, the complainant, respondent, interviewer and the court shall apply in any proceedings under this section.


CREDIT(S)


P.L. 1952, ch. 2958, § 3; P.L. 1997, ch. 150, § 1.


Codifications: G.L. 1938, ch. 606, § 29.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-5. Liberal construction of provisions


The provisions of §§ 11-24-1 - 11-24-6 shall be construed liberally for the accomplishment of their purposes, and any law inconsistent with their provisions shall not apply. Nothing contained in these sections shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race or color, religion or country of ancestral origin, disability, age, sex, sexual orientation, or gender identity or expression.


CREDIT(S)


P.L. 1952, ch. 2958, § 4; P.L. 1979, ch. 144, § 5; P.L. 1988, ch. 227, § 1; P.L. 1995, ch. 32, § 6;P.L. 1997, ch. 150, § 1;P.L. 2001, ch. 340, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-6. Severability of provisions


If any clause, sentence, paragraph, or part of §§ 11-24-1 - 11-24-6 or their application to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the sections or their application to other persons or circumstances.


CREDIT(S)


P.L. 1952, ch. 2958, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-7. Discrimination against members of armed forces prohibited


It shall be unlawful for any common carrier, innkeeper, or proprietor or lessee of any place of public amusement or entertainment, or any agent, servant, or representative of any common carrier, innkeeper, proprietor, or lessee, to debar from the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of any public conveyance on land or water, of any inn, or of any place of public amusement or entertainment, any person in the military, air, or naval service of the United States or of this state wearing the uniform prescribed for him or her at that time or place by law, regulation of the service, or custom, on account of his or her wearing the uniform, or being in the military service.


CREDIT(S)


P.L. 1908, ch. 1562, § 1.


Codifications: G.L. 1896, ch. 283, § 31; G.L. 1909, ch. 349, § 46; G.L. 1923, ch. 401, § 49; G.L. 1938, ch. 612, § 47.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-24-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 24. Hotels and Public Places

§ 11-24-8. Civil action for discrimination against armed forces


Any person who is debarred from the enjoyment, contrary to the provision of § 11-24-7, shall be entitled to recover, in a civil action, from any corporation, association, or person guilty of the violation, his or her actual damages and one hundred dollars ($100) in addition, and evidence that the person debarred was at the time sober, orderly, and able and willing to pay for enjoyment in accordance with the rates fixed therefor for civilians shall be prima facie evidence in an action that he or she was debarred on account of his or her wearing the uniform or being in the military service.


CREDIT(S)


P.L. 1908, ch. 1562, § 1.


Codifications: G.L. 1896, ch. 283, § 32; G.L. 1909, ch. 349, § 47; G.L. 1923, ch. 401, § 50; G.L. 1938, ch. 612, § 48.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-1. Escape from correctional institutions


Every prisoner who shall attempt to escape, or who shall escape, from the lawful custody of the warden of the adult correctional institutions, or from the custody of the director of mental health, retardation and hospitals pursuant to the provisions of § 40.1-5.3-1, shall, upon conviction, be imprisoned not more than three (3) years or be fined not more than five hundred dollars ($500). However, nothing in this section shall be construed to include the offense of breaking jail.


CREDIT(S)


P.L. 1920, ch. 1856, § 1; P.L. 1931, ch. 1791, § 1; P.L. 1956, ch. 3721, § 1; P.L. 1979, ch. 244, § 1.


Codifications: G.L. 1896, ch. 276, § 13; G.L. 1909, ch. 342, § 13; G.L. 1923, ch. 394, § 13; G.L. 1938, ch. 605, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-1.1. Escape from municipal detention facility


Every prisoner, detainee, or other person incarcerated or confined at the Donald W. Wyatt Detention Facility in the City of Central Falls who shall attempt to escape, or who shall escape, from the lawful custody of the director of the Donald W. Wyatt Detention Facility created under chapter 54 of title 45 shall, upon conviction, be imprisoned at the adult correctional institutions not more than three (3) years or be fined not more than five hundred dollars ($500). This term shall commence at the expiration of the original term of imprisonment of the prisoner.


CREDIT(S)


P.L. 2000, ch. 362, § 1;P.L. 2000, ch. 477, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-2. Assault or escape by a custodial unit inmate


Every prisoner confined in any custodial unit of the adult correctional institutions or in the custody of the warden or other correctional employee while outside the confines of the institutions or in the custody of the director of mental health, retardation and hospitals pursuant to the provisions of § 40.1-5.3-1, who shall assault the warden, or other correctional employee of the institution, or shall escape, or attempt to effect an escape, shall be sentenced by the court to a term of imprisonment in the adult correctional institutions for not less than one year nor more than twenty (20) years, that term to commence from the expiration of the original term of the prisoner.


CREDIT(S)


P.L. 1936, ch. 2388, § 1; P.L. 1956, ch. 3721, § 1; P.L. 1979, ch. 244, § 1; P.L. 1984, ch. 65, § 1; P.L. 1991, ch. 56, § 1.


Codifications: G.L. 1896, ch. 276, § 14; G.L. 1909, ch. 342, § 14; G.L. 1923, ch. 394, § 14; G.L. 1938, ch. 605, § 14.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-2.1. Assault by a municipal detention inmate


Every prisoner, detainee, or other person incarcerated or confined in the Donald W. Wyatt Detention Facility, created under chapter 54 of title 45 who shall assault the director or other detention center employees, shall be sentenced by the court to imprisonment at the adult correctional institutions, for not less than one year and no more than twenty (20) years. This term shall commence at the expiration of the original term of imprisonment of the prisoner.


CREDIT(S)


P.L. 2000, ch. 362, § 1;P.L. 2000, ch. 477, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-3. Fatal assault by maximum custodial inmate deemed murder


In case the warden or any under-keeper or any other officer of a maximum custodial unit is killed in any assault by a prisoner, the killing shall be deemed to be a murder.


CREDIT(S)


P.L. 1956, ch. 3721, § 1; P.L. 1956, § 11-25-3.


Codifications: G.L. 1896, ch. 276, § 15; G.L. 1909, ch. 342, § 15; G.L. 1923, ch. 394, § 15; G.L. 1938, ch. 605, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-4. Assault or escape by prisoner of medium or minimum custodial unit


Every prisoner confined in the medium or minimum custodial unit of the adult correctional institutions or in the custody of the warden or other officer while outside the confines of the custodial unit, or in the custody of the director of mental health, retardation and hospitals pursuant to the provisions of § 40.1-5.3-1 who shall assault the warden or other officer of that institution, or shall escape, or attempt to effect an escape, either from those institutions or the custody of the warden or officers, or the director, including that custody which pertains to the work release program, shall be sentenced by the court to a term of imprisonment in the adult correctional institutions for not less than one year nor more than twenty (20) years. This term shall commence from the expiration of the original term of the prisoner.


CREDIT(S)


P.L. 1936, ch. 2388, § 2; P.L. 1950, ch. 2467, § 1; P.L. 1956, ch. 3721, § 1; P.L. 1970, ch. 70, § 1; P.L. 1974, ch. 105, § 1; P.L. 1979, ch. 244, § 1; P.L. 1991, ch. 58, § 1.


Codifications: G.L. 1938, ch. 605, § 25.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-4.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-4.1. Sentence for assault or escape by prisoner--Consecutive term


The sentence for assault or escape, as prescribed in § 11-25-4, shall run consecutively to the original term of incarceration.


CREDIT(S)


P.L. 1988, ch. 145, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-5. Officer voluntarily allowing prisoner to escape


Every jailer or other officer, who shall voluntarily suffer any prisoner in his or her custody upon conviction or upon any criminal charge to escape, shall be punished by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 5.


Codifications: G.L. 1896, ch. 276, § 8; G.L. 1909, ch. 342, § 8; G.L. 1923, ch. 394, § 8; G.L. 1938, ch. 605, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-6. Officer negligently allowing escape


Every jailer or other officer, who shall be convicted of negligently suffering any prisoner in his or her custody upon conviction or upon any criminal charge to escape, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 5.


Codifications: G.L. 1896, ch. 276, § 9; G.L. 1909, ch. 342, § 9; G.L. 1923, ch. 394, § 9; G.L. 1938, ch. 605, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-7. Rescue of prisoner


Every person who shall set at liberty or rescue, either by force or stratagem, any person convicted of any crime or offense or in the custody of any officer upon any criminal charge, or confined in any jail, lock-up, police station or other place of detention upon any criminal charge, shall be punished by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 5.


Codifications: G.L. 1896, ch. 276, § 6; G.L. 1909, ch. 342, § 6; G.L. 1923, ch. 394, § 6; G.L. 1938, ch. 605, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-8. Conveyance to prisoner of instruments for escape


Every person who shall convey to any prisoner confined upon any criminal charge or upon conviction in any prison, jail, lock-up, police station, or other place of detention, without the knowledge of the warden, jailer, or officer in charge of the prison, jail, lock-up, police station, or place of detention, any disguise, instrument, tool, weapon, or other thing which is adapted or useful to aid a prisoner in making his or her escape, shall if any prisoner escapes by means of a disguise, instrument, tool, weapon, or other thing so conveyed, be punished by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both. If there is no escape by means of the disguise, instrument, tool, weapon, or other thing so conveyed, then the person so conveying it shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 5; P.L. 1920, ch. 1857, § 1.


Codifications: G.L. 1896, ch. 276, § 10; G.L. 1909, ch. 342, § 10; G.L. 1923, ch. 394, § 10; G.L. 1938, ch. 605, § 10.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-9. Assisting inmate of correctional institutions to escape


Every person who shall convey any tools to, or shall have any communication without lawful authority therefor or hold any conversation with any prisoner confined in the adult correctional institutions, from the outside of the institutions, or shall convey any tools or instruments to or in any way assist in the escape or attempted escape of any person from any institution under the management and control of the department of corrections, or shall harbor or assist that person, shall be deemed guilty of a misdemeanor and shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding three (3) years.


CREDIT(S)


P.L. 1915, ch. 1258, § 5; P.L. 1922, ch. 2216, § 1; P.L. 1939, ch. 660, § 80; P.L. 1956, ch. 3721, § 1.


Codifications: G.L. 1896, ch. 276, § 11; G.L. 1909, ch. 342, § 11; G.L. 1923, ch. 394, § 11; G.L. 1938, ch. 605, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-10. Conveyance of intoxicants to prisoner


Every person who shall convey or cause to be conveyed to any prisoner committed to the adult correctional institutions any wine or strong liquor, without the consent of the warden, shall be fined not exceeding fifty dollars ($50.00).


CREDIT(S)


P.L. 1956, ch. 3721, § 1.


Codifications: G.L. 1896, ch. 276, § 12; G.L. 1909, ch. 342, § 12; G.L. 1923, ch. 394, § 12; G.L. 1938, ch. 605, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-11. Prisoners committed for violation of city or town ordinances


The several cities and towns shall have the right to use the correctional institutions of the state for the confinement of persons committed under the authority of the ordinances of the cities or towns; provided, that the director of corrections shall not be liable for damages or costs in any suit which may be brought by any person or persons who may be committed to the correctional institutions under the authority of this section.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-12. Earnings of city or town prisoners


No law of this state shall be so construed as to give any city or town a claim upon the state for the labor or services of any person committed to the correctional institutions under its authority.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-13. Federal prisoners


Prisoners arrested within this state under the authority of the United States or sentenced under the authority of any court under the authority of the United States held within the territorial limits of the first, second, or third judicial circuit of the United States as constituted on April 26, 1956, except Puerto Rico, shall be committed under the authority of the United States to any adult correctional institution and payment shall be made of the expense of maintaining and supervising those prisoners. The director of corrections of the adult correctional institutions shall receive the prisoners and safely keep them in the institutions until they are discharged by due course of the laws of the United States, under the like penalties and liabilities, civil and criminal, as in the case of prisoners committed by the authority of this state.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-14. Conveyance of unauthorized articles to or from institutions


(a) Every person who shall convey or cause to be conveyed into the adult correctional institutions any article without first obtaining the consent of the director of corrections, or who shall convey from the institutions any article without the consent of the director of corrections, shall be punished, upon conviction, by imprisonment for not more than ten (10) years, or by a fine of not more than five thousand dollars ($5,000), or both.


(b) Every person who shall convey or cause to be conveyed to any prisoner any drugs, tobacco or any article that could be used as a weapon, without first obtaining the consent of the director of corrections, may be punished, upon conviction, by imprisonment for not more than ten (10) years, or by a fine of not more than five thousand dollars ($5,000), or both.


(c) For the purposes of subsection (b), “prisoner” includes all persons committed to the adult correctional institution, in the custody of the warden, in the custody of any other officer while outside the confines of the custodial unit, in the custody of the state director of mental health, retardation and hospitals pursuant to § 40.1-5.3-1, regardless of whether that prisoner is held upon conviction or upon any criminal charge. “Prisoner” shall not include persons on home confinement.


CREDIT(S)


P.L. 1976, ch. 290, § 9; P.L. 2008, ch. 146, § 1, eff. July 1, 2008; P.L. 2008, ch. 170, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-14.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-14.1. Unlawful possession of telecommunications devices


(a) It shall be unlawful for any prisoner to possess any portable electronic communication device, including, but not limited to, cellular telephones, cloned cellular telephones, two-way radios, pagers, personal digital assistants, or any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services. Any violation of this provision shall be punishable by a fine not to exceed five thousand dollars ($5,000), a prison term not to exceed five (5) years, or both.


(b) For the purposes of this section, “prisoner” includes all persons incarcerated at the adult correctional institution, in the custody of any other officer while outside the confines of the custodial unit, or in the custody of the state director of behavioral health, developmental disabilities and hospitals pursuant to § 40.1-5.3-1. It shall not include those offenders on home confinement pursuant to § 42-56-20.2, nor those offenders serving on parole.


CREDIT(S)


P.L. 2011, ch. 78, § 1, eff. June 20, 2011; P.L. 2011, ch. 83, § 1, eff. June 20, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-15. Imprisonment for failure to appear at a court ordered hearing


(a) This section shall apply to every person who has been or shall be detained at or in the adult correctional institutions for failure to appear at a court ordered ability to pay hearing. After that person has completed his or her detention for lack of bail for failure to appear at an ability to pay hearing, he or she shall receive a reduction in fines and fees owed to the court, if any, in the amount of fifty dollars ($50.00) per day served (or any fraction thereof) to be applied against the amount of his/her outstanding fines or costs, or both.


(b) Provided further, any person detained at the adult correctional institution for failure to appear who also claims an inability to pay his or her fines or costs shall be entitled to an evidentiary hearing in the district court within forty-eight (48) hours of the detention on the issue of ability to pay. Should the forty-eight (48) hours fall on a weekend or holiday, the hearing shall be scheduled on the next available court date. If, after the hearing, it is determined there is no ability to pay, then that person shall immediately be released from detention. This section shall not deter or preclude any available alternatives to payment of the fines or costs.


CREDIT(S)


P.L. 1976, ch. 290, § 9; P.L. 2006, ch. 374, § 1, eff. July 7, 2006; P.L. 2006, ch. 443, § 1, eff. July 7, 2006; P.L. 2012, ch. 367, § 1, eff. June 21, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-16. Juvenile escapees


(a) Any person sixteen (16) years or older who shall escape from the Rhode Island training school for youth after having been placed in the institution by the order of a family court judge, or who shall escape from the adult correctional institutions after having been placed in the institution by an order of a family court judge, shall, upon conviction, be imprisoned for a term not exceeding two (2) years and/or a fine not exceeding one thousand dollars ($1,000).


(b) In any case provided by subsection (a) of this section, the family court shall hold a hearing to determine whether or not the family court's jurisdiction over the child shall be waived and may, if it so finds, order the child held for trial under the regular procedure of the district and/or superior courts.


(c) If the family court elects to keep jurisdiction over the child, the court shall follow its regular procedure.


(d) In the adjudication of any case under this section, the fact that the person has been found delinquent for the offense of escaping from the Rhode Island training school for youth on one or more occasions shall be prima facie evidence that the person cannot be rehabilitated under chapter 10 of title 8. The superintendent of the Rhode Island training school shall notify the department of attorney general, the Rhode Island state police, and the Cranston Police Department of any escape, or attempted escape from the Rhode Island training school.


CREDIT(S)


P.L. 1976, ch. 290, § 9; P.L. 1994, ch. 107, § 1;P.L. 1994, ch. 183, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-16.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-16.1. Escape after certification


(a) Any person who violates the provisions of § 11-25-16 after having been certified and adjudicated by the family court pursuant to § 14-1-7.2 may, after a hearing by a justice of the family court to determine that probable cause exists to believe that the child has escaped from the institution, have the jurisdiction over his or her sentence transferred to the department of corrections to be served in facilities under the control of the department.


(b) A finding pursuant to subsection (a) of this section shall constitute presumptive evidence of the nonamenability of the person of further treatment in facilities available to the family court. The court shall transfer the jurisdiction over his or her sentence to the department of corrections to be served in facilities under the control of that department, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in facilities available to the family court.


(c) A finding pursuant to subsection (a) of this section shall constitute presumptive evidence of the nonamenability of the person to further treatment in facilities available to the family court and the court shall waive jurisdiction over the offense and all subsequent offenses. The child shall be prosecuted for those offenses by the court which would have jurisdiction if committed by an adult, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in the facilities available to the family court.


(d) A waiver of jurisdiction over a child pursuant to subsection (c) of this section shall constitute a waiver of jurisdiction over the child for that offense, as well as for all subsequent offenses of whatever nature. The child shall be referred to the court which would have had jurisdiction if the offense had been committed by an adult.


CREDIT(S)


P.L. 1990, ch. 15, § 4;P.L. 1990, ch. 18, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-17. Receipt, safekeeping and record of prisoners


The director of corrections shall receive into his or her custody and safely keep in the institutions every person who shall be committed to the adult correctional institutions until the prisoner shall be legally discharged. The liability of the committing officer shall cease and the liabilities of the director of corrections shall commence immediately upon the entering and signing of the commitment by the committing officer in the book of those institutions kept for that purpose. The director shall cause to be maintained a record in which shall be entered the reception, discharge, death, pardon or escape of every prisoner, all disciplinary action for breach of institution regulations, and all medical care received.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-18. Receipt of gifts by employees of department of corrections


No employee of the department of corrections shall receive from any prisoner confined in the adult correctional institutions, nor from anyone on behalf of such a prisoner, any reward or gift, or promise of any reward or gift, either for services or supplies or as a gratuity. Any employee in violation of this provision shall, upon conviction, be punished by imprisonment for not more than thirty (30) days and shall, upon final conviction, be immediately dismissed from employment.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-19. Record of visitors


A record of every visitor to any institution within the department of corrections including, but not limited to, the adult correction institutions, women's division, adult correctional institutions, and training school for youth, shall be maintained and each visitor shall identify himself or herself and shall sign his or her proper legal name. Any person who shall give false information for that record shall be punished, upon conviction, by imprisonment for not more than three (3) years.


CREDIT(S)


P.L. 1976, ch. 290, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-20. Habeas corpus for production of prisoner


Whenever a writ of habeas corpus shall issue from either the supreme or superior court for the production and appearance before it of a prisoner confined in the adult correctional institutions, the writ shall be delivered to the division of sheriffs. Whenever the writ is issued from any other court, it shall be delivered to the division of sheriffs or to any town sergeant or chief of police or police constable, who shall duly present it to the director of corrections of the institutions. The director of corrections shall upon receipt of the writ deliver the prisoner to the custody of the officer. The officer shall take and receive the prisoner into his or her custody, shall duly present the prisoner before the court pursuant to the command of the writ, and shall keep and hold the prisoner until by order of the court he or she shall be recommitted to the institutions or otherwise disposed of. Upon the delivery of the custody of the prisoner by the director of corrections to the officer, the director of corrections shall endorse the delivery upon the writ, and the officer shall receipt on the books of the institutions for custody. The officer, upon the production of the prisoner in court, shall further endorse that fact on the writ and deliver it to the clerk or (if there is no clerk) the presiding justice; but shall, as an officer of the court, maintain safe custody of the prisoner until he or she is, by further order, recommitted or discharged.


CREDIT(S)


P.L. 1976, ch. 290, § 9; P.L. 2012, ch. 324, § 34, eff. June 20, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-21. Habeas corpus--Training school for youth


Whenever a writ of habeas corpus shall issue from either the supreme, superior or family court for the production and appearance before it of a prisoner confined in the training school for youth, the writ shall be delivered to the division of sheriffs. Whenever the writ is issued from any other court, it shall be delivered to the division of sheriffs or to any town sergeant or chief of police or police constable who shall duly present it to the superintendent of the training school for youth. The superintendent shall upon receipt of the writ deliver the prisoner to the custody of the officer. The officer shall take and receive the prisoner into his or her custody, shall duly present him or her before the court pursuant to the commands of the writ, and shall keep and hold the prisoner until by order of the court the prisoner shall be recommitted to the institution or otherwise disposed of. Upon the delivery of the custody of the prisoner by the superintendent to the officer, the superintendent shall endorse the delivery upon the writ, and the officer shall receipt on the books of the training school for youth for the custody. The officer, upon the production of the prisoner in court, shall further endorse that fact on the writ and deliver it to the clerk or (if there is no clerk) the presiding justice; but shall, as an officer of the court, maintain safe custody of the prisoner until he or she is, by further order, recommitted or discharged.


CREDIT(S)


P.L. 1976, ch. 290, § 9; P.L. 1977, ch. 69, § 1; P.L. 2012, ch. 324, § 34, eff. June 20, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-22


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-22. Escape from custody


Any person who shall attempt to escape, or who shall escape, from any lawful custody where a penalty is not otherwise provided by law, shall, upon conviction, be deemed guilty of a misdemeanor.


CREDIT(S)


P.L. 1984, ch. 116, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-23


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-23. Allowing prisoners to have controlled substances


(a) Every person who shall voluntarily permit any prisoner to unlawfully have access to any controlled substances as defined in § 21-28-1.02 shall be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both.


(b) For the purposes of this section, “prisoner” includes all persons committed to the adult correctional institutions, in the custody of the warden, in the custody of any other officer while outside the confines of the custodial unit, in the custody of the state director of mental health, retardation and hospitals pursuant to §§ 40.1-5.3-1, or the Rhode Island training school for youth, regardless of whether that prisoner is held upon conviction or upon any criminal charge.


CREDIT(S)


P.L. 1989, ch. 393, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-25-24


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 25. Jails and Prisons

§ 11-25-24. Correctional employees--Sexual relations with inmates--Felony


Every employee of the department of corrections or the employee of a contractor who is under contract to provide services in a correctional institution who engages in sexual penetration as defined in § 11-37-1 with an inmate confined in a correction institution or who is otherwise under the direct custodial supervision and control of that employee shall be guilty of a felony punishable by imprisonment for not more than five (5) years, or by a fine of not more than ten thousand dollars ($10,000), or both.


CREDIT(S)


P.L. 1995, ch. 119, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1. Kidnapping


(a) Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this state against his or her will, or forcibly carries or sends another person out of this state, or forcibly seizes or confines or inveigles or kidnaps another person with intent either to cause him or her to be secretly confined or imprisoned within this state against his or her will or to cause him or her to be sent out of this state against his or her will, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than twenty (20) years.


(b) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


CREDIT(S)


P.L. 1909, ch. 455, § 1; P.L. 1915, ch. 1258, § 7; P.L. 1932, ch. 1866, § 1; P.L. 1988, ch. 539, § 10.


Codifications: G.L. 1896, ch. 277, § 21; G.L. 1909, ch. 343, § 21; G.L. 1923, ch. 395, § 21; G.L. 1938, ch. 606, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1.1. Childsnatching


(a) Any person who intentionally removes, causes the removal of, or detains any child under the age of eighteen (18) years, whether within or without the state of Rhode Island, with intent to deny another person's right of custody under an existing decree or order of the family court, shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment for a term not more than two (2) years, or a fine of not more than ten thousand dollars ($10,000), or both.


(b) It shall be an affirmative defense that:


(1) The person at the time of the alleged violation had lawful custody of the child pursuant to a court order granting legal custody or visitation rights;


(2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of the circumstances and made that disclosure within twenty-four (24) hours after the visitation period had expired and returned the child as soon as possible; or


(3) The person was fleeing an incidence or pattern of domestic violence.


CREDIT(S)


P.L. 1980, ch. 217, § 1; P.L. 1988, ch. 251, § 1; P.L. 1988, ch. 349, § 1; P.L. 1988, ch. 539, § 10; P.L. 1989, ch. 542, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1.2. Abduction of child prior to court order


(a) Any parent, or any person acting pursuant to directions from the parent, who shall, after being served with process in an action affecting the family, but prior to the issuance of a temporary or final order determining custody of a minor child, take or entice a child away from the family unit, whether within or without the state of Rhode Island, for the purpose of depriving the other parent of physical custody of the child for a period greater than fifteen (15) days, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a term up to two (2) years, or a fine of not more than ten thousand dollars ($10,000), or both.


(b) No person shall be deemed to have violated this section if the action:


(1) Is taken to protect the child from imminent physical harm;


(2) Is taken by a parent fleeing from imminent physical harm to himself or herself;


(3) Is consented to by both parents; or


(4) Is otherwise authorized by law.


CREDIT(S)


P.L. 1988, ch. 251, § 1; P.L. 1988, ch. 349, § 2; P.L. 1989, ch. 542, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1.3. Missing child--Duty to investigate


Whenever a parent notifies a local or state police department that his or her minor child and the child's other parent have been missing for at least one week and that their whereabouts are unknown, the police department shall immediately conduct an investigation to ascertain the location of the missing parent and child. However, there shall not be a duty to investigate when the notification is provided by a noncustodial parent denied visitation pursuant to an order of the family court and the parent in possession of the child has custody of the child pursuant to an order of the family court.


CREDIT(S)


P.L. 1988, ch. 251, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1.4. Kidnapping of a minor


Whoever, without lawful authority, forcibly or secretly confines or imprisons any child under the age of sixteen (16) years within this state against the child's will, or forcibly carries or sends the child out of this state, or forcibly seizes, confines, inveigles, or kidnaps the child with intent either to cause the child to be secretly confined or imprisoned within this state against his or her will, or with the intent of sexually assaulting or molesting the child as defined in chapter 37 of this title, or with the intent to abuse the child as defined in chapter 9 of this title, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for life or for any term not less than twenty (20) years. However, nothing contained in this section shall be deemed to make the reasonable lawful acts of a parent in caring for his or her child a violation of this section.


CREDIT(S)


P.L. 1989, ch. 192, § 1; P.L. 2004, ch. 451, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-1.5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-1.5. Enticement of children


(a) A person shall be guilty of a felony if that person attempts to persuade, or persuades a minor child under the age of sixteen (16) years, whether by words or actions or both, with intent to engage in felonious conduct against that child to either:


(1) Leave the child's home or school;


(2) Enter a vehicle or building; or


(3) Enter an area, with the intent that the child shall be concealed from public view; while the person is acting without the authority of: (i) the custodial parent of the child, (ii) the state of Rhode Island or a political subdivision of the state, or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.


(b) Every person convicted of a violation of the provisions of this section shall be guilty of a felony, and shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five thousand dollars ($5,000), or by both fine and imprisonment.


(c) Every person convicted of, or placed on probation for a violation of this section, may be ordered to attend appropriate professional counseling to address his or her behavior.


CREDIT(S)


P.L. 1997, ch. 122, § 1; P.L. 2008, ch. 135, § 1, eff. July 1, 2008; P.L. 2008, ch. 203, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-2. Kidnapping with intent to extort


Whoever commits any of the offenses mentioned in this chapter with intent to extort money or other valuable thing shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment for life or for any term not less than five (5) years.


CREDIT(S)


P.L. 1932, ch. 1866, § 1.


Codifications: G.L. 1923, ch. 395, § 21; G.L. 1938, ch. 606, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-26-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 26. Kidnapping

§ 11-26-3. Venue of prosecutions


Any violation of the provisions of this chapter may be alleged to have been committed, and the offender may be prosecuted and punished, in any county from, through, or into which he or she has transported or carried or caused to be transported or carried another, or in which the person so transported may be found or in which the offender may be found.


CREDIT(S)


P.L. 1915, ch. 1258, § 7; P.L. 1932, ch. 1866, § 1.


Codifications: G.L. 1909, ch. 343, § 21; G.L. 1923, ch. 395, § 21; G.L. 1938, ch. 606, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-1. “Hold himself or herself out” and “person” defined


(a) “Hold himself or herself out” as used in this chapter includes the following: the assumption, use, or advertisement of the title of lawyer, attorney, attorney at law, counselor, counselor at law, solicitor, or any term or terms conveying the idea that the person in connection with whose name they or any of them are used is competent, qualified, authorized, or entitled to practice law, or the use of any kind of sign, token, symbol, card, letterhead, envelope, stationery, circular, or other writing, printing, or painting, or any representation by word or act, the purpose or tendency of which is to convey that idea.


(b) “Person” when used in the phrase “another person” in this chapter, unless the context otherwise requires, includes partnerships, corporations, and associations.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 44; G.L. 1938, ch. 612, § 42.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-2. “Practice of law” defined


“Practice law” as used in this chapter means the doing of any act for another person usually done by attorneys at law in the course of their profession, and, without limiting the generality of the definitions in this section, includes the following:


(1) The appearance or acting as the attorney, solicitor, or representative of another person before any court, referee, master, auditor, division, department, commission, board, judicial person, or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the court or other body;


(2) The giving or tendering to another person for a consideration, direct or indirect, of any advice or counsel pertaining to a law question or a court action or judicial proceeding brought or to be brought;


(3) The undertaking or acting as a representative or on behalf of another person to commence, settle, compromise, adjust, or dispose of any civil or criminal case or cause of action;


(4) The preparation or drafting for another person of a will, codicil, corporation organization, amendment, or qualification papers, or any instrument which requires legal knowledge and capacity and is usually prepared by attorneys at law.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-3. Receipt of fees as practice of law


(a) Except as provided in subsection (b), any person, partnership, corporation, or association that receives any fee or any part of a fee for the services performed by an attorney at law shall be deemed to be practicing law contrary to the provisions of this chapter.


(b) A lawyer or law firm may agree to share a statutory or tribunal-approved fee award, or a settlement in a matter eligible for such an award, with an organization that referred the matter to the lawyer or law firm if: (i) the organization is one that is not for profit; (ii) the organization is tax-exempt under federal law; (iii) the fee award or settlement is made in connection with a proceeding to advance one or more of the purposes by virtue of which the organization is tax-exempt; and (iv) the client consents in a written representation that a division of fees will be made.


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 2006, ch. 578, § 1, eff. July 14, 2006.


Codifications: G.L. 1923, ch. 401, § 46; G.L. 1938, ch. 612, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-4. Forwarding of claim not deemed practice of law


The sending of a claim of a nonresident by a nonresident collection agency to an attorney at law in this state, who is to act solely as agent of the creditor and who is not to be subject to the direction or control of the collection agency, and who does not divide with the collection agency either his or her commission or fee for legal services, shall not be deemed to be practicing law.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 46; G.L. 1938, ch. 612, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-5. Practice restricted to members of bar


No person, except a duly admitted member of the bar of this state, whose authority as a member to practice law is in full force and effect, shall practice law in this state.


CREDIT(S)


P.L. 1917, ch. 1494, § 1; P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-6. Compensation of unqualified persons for legal services prohibited


No person, who is not a member of the bar under § 11-27-5, shall receive any pay or compensation, directly or indirectly, except any forwarding fee of an attorney at law of another state, for any services of any legal nature that are usually done by attorneys at law pertaining to any action or proceeding in any court or before any referee, master, auditor, commission, division, department, board, or other judicial person or body, or for the preparation of any legal instrument, and no court or other judicial person or body shall allow any pay or fee for that service to any person not a member of the bar under § 11-27-5, nor shall any executor, administrator, guardian, trustee, fiduciary, or another person employ or pay for the services any person not a member of the bar under § 11-27-5.


This section shall not be deemed to apply to an organization, or its representatives, meeting the criteria contained in subsection 11-27-3(b).


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 2006, ch. 578, § 1, eff. July 14, 2006.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-7. Filling out and signing of process and communications--Business association with layperson


No attorney at law shall sell any writ of judicial process to any person, except to a member of the bar under § 11-27-5, nor shall he or she deliver any writ or judicial process to another person, and authorize him, her, or it to fill out and issue the writ or judicial process with his or her name on it as the attorney at law, except that the attorney may so authorize any clerk employed by him or her or registered student in his or her office, acting under his or her direction, or any person who is a member of the bar under § 11-27-5, and no person, who is not a member of the bar under § 11-27-5, or not a clerk or student so acting, shall fill out or issue any writ or judicial process for another person, except that nothing in this section shall apply to any justice, or judge or clerk of court, or any notary public or justice of the peace or other official or public boards or commissions acting within his, her, or their authority under the laws of this state. No attorney at law shall authorize any person, except a clerk employed by him or her or a registered student in his or her office acting under his or her direction, or a member of the bar, to use or sign the attorney's name in writing or print in or to any letter or communication calling for the payment of any bill or account or threatening any suit or legal proceeding. No attorney at law shall, together with any other person who is not a member of the bar under § 11-27-5, have or conduct, or advertise or represent in any manner, that they have or conduct a law office or a law and collection office.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-8. Solicitation of business by agents prohibited


No person, partnership, corporation, or association shall act in any manner or in any capacity as an agent for an attorney at law in the solicitation or procurement of any law business, and every contract for professional services secured by an attorney at law through the services of an agent shall be void.


This section shall not be deemed to apply to an organization, or its representatives, meeting the criteria contained in subsection 11-27-3(b).


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 2006, ch. 578, § 1, eff. July 14, 2006.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-9. Restriction on acts of insurance claim adjusters


No insurance claim adjuster or claim agent of any insurance company or public utility corporation shall advise any claimant, who has suffered injury or damage to his or her person or property, or his or her parent, guardian, next friend or other personal representative in respect to his or her legal rights or lack of legal rights arising out of any claim for that injury or damage, or advise any of them not to employ an attorney at law relative to that injury, damage or claim, or represent to any of them that if an attorney at law should be employed the claim would not be settled, or convey that idea by any other words, and no insurance claim adjuster, claim agent, or other agent of the corporation or company shall compromise, or attempt to compromise, any claim through or by means of the intervention of any person other than the claimant, a member of his or her family, his or her guardian or other personal representative, or his or her attorney at law; provided, that a violation of this section shall in no way affect civil rights.


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 1985, ch. 169, § 6.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-10. Agreement or offer to furnish legal services


No person or persons, except members of the bar, either in his, her or their own name or names or under any firm or trade name, shall furnish or agree to furnish legal advice, service or counsel, nor furnish or agree to furnish an attorney at law, nor advertise in any manner that he, she, or they will furnish or agree to furnish legal services or advice or the services of an attorney at law. This prohibition shall not be deemed to apply to an organization, or its representatives, meeting the criteria contained in subsection 11-27-3(b). Nothing in this section shall be deemed to permit members of the bar to advertise contrary to the ethics of their profession.


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 2006, ch. 578, § 1, eff. July 14, 2006.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-11. Practices permitted to persons not members of bar


Nothing in §§ 11-27-5--11-27-11 shall be construed to limit or prevent:


(1) Clerks of court and recorders of deeds from the drafting of any legal instruments that may be necessary for the proper conduct and discharge of their respective offices and duties.


(2) Clerks or registered students in law offices from acting under the direction of a member of the bar of this state whose authority as a member to practice law is in full force and effect.


(3) Any person from occasionally collecting or adjusting any unassigned claim of or against any member of his or her household or of or against his or her regular and principal employer.


(4) The performance of any service personally performed by any natural person acting as administrator, executor, guardian, trustee, or other fiduciary in the preparation, rendering, and allowance of inventories, accounts, tax returns, or other services personally performed by him or her in relation to the fiduciary estate without the intervention of another person.


(5) Town clerks from drafting deeds and mortgages and transfers and discharges of deeds and mortgages for recording in their own offices.


(6) Any person from drawing, in the regular course of his or her regular business or employment, any note, bill, draft, bill of sale, conditional bill of sale, or any ordinary business agreement, to which he or she or his or her regular and principal employer is a party.


(7) Any certified public accountant or member of the American Institute of Accountants from appearing or acting as a representative of another person before any federal, state, or municipal department, board, division, department, commission, agency, or any body other than a court, authorized or constituted by law to determine any question of fact, affecting the imposition or adjustment of taxes or regarding any financial or accounting matter, or from preparing for or on behalf of another person any federal, state, or municipal return or report of any nature or description, or advising another person in relation to the preparation of any such return or report.


(8) Any person registered to practice before the Interstate Commerce Commission or member of the Association of Practitioners before the Interstate Commerce Commission from appearing or acting as representative of another person before any federal, state, or municipal department, board, commission, agency, or any body other than a court, authorized or constituted by law to determine any question of fact, affecting the rights of any carrier of persons or property in intrastate or interstate commerce, or from preparing for or on behalf of another person any federal, state, or municipal application, report or other writing of any nature or description, or advising another person in relation to the preparation of the application, report, or other writing.


(9) Any public accountant from advising a taxpayer in connection with the imposition or adjustment of taxes or any person from preparing for or on behalf of a taxpayer any federal, state, or municipal tax return or tax report, provided the person or public accountant regularly audits or examines the accounting records of the taxpayer or any person from preparing for or on behalf of a taxpayer any federal, state, or municipal personal income tax return.


CREDIT(S)


P.L. 1935, ch. 2190, § 1; P.L. 1940, ch. 947, § 1; P.L. 1954, ch. 3319, § 1; P.L. 1983, ch. 240, § 1; P.L. 1987, ch. 416, § 1; P.L. 2000, ch. 109, § 7.


Codifications: G.L. 1923, ch. 401, § 45; G.L. 1938, ch. 612, § 43.



Current through chapter 491 of the January 2012 session




Gen.Laws 1956, § 11-27-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-12. Unauthorized holding out as qualified to practice law


No person, except a duly admitted member of the bar of this state, whose authority as a member to practice law is in full force and effect, shall assume to be an attorney or counselor at law or hold himself or herself out in any manner to the public or to another person as being competent, qualified, authorized, or entitled to practice law in this state.


CREDIT(S)


P.L. 1907, ch. 1450, § 1; P.L. 1917, ch. 1494, § 1; P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1909, ch. 349, § 44; G.L. 1923, ch. 401, §§ 44, 45; G.L. 1938, ch. 612, § 42.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-13. Visiting attorneys


The provisions of §§ 11-27-1, 11-27-2, and 11-27-5 - 11-27-14 shall not apply to visiting attorneys at law, duly authorized to practice law before the courts of record in another state, while temporarily in this state on legal business, or while permitted to conduct or argue any case in this state according to the rules of practice of the supreme court, but no visiting attorney shall issue or indorse, as attorney, any writ of any court of this state.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 44; G.L. 1938, ch. 612, § 42.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-14. Penalties for violations


Any person violating any of the provisions of this chapter shall, upon a first conviction, be imprisoned for a term not exceeding one year, or fined not exceeding five hundred dollars ($500), or both. Any firm, corporation, or other entity violating any of the provisions of this chapter shall, upon a first conviction, be fined not exceeding five hundred dollars ($500). Every person having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be imprisoned for a term not exceeding five (5) years, or be fined not exceeding five thousand dollars ($5,000), or both. Every firm, corporation, or other entity having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be fined not exceeding five thousand dollars ($5,000).


CREDIT(S)


P.L. 1907, ch. 1450, § 1; P.L. 1917, ch. 1494, § 1; P.L. 1935, ch. 2190, § 1; P.L. 1987, ch. 161, § 1.


Codifications: G.L. 1909, ch. 349, § 44; G.L. 1923, ch. 401, §§ 44, 45; G.L. 1938, ch. 612, §§ 42, 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-15. Superseded



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-16. Practices permitted to corporations and associations


(a) Nothing in §§ 11-27-2 - 11-27-11 or §§ 11-27-16 - 11-27-18 shall be construed to limit or prevent:


(1) Any corporation, or its officers or agents, lawfully engaged in the insuring of titles to real property from conducting its business, and the drawing of deeds, mortgages, and other legal instruments in or in connection with the conduct of the business of the corporation;


(2) Any public utility corporation or insurance company, or its officers or agents, from adjusting claims against the corporation or company or those insured by the company with the restrictions provided in § 11-27-9, or the company, or its officers or agents, from advertising to furnish or from furnishing any attorney at law to represent those insured by the company as provided in its policies;


(3) Any corporation or association, or its officers or agents, from drawing, in the regular course of its business, any note, bill, draft, bill of sale, conditional bill of sale, or any ordinary business agreement to which it is a party;


(4) Any corporate administrator, executor, guardian, trustee, or other fiduciary, or its officers or agents, from preparing and filing inventories and accounts and income, inheritance, and estate tax returns, and from attending to the allowance of uncontested accounts in relation to the fiduciary estates;


(5) Any nonprofit sharing credit corporation or association, or its officers or agents, licensed under former Chapter 1782 of the Public Laws, 1931, from collecting or adjusting, as incidental to its main purposes, contract claims of its own members. However, if the aid of any court is to be invoked on a claim, it shall be turned back to the creditor member for reference to his or her own attorney at law;


(6) Any nonprofit sharing automobile service corporation or association, or its officers or agents, from furnishing the services of an attorney at law, who resides and practices exclusively in another state or country, to its members who reside in this state;


(7) Any person or corporation, or its officers or clerks, whose principal source of income is his or its commissions or profits from his, her or its selling or leasing real estate, or both, and who regularly maintains an office for that purpose, from drafting deeds, mortgages, leases and agreements in connection with sales or leases made or negotiated by him, her, or it; provided, that in every such case the drafter shall so endorse his or her full name and business address upon the face of the instrument that the endorsement will be recorded if the instrument is recorded;


(8) Any automobile club or association from paying or agreeing to pay for the services of an attorney to advise and defend its members, providing the attorney is of the member's own selection and is not subject to the control of the club or association; or


(9) Any nonprofit credit counseling corporation or association, or its officers or agents, from providing financial and budgetary advice and judgment to individuals in connection with:


(i) The creation of a budgetary plan;


(ii) The creation of a plan whereby an individual turns over an agreed amount of his or her income to a nonprofit credit counseling corporation which distributes it to his or her creditors in accordance with a plan which they have approved and which may provide for smaller payments or a longer term than the original contract;


(iii) The providing of educational services relating to the use of credit; or


(iv) Any combination of paragraphs (i) through (iii) of this subdivision.


(b) No corporation established for the purpose of providing credit counseling shall engage in the practice of law, and an individual receiving credit counseling shall, when necessary, be referred to an attorney of his or her own choice, the local bar association referral service, or a local legal aid program, whichever may seem most appropriate.


CREDIT(S)


P.L. 1917, ch. 1494, § 2; P.L. 1935, ch. 2190, § 1; P.L. 1991, ch. 349, § 3;P.L. 1992, ch. 368, § 3.


Codifications: G.L. 1923, ch. 401, § 46; G.L. 1938, ch. 612, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-17. Penalty for violations by corporation


Any corporation violating any of the provisions of §§ 11-27-3, 11-27-4, and 11-27-16 - 11-27-18 shall be fined not exceeding five thousand dollars ($5,000), and every officer, director, trustee, agent, or employee of any corporation or association who, directly or indirectly, engages in any of the acts prohibited in this chapter, or assists a corporation or association to do any prohibited acts, shall be guilty of a misdemeanor, and shall be subject to the penalty prescribed in § 11-27-14. The fact that any officer, trustee, director, agent, or employer shall be entitled to practice law in this state shall not be held to permit or allow any corporation or association to do any of the acts prohibited in this chapter, nor shall that fact be a defense upon the trial of any corporation or of any of the persons mentioned in this section for a violation of any of the provisions of §§ 11-27-3, 11-27-4, and 11-27-16 - 11-27-18.


CREDIT(S)


P.L. 1917, ch. 1494, § 2; P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 46; G.L. 1938, ch. 612, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-18. Legal Aid Society--Powers of supreme court


Nothing in §§ 11-27-1 - 11-27-17 shall be deemed to apply to the Legal Aid Society of Rhode Island, or be construed in any way as an attempt to affect or as affecting the right of the supreme court to regulate and discipline members of the bar for breach of their duties.


CREDIT(S)


P.L. 1935, ch. 2190, § 1.


Codifications: G.L. 1923, ch. 401, § 46; G.L. 1938, ch. 612, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-19. Unauthorized practice of law committee--Powers and duties--Duties of attorney general


(a) There is established an unauthorized practice of law committee to be appointed by the supreme court consisting of any number that shall be determined by the supreme court.


(b) It shall be the duty of the attorney general and the unauthorized practice of law committee to enforce the provisions of this chapter and to investigate and prosecute all violations. It shall be the duty of the attorney general to prosecute all criminal violations. The superior court shall have jurisdiction to restrain and enjoin any of the acts prohibited in this chapter upon a complaint brought by the attorney general, by any member of the bar of this state whose authority as a member to practice law is in full force and effect or by the unauthorized practice of law committee.


(c) The unauthorized practice of law committee may sue in its own name for the purpose of civil litigation as provided by this section.


(d) The unauthorized practice of law committee shall have the following duties and powers:


(1) To adopt, amend, and rescind any rules and regulations that it deems necessary to carry out the provisions of this section, a copy of which rules and regulations shall be filed with the secretary of state and available for public inspection.


(2) To investigate all reports of activities which may constitute unauthorized practice of law and to hold hearings to determine whether the charges are substantiated or unsubstantiated;


(3) To appoint legal counsel and any assistants that the committee deems necessary to act for the committee in investigating complaints brought before it;


(4) To make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of the committee's duties;


(5) To issue subpoenas and administer oaths in connection with any investigations, hearings, or other proceedings held under the authority of this chapter;


(6) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;


(7) To summon and examine witnesses during any investigation, hearing, or proceeding conducted by the committee;


(e) There shall be no liability on the part of, and no cause of action of any nature shall arise against, the unauthorized practice of law committee, its agents, or its employees, or its members or against any organization or its members or other witnesses and parties to the committee's proceedings for any statements made by them in documents, reports, communications, or testimony concerning any investigation of the conduct of any person, firm, corporation, or other entity alleged to be engaged in the unauthorized practice of law.


(f) Subpoenas may be issued by the committee on its own motion to compel the production of documents or other written records or the attendance of witnesses at any investigation or hearing. The committee may issue subpoenas at the request and on behalf of the accused. In the event that any person contumaciously refuses to obey a subpoena or answer any proper question put to that person during a hearing or proceeding, the superior court shall have jurisdiction upon application by the committee to issue that person an order requiring the person to appear before the committee, there to produce evidence if so ordered, or there to give testimony concerning the matter under investigation. The committee shall have the power to request the superior court to punish all intentional disregard of the court orders as contempt.


(g) Within thirty (30) days, if practical, after holding a hearing, the committee shall make a written report of its findings of fact and its recommendation, and the report shall be immediately transmitted to the chief justice of the supreme court with a transcript of the evidence. A copy of the report shall be furnished to the accused.


(h) The administration of the committee shall be funded from annual fees to be determined by the supreme court. These fees shall be charged to and apportioned among the licensed attorneys and counselors of the supreme court of this state, the payment of which shall be a condition to practicing in the state of Rhode Island. Monies shall be received by the supreme court in the same manner as lawyers' registration fees and credited to a fund known as the unauthorized practice of law committee administration fund. All monies in the fund shall be utilized only for the purpose of maintaining, managing, operating, and administering the unauthorized practice of law committee in carrying out its functions. The committee shall make an annual financial report to the supreme court of Rhode Island.


CREDIT(S)


P.L. 1917, ch. 1494, § 3; P.L. 1935, ch. 2190, § 1; P.L. 1982, ch. 420, § 1; P.L. 1984, ch. 407, § 1; P.L. 2007, ch. 56, § 1, eff. June 20, 2007; P.L. 2007, ch. 64, § 1, eff. June 20, 2007.


Codifications: G.L. 1923, ch. 401, § 47; G.L. 1938, ch. 612, § 45.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-27-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 27. Law Practice

§ 11-27-20. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 28. Malfeasance and Misfeasance in Office

§ 11-28-1. Failure to pay state funds into treasury


Every officer or other person receiving or having in his or her hands money belonging to the state that should be paid into the state treasury, shall pay that money to the general treasurer within seven (7) business days after he or she shall receive it or at any other times that may be deemed necessary by the general treasurer. In the case of funds which have been received by the state court system, he or she shall pay at any other times that may be initially approved by the director of finance of the supreme court and then approved by the general treasurer or unless otherwise provided by law. Every person who shall, without just cause, neglect or refuse to pay over that money, shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding five (5) years.


CREDIT(S)


P.L. 1896, ch. 29, § 20; P.L. 1987, ch. 137, § 1; P.L. 1990, ch. 418, § 1.


Codifications: G.L. 1909, ch. 39, § 20; G.L. 1923, ch. 37, § 16; G.L. 1938, ch. 605, § 26.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 28. Malfeasance and Misfeasance in Office

§ 11-28-2. Failure of officer to pay over fines, forfeitures, or penalties


Every officer who shall receive any fines, forfeitures, or penalties shall immediately pay them into the proper office where by law they ought to be paid. Every judicial, executive, or ministerial officer who shall refuse or neglect for three (3) months to pay over any fine, forfeiture, or penalty or any part of which that may have come to his or her hands to the proper officer to whom by law they should be paid or delivered, shall be fined three (3) times the value or amount of the fine, forfeiture, or penalty that was withheld or not paid over.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 22; G.L. 1909, ch. 342, § 22; G.L. 1923, ch. 394, § 22; G.L. 1938, ch. 605, § 22.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 28. Malfeasance and Misfeasance in Office

§ 11-28-3. Failure of presiding officer or clerk of municipal governing body to perform duties


The presiding officer of any city council or town council who shall refuse or neglect, when acting as the presiding officer, to put to a vote of the body over which he or she presides any appeal made by a member of the body from any ruling of the presiding officer, or who, when the appeal has been sustained, shall refuse or willfully neglect to put to the body the question which caused the appeal to be made, and any clerk or recording officer of any body who shall refuse or neglect to record in full the proceedings of any body of which he or she may be clerk as described in this section, shall be fined for each neglect or refusal not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), and be disqualified for the term of five (5) years from holding the office of the presiding officer or the office by virtue of which he is the presiding officer.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 19; G.L. 1909, ch. 342, § 19; G.L. 1923, ch. 394, § 19; G.L. 1938, ch. 605, § 19.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-28-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 28. Malfeasance and Misfeasance in Office

§ 11-28-4. Omission or delay of duty by sheriff, sergeant, or constable


A deputy sheriff, town sergeant, city sergeant or constable, who shall receive from any defendant or any other person any money or other valuable thing as a consideration, reward, or inducement for omitting or delaying to perform any duty pertaining to his or her office, shall be imprisoned not exceeding six (6) months or be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 2012, ch. 324, § 35, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 276, § 21; G.L. 1909, ch. 342, § 21; G.L. 1923, ch. 394, § 21; G.L. 1938, ch. 605, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-29-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 29. Mayhem

§ 11-29-1. Penalty for mutilation or disabling


Every person who shall voluntarily, maliciously or of purpose put out an eye, slit the nose, ear, or lip, or cut off, bite off, or disable any limb or member of another, shall be imprisoned not exceeding twenty (20) years nor less than one year.


CREDIT(S)


P.L. 1990, ch. 84, § 1.


Codifications: G.L. 1896, ch. 277, § 6; G.L. 1909, ch. 343, § 6; G.L. 1923, ch. 395, § 6; G.L. 1938, ch. 606, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-1. Definitions


For the purpose of this chapter and chapter 1 of title 10, the terms “nuisance or common nuisance”, “person”, or “place” are defined as follows:


(1) “Nuisance” or “common nuisance” means and includes any place as defined in this section in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists, and the personal property used in conducting or maintaining any place for that purpose, and all buildings, places, or tenements used as houses of ill fame, for illegal gaming, or where intemperate, idle, dissolute, noisy, or disorderly persons are in the habit of resorting;


(2) “Person” includes any individual, corporation, association, partnership, trustee, lessee, agent, or assignee; and


(3) “Place” includes any building, structure, or tenement, or any separate part or portion of a building or structure, or the ground itself.


CREDIT(S)


P.L. 1925, ch. 672, § 1; P.L. 1932, ch. 1858, § 1.


Codifications: G.L. 1896, ch. 92, § 1; G.L. 1909, ch. 108, § 1; G.L. 1923, ch. 120, § 1; G.L. 1938, ch. 598, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-2. Unlicensed manufacture or distribution of intoxicating liquor


(a) All buildings, places, tenements, vehicles, or vessels used for the manufacture for sale, the transportation for sale, the sale, or the keeping for sale, of intoxicating liquor for beverage purposes are declared to be common nuisances unless it shall be used, manufactured, kept for sale, or sold under a validly existing license issued for that purpose by some board, body, or official authorized to issue it.


(b) “Liquor” or “intoxicating liquor” means any liquid fit for beverage purposes containing more than three and two-tenths per cent (3.2%) of alcohol by weight.


CREDIT(S)


P.L. 1932, ch. 1858, § 1; P.L. 1933, ch. 2045, § 1.


Codifications: G.L. 1896, ch. 92, § 1; G.L. 1909, ch. 108, § 1; G.L. 1923, ch. 120, § 1; G.L. 1938, ch. 598, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-3. Penalty for common nuisance


Every person keeping or maintaining any common nuisance enumerated in § 11-30-1 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and be imprisoned not less than thirty (30) days nor more than three (3) years.


CREDIT(S)


P.L. 1928, ch. 1176, § 1; P.L. 1932, ch. 1858, § 2.


Codifications: G.L. 1896, ch. 92, § 2; G.L. 1909, ch. 108, § 2; G.L. 1923, ch. 120, § 2; G.L. 1938, ch. 598, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-4. Penalty for nuisance involving intoxicating liquors


Every person keeping or maintaining any common nuisance enumerated in § 11-30-2, or aiding in so doing, shall for the first offense be punished by a fine of not more than six hundred dollars ($600), and for a second and each subsequent offense shall be fined not more than one thousand dollars ($1,000) or be imprisoned for not more than two (2) years in the adult correctional institutions, or both, in the discretion of the court. Money arising from fines imposed under this section shall be paid one-half (   1/2 ) to the general treasurer of the state and one-half (   1/2 ) to the treasurer of the town or city where the offense occurred.


CREDIT(S)


P.L. 1928, ch. 1176, § 1; P.L. 1932, ch. 1858, § 2; P.L. 1956, ch. 3721, § 1; P.L. 1997, ch. 291, § 1.


Codifications: G.L. 1896, ch. 92, § 2; G.L. 1909, ch. 108, § 2; G.L. 1923, ch. 120, § 2; G.L. 1938, ch. 598, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-5. Evidence as to intoxicating liquors


It shall not be necessary to prove an actual sale of intoxicating liquors in any building, place, or tenement, in order to establish the character of such premises as a common nuisance as provided in § 11-30-2 The notorious character of any premises, the notoriously bad or intemperate character of persons visiting them, the keeping of the implements or appurtenances usually appertaining to grog-shops, tippling-shops, or places where intoxicating liquors are sold, shall be evidence that the premises are nuisances within the meaning of §§ 11-30-1 and 11-30-2. Evidence of the sale or keeping of intoxicating liquors for sale in any building, place or tenement shall be evidence that the sale or keeping is illegal, and that the premises are nuisances within the meaning of §§ 11-30-1 and 11-30-2.


CREDIT(S)


Codifications: G.L. 1896, ch. 92, § 3; G.L. 1909, ch. 108, § 3; G.L. 1923, ch. 120, § 3; G.L. 1938, ch. 598, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-6. Annulment of lease by maintenance of nuisance


If any person, being a tenant or occupant under any lawful title of any building or tenement not owned by him or her, shall use the premises or any part for any of the purposes enumerated in §§ 11-30-1 and 11-30-2, that use shall annul the lease or other title under which the occupant holds, and, without any act of the owner, shall cause the right of possession to revert and vest in him or her, and the owner may make immediate entry on it and repossess himself or herself of the premises without process of law.


CREDIT(S)


Codifications: G.L. 1896, ch. 92, § 4; G.L. 1909, ch. 108, § 4; G.L. 1923, ch. 120, § 4; G.L. 1938, ch. 598, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-7. Landlord's liability for nuisance


Every person who shall let any building or tenement owned by him or her or under his or her control, for any of the purposes enumerated in §§ 11-30-1 and 11-30-2, or who shall knowingly permit any building, tenement, or part of one to be so used while under his or her control, or who shall after five (5) days notice from any officer or magistrate of that use of the building or tenement omit to take all reasonable measures to eject the tenant or occupant from the premises as soon as it may lawfully be done, shall be deemed and taken to be guilty of aiding in the maintenance of the nuisance, and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the adult correctional institutions not less than sixty (60) days nor more than one year.


CREDIT(S)


P.L. 1956, ch. 3721, § 1.


Codifications: G.L. 1896, ch. 92, § 5; G.L. 1909, ch. 108, § 5; G.L. 1923, ch. 120, § 5; G.L. 1938, ch. 598, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-8. Entry by police officers of premises--Commanding departure of persons found


The sheriffs of the several counties and their deputies, and the town sergeants, constables, and chiefs of police of the several towns and cities may, within their respective towns and counties, enter any house or building which they have cause to suspect to be inhabited for purposes of prostitution and lewdness, to be resorted to by persons of ill fame or by persons of dissolute, idle, or disorderly character, or in which they have reasonable cause to believe intoxicating liquors are sold in violation of law, or unlawful games are carried on or permitted, or in which they have reasonable cause to believe a common nuisance is kept or maintained. Upon entering the house or building they may command all persons assembled there to immediately depart from the house or building. In the event of the neglect or refusal of any person so commanded to leave, they may arrest that person and hold him or her for a period not exceeding twenty-four (24) hours for prosecution. Every person who shall so refuse or neglect shall be deemed guilty of a misdemeanor and shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding thirty (30) days.


CREDIT(S)


Codifications: G.L. 1896, ch. 92, § 8; G.L. 1909, ch. 108, § 8; G.L. 1923, ch. 120, § 8; G.L. 1938, ch. 598, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-9. Officers commanding aid in execution


Any of the officers referred to in § 11-30-8 may command aid in the execution of the authority conferred to them by that section.


CREDIT(S)


Codifications: G.L. 1896, ch. 92, § 9; G.L. 1909, ch. 108, § 9; G.L. 1923, ch. 120, § 9; G.L. 1938, ch. 598, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-10. Unlawful sale of beverages by club or association


All buildings, places, or tenements located within any town or city used by any club or other association, whether incorporated or not, for the purpose of selling, distributing, or dispensing intoxicating liquors to its members or others for beverage purposes, shall be deemed to be common nuisances, unless it shall be used for the sale, distribution, or dispensing of intoxicating or alcoholic beverages to its members under a validly existing license issued for that purpose by some board, body or official authorized to issue it. Whoever keeps, maintains, or assists in keeping or maintaining, a common nuisance shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and all costs of prosecution and conviction. Upon the conviction of any incorporated club or association or any officer, member, agent, or employee, under the provisions of this chapter, the charter of the club or association shall become null and void.


CREDIT(S)


P.L. 1905, ch. 1235, § 1.


Codifications: G.L. 1909, ch. 108, § 10; G.L. 1923, ch. 120, § 10; G.L. 1938, ch. 598, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-11. Injunction


Any person who shall use, occupy, establish, or conduct a nuisance, or aid or abet in it, either as principal or as the agent of any other person, shall be guilty of maintaining a nuisance and shall be enjoined as provided in chapter 1 of title 10.


CREDIT(S)


P.L. 1925, ch. 672, § 2.


Codifications: G.L. 1938, ch. 598, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-12. Slaughterhouses, rendering plants, garbage plants, and brick kilns


All buildings, places, or lands used as slaughterhouses, rendering establishments, garbage plants, or brick kilns, and located within three hundred (300) feet of any public park or public hospital, are declared to be common nuisances. This section shall not apply to any slaughterhouse or rendering establishment previously located by the proper authorities of any city or town. Every person who shall maintain any common nuisance of this type shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding one year, or both.


CREDIT(S)


P.L. 1905, ch. 1240, §§ 1, 2; P.L. 1906, ch. 1345, § 1.


Codifications: G.L. 1909, ch. 109, §§ 6, 7; G.L. 1923, ch. 122, §§ 6, 7; G.L. 1938, ch. 600, §§ 6, 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-30-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 30. Nuisances

§ 11-30-13. Burning of decaying and waste substances


No owner, lessee, or occupant of any land used or suffered to be used as a dumping ground shall burn or suffer to be burned on it, and no other person shall ignite or burn on it, any refuse or decaying animal, fish or vegetable substances, or any waste materials or substances of any kind, in any manner that the burning shall be a nuisance to any person or persons owning or occupying any adjoining or neighboring land. Any person who shall violate any of the provisions of this section shall be fined not exceeding twenty dollars ($20.00) for each offense.


CREDIT(S)


P.L. 1908, ch. 1523, §§ 1, 2.


Codifications: G.L. 1909, ch. 109, §§ 8, 9; G.L. 1923, ch. 122, §§ 8, 9; G.L. 1938, ch. 600, §§ 8, 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-1. Circulation of obscene publications and shows


(a) Every person who willfully or knowingly promotes for the purpose of commercial gain within the community any show, motion picture, performance, photograph, book, magazine, or other material which is obscene shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not more than two (2) years, or both.


(b) For the purpose of this section:


(1) In determining whether or not a show, motion picture, performance, photograph, book, magazine, or other material is obscene the trier of the fact must find:


(i) That the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;


(ii) That the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by this chapter; and


(iii) That the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.


(2) “Community standards” means the geographical area of the state of Rhode Island and Providence Plantations.


(3) “Knowingly” means having knowledge of the character and content of the material or failure on notice to exercise reasonable inspection which would disclose the content and character of it.


(4) “Material” means anything tangible which is capable of being used or adapted to arouse prurient interest through the medium of reading, or observation.


(5) “Patently offensive” means so offensive on its face as to affront current standards of decency.


(6) “Performance” means any play, motion picture, dance, or other exhibition performed before an audience.


(7) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do it for resale.


(8) “Sexual conduct” means:


(i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.


(ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an act of apparent sexual stimulation or gratification.


(iii) Masturbation, excretory functions, and lewd exhibitions of the genitals.


(9) “Standards of decency” means community standards of decency.


(c) If any of the depictions and descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included because the depictions or descriptions are constitutionally protected or for any other reason, that declaration shall not invalidate this chapter as to other sexual conduct included in this chapter.


CREDIT(S)


P.L. 1978, ch. 218, § 2; P.L. 1979, ch. 406, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-2. Forfeiture of obscene publications


Any obscene book, pamphlet, ballad, printed paper, or other thing mentioned in § 11-31-1 found by any officer in executing a search warrant or which shall be produced and brought into court shall be forfeited to the state. Further proceedings shall be had on them for their forfeiture as is prescribed by law in chapter 21 of title 12, and upon entry of final judgment of forfeiture the item shall be destroyed by order of the court. However, if any book, pamphlet, ballad, printed paper or other thing mentioned in § 11-31-1 is seized by any officer in executing a search warrant, it shall not be forfeited to the state unless the person, firm, corporation, or association claiming a proprietary interest in and to it or in whose possession it is found has been accorded the opportunity for a hearing on the question of whether it is obscene as provided by § 12-5-8.


CREDIT(S)


P.L. 1915, ch. 1219, § 2; P.L. 1965, ch. 168, § 6; P.L. 1966, ch. 259, § 2.


Codifications: G.L. 1896, ch. 281, § 14; G.L. 1909, ch. 347, § 15; G.L. 1923, ch. 399, § 15; G.L. 1938, ch. 610, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-3 to 11-31-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-3 to 11-31-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-3 to 11-31-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-3 to 11-31-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-3 to 11-31-7. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-8. Entry of premises by deputies


Any deputy sheriff, when so directed by the director of the department of public safety, may, in the discharge of their duties, enter any exhibition, performance, or place mentioned in this chapter or chapter 22 of title 5.


CREDIT(S)


P.L. 1905, ch. 1249, § 1; P.L. 2012, ch. 324, § 36, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 103, § 8; G.L. 1909, ch. 124, § 13; G.L. 1923, ch. 129, § 13; G.L. 1938, ch. 362, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-9. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-10. Sale or exhibition to minors of indecent publications, pictures, or articles


(a) Every person who shall willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale, or distributing to any person under the age of eighteen (18) years, has in his or her possession with intent to engage in that business or to otherwise offer for sale or commercial distribution to any person under the age of eighteen (18) years, or who shall display at newsstands or any other business establishment frequented by persons under the age of eighteen (18) years or where persons under the age of eighteen (18) years are or may be invited as a part of the general public, any motion picture, any still picture, photograph, or any book, pocket book, pamphlet, or magazine of which the cover or content consists of explicit representations of “sexual conduct”, “sexual excitement”, “nudity” and which is indecent for minors or which is predominantly made up of descriptions of “sexual conduct”, “sexual excitement”, “nudity” and which is indecent, shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not more than two (2) years, or both.


(b) As used in this section, the following words have the following meaning:


(1) “Indecent for minors” means:


(i) Appealing to the prurient interest in sex of minors;


(ii) Patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors; and


(iii) Lacking serious literary, artistic, political, or scientific value for minors;


(2) “Knowingly” means having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose its content and character;


(3) “Nudity” means less than completely and opaquely covered; human genitals, pubic regions, buttock, and female breast below a point immediately above the top of the areola;


(4) “Sexual conduct” means act of human masturbation, sexual intercourse, sodomy, fondling, or other erotic touching of human genitals, pubic region, buttock, or female breasts; and


(5) “Sexual excitement” means human genitals in a state of sexual stimulation or arousal.


CREDIT(S)


P.L. 1956, ch. 3686, § 1; P.L. 1960, ch. 134, § 3; P.L. 1966, ch. 259, § 2; P.L. 1971, ch. 30, § 1; P.L. 1979, ch. 406, § 1; P.L. 1981, ch. 221, § 1.


Codifications: G.L. 1938, ch. 610, § 48.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-11. Severability of provisions


If any section or provision or the application of the section or provision of this chapter to any person or circumstances shall be held invalid, the validity of the remainder of the sections and the applicability of the sections or provisions to other persons or circumstances shall not be affected.


CREDIT(S)


P.L. 1979, ch. 276, § 1; P.L. 1979, ch. 406, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-12. Penalty for making receipt of obscene publications a condition to delivery of other publications


(a) Any person, firm, corporation, or association who shall as a condition to a sale, allocation, consignment, or delivery for resale of any book, periodical, publication, pamphlet, magazine, ballad, printed paper, print, photograph, or any other thing require that the purchaser or consignee receive for resale any other book, periodical, publication, pamphlet, magazine, ballad, printed paper, print, picture, photograph, or other thing which is obscene or shall deny or threaten to deny any franchise or impose or threaten to impose any penalty financial or otherwise, by reason of the failure of any person to accept the book, periodical, publication, pamphlet, magazine, ballad, printed paper, print, picture, photograph, or other thing, or by reason of the return of it, shall be imprisoned for a term not to exceed two (2) years or shall pay a fine of not more than one thousand dollars ($1,000) nor less than one hundred dollars ($100).


(b) For the purpose of this section, “obscene” has the same meaning as defined in § 11-31-1.


CREDIT(S)


P.L. 1959, ch. 86, § 2; P.L. 1966, ch. 259, § 2; P.L. 1978, ch. 218, § 3; P.L. 1979, ch. 406, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§ 11-31-13. Injunctive proceedings by attorney general


The attorney general, upon complaint being made to him or her under oath that any person is violating any of the provisions of §§ 11-31-1 and 11-31-12, may institute in his or her name as attorney general of the state of Rhode Island an action to enjoin the violation in a court of competent jurisdiction. The Rhode Island Superior Court Rules of Civil Procedure shall apply to all such actions whenever possible. Any person against whom an action has been brought shall be entitled to a trial of the issues within one day after the joinder of issue and to a decision by the court within forty-eight (48) hours of the conclusion of the trial. No restraining orders or preliminary injunctions shall be issued under this section, and the hearing shall be upon the merits of the case. After the hearing, the court may restrain and/or enjoin any person, firm, corporation, or association from violating any of the provisions of §§ 11-31-1 and 11-31-12 with regard to whether criminal proceedings have already been or may be instituted.


CREDIT(S)


P.L. 1959, ch. 86, § 2; P.L. 1966, ch. 259, § 2; P.L. 1978, ch. 218, § 3; P.L. 1979, ch. 406, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-14, 11-31-15. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31. Obscene and Objectionable Publications and Shows

§§ 11-31-14, 11-31-15. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31.1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31.1. Adjudication of Obscene Publications [Transferred]

§§ 11-31.1-1 to 11-31.1-12. Transferred to § 12-27-1 et seq.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-31.1-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 31.1. Adjudication of Obscene Publications [Transferred]

§§ 11-31.1-1 to 11-31.1-12. Transferred to § 12-27-1 et seq.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-1. Obstructing officer in execution of duty


Every person who shall obstruct any officer, civil, military, or otherwise, including any state, city, or town police, deputy sheriff, or fire fighter, while in the execution of his or her office or duty, shall be imprisoned not exceeding one year or be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 1980, ch. 186, § 1; P.L. 2012, ch. 324, § 37, eff. June 20, 2012.


Codifications: G.L. 1896, ch. 276, § 7; G.L. 1909, ch. 342, § 7; G.L. 1923, ch. 394, § 7; G.L. 1938, ch. 605, § 7; G.L. 1938, ch. 220, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-2. False report of crime


Every person who shall knowingly make or cause to be made a false statement of a crime, either oral or written, with intent that it be relied upon by a police officer of any city or town or by any member of the state police, shall be deemed guilty of obstructing an officer and shall be imprisoned not exceeding one year and/or be fined not exceeding five hundred dollars ($500), and shall in addition to this imprisonment and/or fine be ordered to make restitution to the person falsely accused of a crime for any damage which the person sustained as a result of the false complaint.


CREDIT(S)


P.L. 1971, ch. 184, § 1; P.L. 1985, ch. 176, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-3. Obstruction of the judicial system


Whoever corruptly, maliciously, recklessly, by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror or officer in or of any court of this state or officer who may be serving at any examination or other proceeding before any justice, magistrate, or other officer of the court, in the discharge of his or her duty; or injures any party on his or her person or property on account of his or her attending or having attended such court or examination before such justice, magistrate, or other officer, or on account of his or her testifying or having testified to any matter pending in it; or injures any grand or petit juror in his or her person or property on account of any verdict or indictment assented to by him or her, or on account of being or having been a juror, or injures any justice, magistrate, or other officer in his or her person or property on account of the performance of his or her official duties; or corruptly, maliciously, recklessly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice; shall be fined not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.


CREDIT(S)


P.L. 1977, ch. 193, § 1; P.L. 1980, ch. 91, § 1; P.L. 1998, ch. 442, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-4. Definitions


For the purposes of this chapter, the following terms mean:


(1) “Malice” means an intent to vex, annoy, harm, or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice.


(2) “Victim” means any natural person against whom any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated.


(3) “Witness” means any natural person:


(i) Having knowledge of the existence or nonexistence of facts relating to any crime;


(ii) Whose declaration under oath is received or has been received as evidence for any purpose;


(iii) Who has reported any crime to any peace officer, prosecutor, probation or parole officer, correctional officer or judicial officer;


(iv) Who has been served with a subpoena issued under the authority of any court in the state, or of any other state or of the United States; or


(v) Who would be believed by any reasonable person to be an individual described in paragraphs (i)-(iv) of this subdivision.


CREDIT(S)


P.L. 1980, ch. 91, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-5. Intimidation of witnesses and victims of crimes


(a) Any person who, by expressly or impliedly threatening to commit any unlawful act, maliciously and knowingly communicates with another person with the specific intent to intimidate a victim of a crime or a witness in any criminal proceeding with respect to that person's participation in any criminal proceeding shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500), or imprisoned not more than one year, or both.


(b) Any person who, with the specific intent to intimidate a victim of a crime or a witness in any criminal proceeding with respect to that person's participation in any criminal proceeding, causes a physical injury to or damages the property of any person or expressly or impliedly threatens to cause physical injury to or damage to the property of any person, or, with specific intent to intimidate, acts for pecuniary gain shall be guilty of a felony and, upon conviction, shall be fined not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.


(c) As used in this section, “criminal proceeding” means the filing of a criminal complaint, any grand jury proceedings, any trial or hearing conducted in any court relating to a criminal matter, any proceeding before the parole board or any official inquiry into an alleged criminal violation.


(d) Nothing in this section shall be construed to prevent an attorney from interviewing any witness or victim or from otherwise investigating a matter on behalf of a client in an otherwise lawful manner.


CREDIT(S)


P.L. 1980, ch. 91, § 2; P.L. 1982, ch. 372, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-6. Jurisdiction of district, superior and family courts


(a) Any court with jurisdiction over any criminal matter, including the family court when it has jurisdiction of a juvenile by virtue of a wayward or delinquent petition alleging the violation of any criminal statute of the state of Rhode Island, may, in its discretion, upon good cause (which may include, but is not limited to, credible hearsay or the declaration of the prosecutor or defense attorney) that intimidation or dissuasion of any person who is a victim or who is a witness, has occurred or is reasonably likely to occur, issue orders including, but not limited to, the following:


(1) An order that a defendant not violate any provision of this chapter.


(2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate any provisions of this chapter.


(3) An order that any person described in this subsection maintain a prescribed geographic distance from any specified witness or victim.


(4) An order that any person described in this subsection have no communication whatsoever with any specified witness or any victim, except through an attorney under any reasonable restrictions that the court may impose.


(5) An order calling for a hearing to determine if an order as described in subdivisions (1) through (4) of this subsection should be issued.


(6) An order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim and/or witness.


(b) Every person violating any order made pursuant to subsection (a) of this section may be punished in any or all manner as follows:


(1) For any substantive offense described in § 11-32-5.


(2) As a contempt of the court making the order. No finding of contempt shall be a bar to prosecution for a substantive offense under § 11-32-5, but any conviction or acquittal for any substantive offense under § 11-32-5 shall be a bar to subsequent punishment for contempt arising out of the same act.


(3) By revocation of any form of pretrial release and/or the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding him or her into custody. Revocation may, after a hearing and upon showing by clear and convincing evidence, in the sound discretion of the court, be made whether the violation order complained of has been personally committed by the defendant or was in any way caused or encouraged to have been committed by the defendant.


CREDIT(S)


P.L. 1980, ch. 91, § 2; P.L. 1981, ch. 134, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-32-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 32. Obstructing Justice

§ 11-32-7. Pretrial release


(a) Any pretrial release of any defendant, whether on bail or under any other form of recognizance, shall be deemed as a matter of law to include a condition that the defendant neither do nor cause to be done nor knowingly permit to be done on his or her behalf any act proscribed in this chapter.


(b) Every person who willfully violates this condition of pretrial release is subject to revocation of release and for the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding him or her into custody whether or not the defendant was the subject of an order under § 11-32-6.


(c) From and after May 8, 1980, any receipt for any bail or bond given by any court by any surety or bondsman and/or any written promise to appear on one's own recognizance shall contain, in a conspicuous location, notice of this section.


CREDIT(S)


P.L. 1980, ch. 91, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-1. Perjury


(a) Every person under oath or affirmation who knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing it contains any false material declaration, shall be deemed guilty of perjury.


(b) An indictment or information for violation of this section alleging that on oath or affirmation the defendant has knowingly made two (2) or more declarations which are inconsistent to the degree that one of them is necessarily false need not specify which declaration is false if:


(1) Each declaration was material to the point in question; and


(2) Each declaration was made within the period of the statute of limitations established in § 12-12-17.


(c) In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant on oath or affirmation made irreconcilably contradictory declarations material to the point in question. It shall be a defense to an indictment or information made pursuant to this subsection that the defendant, at the time he or she made each declaration, believed the declaration was true.


(d) Where in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits the declaration to be false, that admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that the falsity has been or will be exposed.


(e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that proof be made by any particular number of witnesses or by documentary or other type of evidence.


CREDIT(S)


P.L. 1981, ch. 244, § 1.


Codifications: G.L. 1896, ch. 276, § 1; G.L. 1909, ch. 342, § 1; G.L. 1923, ch. 394, § 1; G.L. 1938, ch. 605, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-2. Penalty for perjury


Every person who shall be guilty of perjury or of subornation of perjury by procuring another to commit perjury, shall be imprisoned not exceeding twenty (20) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 2; G.L. 1909, ch. 342, § 2; G.L. 1923, ch. 394, § 2; G.L. 1938, ch. 605, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-3. Attempt to procure perjury


Every person who shall endeavor to incite or procure another to commit perjury, though the person incited does not commit perjury, shall be imprisoned not exceeding ten (10) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 276, § 3; G.L. 1909, ch. 342, § 3; G.L. 1923, ch. 394, § 3; G.L. 1938, ch. 605, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-4. False swearing pertaining to sale or conveyance of property


Every person over the age of eighteen (18) years who shall willfully swear or affirm falsely before any notary public, justice of the peace, or other officer authorized to administer oaths, concerning any material fact relating to any contract, lease, or other document pertaining to the sale or conveyance of real or personal property shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).


CREDIT(S)


P.L. 1925, ch. 656, § 1.


Codifications: G.L. 1923, ch. 394, § 24; G.L. 1938, ch. 605, § 24.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-5. Manner of proof


In the trial of any complaint or indictment or information charging any offense under this chapter, the guilt of the accused may be established by circumstantial evidence without regard to the number of witnesses who may testify against the defendant.


CREDIT(S)


P.L. 1969, ch. 56, § 1; P.L. 1974, ch. 118, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-6. Perjury before general assembly committees


(a) Every person who shall testify before any committee, sub-committee, or commission of the general assembly may be required to do so under oath or affirmation by the committee, sub-committee, or commission. If required to testify a stenographic record shall be kept of that testimony after approval by the speaker of the house of representatives and the president of the senate.


(b) Any person who shall willfully swear or affirm falsely in regard to any testimony before any committee, sub-committee, or commission of the general assembly shall be deemed guilty of a misdemeanor and shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.


CREDIT(S)


P.L. 1979, ch. 382, § 1; P.L. 2001, ch. 180, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-33-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 33. Perjury and False Swearing

§ 11-33-7. Perjury or false swearing--Child support


Every person who shall violate any provision of this chapter in any case or controversy involving the abandonment or nonsupport of a child pending before the family court or any other tribunal or agency of competent jurisdiction shall be guilty of a felony and shall be imprisoned for a term not to exceed twenty (20) years.


[See § 12-1-15 of the General Laws.]


CREDIT(S)


P.L. 1995, ch. 370, art. 29, § 3;P.L. 1995, ch. 374, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, T. 11, Ch. 34, Refs & Annos


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-5.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-8.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-8.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-1 to 11-34-8.2. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-8.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-8.3. Criminal forfeiture procedures


(a) Any criminal complaint charging an offense under §§ 11-34-8.1 or 11-34-8.2 shall set forth with reasonable particularity:


(1) Whether the law enforcement agency seeks to have forfeited property pursuant to this section; and


(2) What property the law enforcement agency seeks to have forfeited.


(b) The court may, upon application of the law enforcement agency, enter a restraining order or injunction, require any person claiming any interest in the subject motor vehicle to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of the motor vehicle subject to forfeiture described in § 11-34-8.2 whether prior to or subsequent to the filing of a complaint. Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the motor vehicle. The hearing is limited to the issues of whether:


(1) There is a substantial probability that the law enforcement agency will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or otherwise made unavailable for forfeitures; and


(2) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.


(c)(1) An order under this section may be entered upon application of the law enforcement agency without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property if the law enforcement agency demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under § 11-34-8.2 and that provision of notice will jeopardize the availability of the motor vehicle for forfeiture. The order shall expire within ten (10) days of the date on which it is entered unless for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.


(2) A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.


(3) The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.


(d) Upon conviction of a person for an offense under § 11-34-8.1, the court may enter a judgment of forfeiture of the property described in §§ 11-34-8.2 and 11-34-8.3 to the city or town and shall also authorize the law enforcement agency to seize the motor vehicle ordered forfeited upon any terms and conditions that the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the law enforcement agency, enter any appropriate orders, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the law enforcement agency in the motor vehicle ordered forfeited.


(e) All right, title, and interest in the motor vehicle described in 11-34-8.1 vests in the city or town upon the commission of the act giving rise to forfeiture under this section subject to the limitations of 11-34-8.2. Any such motor vehicle that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the state, unless the transferee establishes in a hearing that he or she is a bona fide purchaser for value of the motor vehicle who at the time of purchase was reasonably without cause to believe that the motor vehicle was subject for forfeiture.


CREDIT(S)


P.L. 1994, ch. 303, § 2;P.L. 2000, ch. 109, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-9. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-10. Repealed by P.L. 2009, ch. 185, § 2, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 2, eff. Nov. 3, 2009



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34. Prostitution and Lewdness (Refs & Annos)

§ 11-34-11. Loitering for indecent purposes in or near schools


Any person who violates this section by attempting to engage a person for the purpose of prostitution or other indecent act, or to patronize or induce or otherwise secure a person to commit any indecent act in the building or on the grounds or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or secondary school, shall be punished by a term of imprisonment of not more than one year and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).


CREDIT(S)


P.L. 1995, ch. 53, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-1. Definitions


The following words and phrases, when used in this chapter, have the following meanings:


(1) “Sexual conduct” means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital intrusion or intrusion by any object into the genital opening or anal opening of another person's body, or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the sexual desire of either person.


(2) “Commercial sexual activity” means any sexual conduct which is performed or promised in return for a fee.


(3) “Fee” means any thing of monetary value, including but not limited to money, given as consideration for sexual conduct.


CREDIT(S)


P.L. 2009, ch. 185, § 1, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 1, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-2. Prostitution


(a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both.


(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.


(c) Any proceeds derived directly from a violation of this section are subject to seizure and forfeiture and further proceedings shall be had for their forfeiture as is prescribed by law in chapter 21 of title 12.


(d) In any prosecution for a violation under this section it shall be an affirmative defense if the accused was forced to commit a commercial sexual activity by:


(1) Being threatened or, subjected to physical harm;


(2) Being physically restrained or threatened to be physically restrained;


(3) Being subject to threats of abuse of law or legal process;


(4) Being subject to destruction, concealment, removal or confiscation, of any passport or other immigration document, or any other actual or purported governmental identification document; or


(5) Being subject to intimidation in which the accused's physical well being was perceived as threatened.


CREDIT(S)


P.L. 2009, ch. 185, § 1, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 1, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-3. Procurement of sexual conduct for a fee


(a) A person is guilty of procuring or attempting to procure sexual conduct for the payment of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree to pay any type of fee for sexual conduct, regardless of the time, place or location of the procurement, attempted procurement, payment, attempted payment or conduct. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding one year, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both.


(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 2009, ch. 185, § 1, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 1, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-4. Loitering for prostitution


(a) It shall be unlawful for any person to stand or wander in or near any public highway or street, or any public or private place, and attempt to engage passersby in conversation, or stop or attempt to stop motor vehicles, for the purpose of prostitution or other commercial sexual activity. Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of up to six (6) months incarceration or by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both.


(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term not exceeding one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 2009, ch. 185, § 1, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 1, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-5. Expungement of certain criminal records


(a) Records defined in § 12-1.3-1 of any person convicted, placed on probation, or whose case was filed pursuant to § 12-10-12, for a violation of § 11-34.1-2 or § 11-34.1-4 may be expunged one year after completion of that person's sentence.


(b) The motion shall be filed in accordance with a chapter 12-1.3 and may be granted in the court's discretion regardless of the person's first offender status.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-6. Soliciting from motor vehicles for indecent purposes--Forfeiture of motor vehicle


(a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent act, or to patronize, induce, or otherwise secure another person to commit any commercial sexual activity. Any person found guilty under this section shall be subject to a sentence of up to six (6) months incarceration or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.


(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section may be suspended.


(c) The motor vehicle being unlawfully operated as defined in this chapter by a person convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law enforcement agency and forfeited at the discretion of the court. Any funds received from the forfeiture shall be deposited in the victim's of crimes indemnity fund (VCIF).


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-7. Pandering or permitting prostitution--Not allowed


(a) It shall be unlawful for any person, by any promise or threat, by abuse of person, or by any other device or scheme, to cause, induce, persuade, or encourage a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution. It shall be unlawful for any person to receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute or to come into this state or leave this state for the purpose of prostitution.


(b) It shall be unlawful for any person to knowingly permit, allow, transport or offer or agree to receive any person into any place, structure, house, building, room, or business for the purpose of committing any commercial sexual activity, or knowingly permit any person to remain in the premises for those purposes, or to, in any way, aid or abet or participate in any of the acts or things enumerated in this chapter. It shall also be unlawful for any person, knowing a person to be a prostitute, who shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of commercial sexual activity, from moneys loaned, advanced to, or charged against the prostitute by a landlord, manager, owner of a spa or business or any other place where commercial sexual activity is practiced or allowed, or who shall share in the earnings, proceeds or moneys shall be guilty of the crime of permitting prostitution.


(c) Every person who commits any of the offenses described in subsection (a) of this section, or who assists, abets, or aids another to commit any of those offenses, shall be guilty of pandering. For the first offense that person shall be punished by imprisonment for not less than one year and not more than five (5) years and a fine of not less than two thousand dollars ($2,000), nor more than five thousand dollars ($5,000). For every subsequent offense that person shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years and a fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000).


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-8. Venue of pandering or permitting prostitution prosecutions


It shall not be a defense to any prosecution of any of the offenses described in this chapter that the offense or any part of the offense shall have been committed outside the state, and any offense described in this chapter may be alleged to have been committed. The offender may be prosecuted and punished in any county in which the offender or the person upon or against whom the offense was committed may be found, or in which the offense was consummated, or in which any overt acts in furtherance of the offenses shall have been committed.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-9. Spouse as witness in pandering or permitting prostitution


In any prosecution for any offense under this chapter, any person shall be a competent witness against the offender in relation to any offense committed by the offender upon or against him or her, or by the offender against or upon another person or persons in his or her presence, notwithstanding that person may have been married to the offender before or after the commission of the offense, and notwithstanding that person may be called as witness during the existence of the marriage or after its dissolution.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-10. Reputation testimony as evidence


In the trial of any person charged with a violation of this chapter, testimony concerning the reputation of the place where the violation occurred or of persons who frequent or reside in it shall be admissible in evidence in support of the charge.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-11. Examination and treatment for venereal disease


Any person convicted for any violation of this chapter or of any other statute relating to lewd or lascivious behavior or unlawful sexual intercourse, and who shall be confined or imprisoned in any correctional institution for more than ten (10) days, may be examined by the department of health for venereal disease, through duly appointed, licensed physicians as agents. Any person that is examined may be detained until the result of the examination is duly reported. If found with venereal disease in an infectious stage, the person shall be treated, and if a menace to the public, quarantined, in accordance with rules and regulations, not inconsistent with law, of the director of health, who is authorized to formulate and issue them. Refusal to comply with or obey the rules or regulations shall constitute a misdemeanor and be punishable by fine not to exceed two hundred fifty dollars ($250), or a sentence of incarceration of up to three (3) months, or both.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-12. Human Immunodeficiency Virus (HIV)


(a) Any person convicted of a violation of any provisions of this chapter shall be required to be tested for Human Immunodeficiency Virus (HIV). No consent for the testing shall be required.


(b) The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.


(c) All persons tested under this section shall be provided pre-test and post-test counseling by individuals trained by the department of health, as an HIV testing counselor, in accordance with regulations promulgated by the department of health; provided, that the counseling shall be in accordance with acceptable medical standards.


(d) All persons who are tested under this section, who are determined to be injecting drug users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing counselor and/or the attending practitioner as follows:


(1) Those persons who test positive for HIV infection shall be given priority for those outpatient substance abuse treatment programs that are sponsored or supported by the appropriate state agency responsible for these services.


(2) Those persons who are injecting drug users and test negative for HIV infection shall be referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency responsible for these services for earliest possible evaluation and treatment.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-13. Reporting


On or before January 15, 2010, and semi-annually thereafter, each law enforcement agency in this state shall file with the Governor, the Attorney General, the Speaker of the House of Representatives and the President of the Senate a report concerning the agency's enforcement of this chapter during the preceding six (6) month period. Each semi-annual report shall contain, but need not be limited to, the following information:


(1) The number of persons arrested pursuant to subsection 11-34.1-2(a), subsection 11-34.1-2(b), § 11-34.1-3, § 11-34.1-4, subsection 11-34.1-6(a), subsection 11-34.1-6(b), and subsection 11-34.1-7 of this chapter;


(2) Of those arrested, the number of persons convicted, placed on probation, whose case is filed pursuant to § 12-10-12, whether those persons pled guilty or nolo contendere or were found guilty after trial by judge or jury;


(3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of this section; and


(4) A summary of the amounts of fines levied and the lengths of sentences identified pursuant to subdivision (3) of this section.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-34.1-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 34.1. Commercial Sexual Activity

§ 11-34.1-14. Severability


If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.


CREDIT(S)


P.L. 2009, ch. 185, § 3, eff. Nov. 3, 2009; P.L. 2009, ch. 186, § 3, eff. Nov. 3, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-1. Consent of property owner required for electric lines--Tree-trimming--Removal on notice


No person shall place any electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of conducting currents of electricity upon any private property without the consent of the owners or of the agent of the owners; nor shall any electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of conducting currents of electricity be passed through or affixed to any tree useful for shade or ornamental purposes, nor shall a tree be cut, trimmed, or interfered with, except under the direction and immediate supervision of the surveyor of highways in whose district the tree is located; provided, that any owner or agent may give notice in writing to the person or corporation owning any electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of conducting currents of electricity when it shall have been so placed with the consent of the owner or agent, to remove it or any of them from any private property within thirty (30) days after the delivery of the notice, and that, in default of the removal in accordance with the terms of the notice, the owner or agent may remove them or any of them.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 56; G.L. 1909, ch. 345, § 59; G.L. 1923, ch. 397, § 59; G.L. 1938, ch. 608, § 67.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-2. Badges of telegraph and telephone workers


No person shall labor upon the work of erecting or repairing any telegraph or telephone line belonging to any telegraph or telephone company without having conspicuously attached to his or her dress a medal or badge, on which shall be legibly inscribed the name of the owners by whom he or she is employed, and a number by which he or she can be readily identified.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 56; G.L. 1909, ch. 345, § 59; G.L. 1923, ch. 397, § 59; G.L. 1938, ch. 608, § 67.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-3. Penalty for violating §§ 11-35-1, 11-35-2


Every person who shall violate any of the provisions of §§ 11-35-1 and 11-35-2 shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding three (3) months.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 57; G.L. 1909, ch. 345, § 60; G.L. 1923, ch. 397, § 60; G.L. 1938, ch. 608, § 68.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-4. Injuries to electric or communication lines


Every person who shall wantonly or willfully and maliciously cut, destroy, break down, or injure, or attempt to cut, destroy, break down, or injure any machine, appliance, or apparatus used for generating electric currents or any electric wire or other appliance or apparatus used for the purpose of conducting or transmitting electric currents for using and furnishing power, motive power, light, or heat, or used for the purpose of transmitting intelligence by means of telegraphic or telephonic apparatus or by means of fire-alarm signals, burglar-alarm signals, police signals, railway signals, or other apparatus or appliance for the transmission of intelligence, or shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break down, or injure any pole, bracket, insulator or other device, apparatus, or appliance for supporting or carrying any electric wire, or shall do any other act interrupting or intended to interrupt the transmission of the electric current over any electric wire, shall be liable to indictment for it, and upon conviction shall be fined not exceeding three thousand dollars ($3,000) or imprisoned not exceeding two (2) years; provided, that nothing in this section shall be construed to authorize or permit the attachment, erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket, insulator, or other device or appliance, upon the property of any person or corporation, without the consent of the owner or owners; nor to prevent any properly authorized person from removing any electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of permitting the passage of any building or structure, the moving of which has been duly authorized by any city or town council.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 61; G.L. 1909, ch. 345, § 64; G.L. 1923, ch. 397, § 64; G.L. 1938, ch. 608, § 73.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-4.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-4.1. Installation of live wires or electrical equipment


(a) Whoever being engaged in the business of transmitting electricity or installing or repairing live wires or electrical equipment knowingly permits a journeyperson line worker, while on a pole or structure, to work on live wires in excess of seven hundred and fifty (750) volts to ground unless he or she is assisted on or at the base of each pole or structure by a journeyperson line worker, a second year apprentice, or a line worker having a title commonly accepted as the equivalent of the foregoing, shall be punished by a fine of not more than one hundred dollars ($100).


(b) Each violation of this section shall be a separate offense.


(c) This section shall not apply to work done by any person who is commonly called a troubleshooter, who would be employed in the performance of making emergency repairs, locating electrical faults, clearing defective apparatus, and answering service calls.


CREDIT(S)


P.L. 1972, ch. 195, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-5. Aiding, abetting, counseling, or procuring line injuries


Every person who shall aid, assist, abet, counsel, hire, command, or procure any person to do or attempt any of the acts mentioned in § 11-35-4 shall be subject to like fine or imprisonment as provided in that section.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 62; G.L. 1909, ch. 345, § 65; G.L. 1923, ch. 397, § 65; G.L. 1938, ch. 608, § 74.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-6. Interference with gas or electric or water meters


Every person who shall willfully or fraudulently injure or shall knowingly suffer to be injured any wire, meter, pipe, or fittings connected with or belonging to any electric company or gaslight company or connected with or belonging to the waterworks of any corporation in this state supplying water at a stipulated rate of payment, or shall willfully tamper or meddle with any other of the appliances or appurtenances connected with or belonging to any electric company or gaslight company or to the waterworks of a corporation in a manner as to cause loss or damage to the company or corporation, or who shall willfully or fraudulently prevent any meter used for registering the quantity of electricity, gas, or water supplied through it from duly registering the quantity so passing through it, or alter the index of any meter or in any way hinder or interfere with its proper action or just registration, or shall fraudulently use the electricity or fraudulently burn the gas of the company or fraudulently use the water passing through the wire, meter, pipe, fittings, or other of the appliances or appurtenances connected with or belonging to the electric company or gas company or to the waterworks of the corporation, or willfully waste electricity, gas, or water, shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding one year or be fined not exceeding one thousand dollars ($1,000). In any prosecution under this section proof that any wire, meter, pipe, or fittings have been injured, or that any meter has been prevented from duly registering the quantity of electricity, gas, or water supplied through it, while on the premises occupied by the defendant, shall be prima facie evidence that the defendant caused the injury or prevented the meter from duly registering the quantity of electricity, gas, or water supplied through it, willfully and fraudulently and with intent to injure or defraud.


CREDIT(S)


P.L. 1930, ch. 1620, § 1; P.L. 1986, ch. 544, § 1; P.L. 1989, ch. 152, § 1.


Codifications: G.L. 1896, ch. 279, § 48; G.L. 1909, ch. 345, § 51; G.L. 1923, ch. 397, § 51; G.L. 1938, ch. 608, § 57.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-7. Bypassing meters--Use of electricity, gas or water with intent to defraud


Every person who, with intent to injure or defraud any gaslight company or any electric company, or corporation supplying water in this state at a stipulated rate of payment, shall make or cause to be made any wire, pipe, tube, or other instrument or contrivance, and connect it or cause it to be connected with any main, service pipe, or other pipe, appliance, or appurtenance used for or in connection with the works or apparatus employed for conducting or supplying electricity, illuminating gas, or water, in any manner that is calculated to supply electricity, gas, or water to any burner, orifice, faucet, or other outlet whatsoever, without the electricity, gas, or water passing through a meter provided or used for measuring or registering its quantity so passing through, or without the consent of the company or corporation to the connections, or who shall otherwise use any electricity, gas, or water with the intent to defraud the company or corporation of payment, shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding one year or be fined not exceeding one thousand dollars ($1,000). In any prosecution under this section, proof that any of the acts specified in this section were done on or about the premises occupied by the defendant, or proof of the presence on or about the premises, of any device which affects the diversion of electricity, gas, or water without it being measured or registered by the meter provided, shall be prima facie evidence that the defendant committed the acts, or aided or abetted in their commission, maliciously and with intent to injure or defraud.


CREDIT(S)


P.L. 1930, ch. 1620, § 2; P.L. 1986, ch. 544, § 1; P.L. 1989, ch. 152, § 1.


Codifications: G.L. 1896, ch. 279, § 49; G.L. 1909, ch. 345, § 52; G.L. 1923, ch. 397, § 52; G.L. 1938, ch. 608, § 58.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-8. Interference with electric meter


Every person who shall willfully or fraudulently injure, or shall knowingly suffer to be injured, any meter, or any wire, fittings, or appliances connected with any meter belonging to any corporation furnishing electric current for light, heat, power, or other purposes at a stipulated rate of payment, or shall willfully tamper or meddle with any other of the appliances or appurtenances connected with any meter belonging to any corporation, in any manner as to cause loss or damage to the corporation, or who shall willfully or fraudulently prevent any meter used for registering the quantity of the electric current supplied through it from duly registering the quantity so passing through it or alter the index in the meter, or in any way hinder or interfere with its proper action or just registration, or shall fraudulently use the electric current of the corporation passing through the meter, wire, fittings, or other of the appliances or appurtenances connected with or belonging to the corporation, or willfully waste electric current, shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding thirty (30) days or be fined not exceeding five hundred dollars ($500). In any prosecution under this section proof that any meter, or any wire, fitting, appliance, or appurtenance connected with it, has been injured, or tampered, or meddled with, or that any meter has been prevented from duly registering the quantity of electric current supplied through it, while on the premises occupied by the defendant, shall be prima facie evidence that the defendant caused the injury or tampered or meddled with the meter, wire, fitting, appliance, or appurtenance, or prevented the meter from duly registering the quantity of electric current supplied through it, willfully and fraudulently and with intent to injure or defraud.


CREDIT(S)


P.L. 1940, ch. 948, § 1.


Codifications: G.L. 1896, ch. 279, § 63; G.L. 1909, ch. 345, § 66; G.L. 1923, ch. 397, § 66; G.L. 1938, ch. 608, § 59.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-9. Bypassing electric meter--Use of electricity with intent to defraud


Every person who, with intent to injure or defraud any person, persons, association, or corporation generating, conducting, using, or supplying the electric current, either for the purposes of his, her, its or their own business or for the purpose of selling the electric current at a stipulated rate of payment, shall make or cause to be made any wire or other instrument or contrivance and connect it or cause it to be connected with any electric wire, appliance, apparatus or appurtenance used for or in connection with the wires or apparatus employed for generating, conducting, using, or supplying electric current, in any manner that is calculated either to waste and dissipate the electric current or to supply the electric current to any lamp, burner, heater, machine, motor or other apparatus or appliance whatsoever, without the electric current passing through a meter provided by the person, persons, association, or corporation and used for registering the quantity so passing through, or without the consent of the person, persons, association, or corporation to the connections, or who shall otherwise use any electric current with the intent to defraud the person, persons, association or corporation of payment, shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding thirty (30) days or be fined not exceeding five hundred dollars ($500). In any prosecution under this section proof that any of the acts specified in this section was done on or about the premises occupied by the defendant, or proof of the presence on or about the premises of any wire or other instrument or contrivance which effects the waste or dissipation or the diversion of electric current without the electric current being measured or registered by a meter provided for it or without the consent of the person, persons, association, or corporation, shall be prima facie evidence that the defendant committed the acts, or aided or abetted in their commission, maliciously and with intent to injure or defraud.


CREDIT(S)


P.L. 1940, ch. 948, § 2.


Codifications: G.L. 1896, ch. 279, § 60; G.L. 1909, ch. 345, § 67; G.L. 1923, ch. 397, § 67; G.L. 1938, ch. 608, § 60.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-10. Excessive gas or water charges--False meters


Every person or corporation who shall willfully collect of any person or persons a larger sum for gas or water than appears to be due on inspection of the meter put in to regulate and register it, or shall willfully furnish a meter that shall not correctly register the quantity of gas or water consumed, shall be fined not exceeding five hundred dollars ($500).


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 50; G.L. 1909, ch. 345, § 53; G.L. 1923, ch. 397, § 53; G.L. 1938, ch. 608, § 61.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§§ 11-35-11 to 11-35-13. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§§ 11-35-11 to 11-35-13. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-14. Refusal to relinquish or to damage or to obstruct telephone


(a) Any person who willfully refuses to relinquish a party line or who obstructs or damages an individual telephone line or telephone set when he or she knows or should have known that the party line, individual telephone line or telephone set is needed for an emergency call to a fire department or police department or for medical aid or ambulance service shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) or be imprisoned ninety (90) days, or both, or any person who secures the use of a party line by falsely stating that the line is needed for an emergency call shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding three (3) months.


(b) As used in this section:


(1) “Party line” means a subscriber line telephone circuit consisting of two (2) or more main telephone stations connected with it, each station with a distinctive ring or telephone number; and


(2) “Emergency” means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.


CREDIT(S)


P.L. 1958, ch. 145, § 1; P.L. 1997, ch. 133, § 1;P.L. 1998, ch. 346, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-15. Notice on telephone book


A copy of § 11-35-14, preceded by the word “Warning” in large type, shall be printed in a prominent place in every telephone directory distributed to the members of the general public in this state or in any portion of it after June 1, 1958, which lists the calling numbers of telephones of any telephone exchange located in this state; provided, the provisions of this section shall not apply to those directories distributed solely for business advertising purposes, commonly known as classified directories.


CREDIT(S)


P.L. 1958, ch. 145, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-16. Wrongfully obtaining telecommunication service


(a) Any person who, with intent to injure or defraud any person, persons, association, or corporation furnishing telecommunications service of the whole or any part of the lawful charge for any service, obtains, attempts to obtain, or aids or abets another in obtaining any telecommunications service by any false representation, false statement, or stratagem, by the unauthorized charging to the account of another, by installing or tampering with any facilities or equipment or by any other means, commits a criminal offense and shall be subject to the penalties set forth in § 11-49-10(a), if the value of or the charges for the service obtained in violation of this section does not exceed one hundred dollars ($100) in any six (6) month period, or be subject to the penalties set forth in § 11-49-10(b), if the value of or the charges for the service exceed one hundred dollars ($100) in any six (6) month period; provided, that this section shall not apply to conduct constituting a violation of the provisions of 11-18-21.


(b) As used in this section, “telecommunication service” includes the transmission of any video, audio, or other signal by a community antenna television system licensed pursuant to the provisions of chapter 19 of title 39.


CREDIT(S)


P.L. 1961, ch. 157, § 1; P.L. 1981, ch. 198, § 1; P.L. 1983, ch. 316, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-17. Crank or obscene telephone calls


(a) Whoever shall originate a transmission by facsimile machine, or other telecommunication device or shall telephone any person repeatedly or cause any person to be telephoned repeatedly for the sole purpose of harassing, annoying, or molesting the other person or his or her family, whether or not conversation ensues; or whoever shall originate a transmission by facsimile machine, or other telecommunication device or shall telephone any person for the purpose of using any threatening, vulgar, indecent, obscene, or immoral language over the telephone, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one year, or both.


(b) This section shall not be construed to impose any liability upon providers of telecommunications services.


CREDIT(S)


P.L. 1965, ch. 195, § 1; P.L. 1993, ch. 278, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-18. Bomb threats and similar false reports


Whoever, knowing the report to be false, transmits or causes to be transmitted to any person by telephone or other means a communication falsely reporting the location of any explosive or other dangerous substance or contrivance, causing anxiety, unrest, fear, or personal discomfort by that false report to any person or group of persons, shall be guilty of a felony and shall be punished by imprisonment at the adult correctional institutions for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or by both fine and imprisonment.


CREDIT(S)


P.L. 1965, ch. 195, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-19. Prosecution for violations of §§ 11-35-17 and 11-35-18


The crimes described in §§ 11-35-17 and 11-35-18 may be prosecuted and punished in the territorial jurisdiction in which the communication originates or is received.


CREDIT(S)


P.L. 1965, ch. 195, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-20. Termination of service


Every person or corporation who shall willfully for non-payment of charges cut off, discontinue, or otherwise terminate gas, electric, water, telephone, light, heat, or power service to any domestic or institutional user on either Friday, Saturday, or Sunday or at any time when the office of the person or corporation is not open for business or the day before any legal holiday shall be guilty of a misdemeanor and fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 1968, ch. 38, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-21. Unauthorized interception, disclosure or use of wire, electronic, or oral communication


(a) Except as otherwise specifically provided in chapter 5.1 of title 12, any person: (1) who willfully intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept, any wire, electronic, or oral communication; (2) who willfully discloses or attempts to disclose to any person the contents of any wire, electronic, or oral communication, knowing, or having reason to know that the information was obtained through interception of a wire, electronic, or oral communication in violation of this section; or (3) who willfully uses or attempts to use the contents of any wire, electronic, or oral communication, knowing, or having reason to know, that the information was obtained through interception of a wire, electronic, or oral communication in violation of this section; shall be imprisoned for not more than five (5) years.


(b) The provisions of subdivisions (a)(2) and (3) of this section shall not apply to the contents of any wire, electronic, or oral communication, or evidence derived from those contents, which has become common knowledge or public information.


(c) It shall not be unlawful under this chapter for:


(1) An operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire, electronic, or oral communication, to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the carrier of the communication. No communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks;


(2) A person acting under color of law to intercept a wire, electronic, or oral communication, where that person is a party to the communication, or where one of the parties to the communication has given prior consent to the interception; or


(3) A person not acting under color of law to intercept a wire, electronic, or oral communication, where the person is a party to the communication, or one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in the violation of the constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.


CREDIT(S)


P.L. 1969, ch. 55 § 3; P.L. 1999, ch. 167, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-22


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-22. Offenses in connection with authorized interception of communications


Except as otherwise specifically provided in chapter 5.1 of title 12, any person: (1) who willfully edits, alters, or tampers with any tape, transcription, or other sound recording, or knows of the editing, altering, or tampering, and presents the recording in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made and the original state of the recording; or (2) who willfully discloses to any person any information concerning or contained in the application for or the granting or denial of orders for interception, renewals, notice, or return on an ex parte order granted pursuant to this section, or the contents of any document, tape, or recording kept in accordance with chapter 5.1 of title 12; shall be imprisoned for not more than five (5) years.


CREDIT(S)


P.L. 1969, ch. 55, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-23


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-23. Failure to report to law enforcement officers


An employee of any communication common carrier who has knowledge obtained during the course of that employment of any violation of this chapter and willfully fails to report that knowledge within seven (7) days to the attorney general shall be guilty of a misdemeanor punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1969, ch. 55, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-24


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-24. Possession, sale, distribution, manufacture and advertising of intercepting device


(a) Any person who willfully and knowingly possesses, sells, distributes, manufactures, assembles, or places in any publication any advertisement of, an intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication shall be imprisoned not more than five (5) years and fined not more than ten thousand dollars ($10,000);


(b) It shall not be unlawful under this section for a communication common carrier or an officer, agent, or employee of, or a person under contract with, a communication common carrier, in the usual course of the communication common carrier's business, or a person under contract with the United States or a state or a political subdivision of it, or an officer, agent, or employee of a state or a political subdivision of it, to possess, sell, distribute, manufacture, assemble, or advertise any intercepting device, while acting in furtherance of the appropriate activities of the United States or a state or political subdivision of it or a communication common carrier.


CREDIT(S)


P.L. 1969, ch. 55, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-25


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-25. Fraudulent communication devices


(a) It shall be unlawful for any person to willfully make, manufacture, assemble, possess, possess with intent to sell, sell, give, or otherwise transfer to another, or offer or place in any newspaper, magazine, handbill, or other publication any advertisement to sell, give, or otherwise transfer to another or purchase or in any other manner obtain, receive, or conceal any electronic, mechanical, or other device, instrument, apparatus, or equipment, or plans, specifications, instructions, or other information for making, manufacturing, assembling, or using any device, instrument, apparatus, or other equipment or to publish any plans, specifications, instructions, or other information with intent to use it or know or have reason to know that it is intended to be used or that its design renders it primarily useful to obtain any communication or community antenna television service from a company providing that service, by rearranging, tampering with, or making any unauthorized connection, whether physically, electronically, acoustically, inductively, or otherwise to any telephone or community antenna television instrument, equipment, or facility of any company, to avoid the payment, in whole or in part, of the lawful charge for the communication or community antenna television service or to conceal from any company or from lawful authority the existence or place of origin or termination of any communication, or by using any communication or community antenna television service knowing or having reason to know that the rearrangement, tampering, or connection existed at the time of use.


(b) Any person who is convicted of willfully making, manufacturing, assembling, or possessing with the intent to sell, or who sells, gives or otherwise transfers to another, or offers or places in any newspaper, magazine, handbill, or other publication any advertisement to sell, or give, or otherwise transfers to another any devices and/or instruments as described in this section shall be guilty of a felony and, upon conviction, may be imprisoned for not more than three (3) years, or fined not more than three thousand dollars ($3,000), or both.


(c) Any person who is convicted of having possession of any devices, instruments and/or plans as described in this section shall be guilty of a misdemeanor, and, upon conviction, may, except as provided in this section, be imprisoned for not more than one year, or fined not more than five hundred dollars ($500), or both; provided, that any person who is convicted of having possession of any devices, instruments, and/or plans relative to a community antenna television system or instruments, equipment or facilities in connection with it as described in this section shall be guilty of a misdemeanor and, upon conviction, may be fined up to one thousand dollars ($1,000).


CREDIT(S)


P.L. 1978, ch. 60, § 1; P.L. 1983, ch. 316, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-26


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-26. Automatic telephone dialing systems failing to disconnect


(a) Any person who operates an automatic telephone dialing system in this state which fails within five (5) seconds after the called party hangs up to automatically create a disconnect signal or an on-hook condition which allows the called party's line to be released shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200) for each occurrence.


(b) As used in this section, “automatic telephone dialing system” means any automatic terminal equipment which is capable of storing numbers to be called or producing numbers to be called, using a random or sequential number generator, and with the ability to call those numbers, and which is capable of delivering a prerecorded message to the number called with or without manual assistance.


CREDIT(S)


P.L. 1987, ch. 59, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-27


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-27. Repealed by P.L. 1999, ch. 479, § 2, eff. July 8, 1999



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-28


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-28. Trespassing on utility right-of-way


Every person who, without right, knowingly makes attachments to, or disposes on, the facilities or the rights-of-way of any electric, gas, telephone, or water utility, shall be subject to a fine of not more than two hundred fifty dollars ($250) per incident, plus the cost of repair of the facility or right-of-way from the action. The fine shall be payable to the general fund of the municipality where the incident occurred.


CREDIT(S)


P.L. 1992, ch. 482, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35-29


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35. Public Utilities

§ 11-35-29. Trespassing on utility property


Every person who, without right, willfully trespasses and remains upon the land or premises of any utility, after having been forbidden to do so by the owner, agent, or the person having control over the premises of the facility, shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more than one year, or both.


CREDIT(S)


P.L. 2011, ch. 378, § 1, eff. July 13, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35.1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35.1. Theft of Telecommunication Services

§ 11-35.1-1. Definitions


For the purposes of this chapter:


(1) “Manufacture of an unlawful telecommunications device” means to design, produce, assemble, duplicate, modify, alter, program or reprogram a telecommunication device that:


(i) Duplicates the identity of an authorized telecommunication service used for sale and distribution without the consent of the telecommunication service provider; or


(ii) Is capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.


(2) “Sell” means to transfer for consideration or agree to do so.


(3) “Telecommunication device” means any type of instrument, device, apparatus, machine or equipment which is designed to or is capable of transmitting or receiving telephonic, electronic, or radio communications or any part of an instrument, device, machine or equipment, or computer circuit, computer chip, electronic mechanism or any other component, which is capable of facilitating the transmission or reception of telephonic, electronic or radio communications.


(4) “Telecommunication service” means any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including cellular or wireless telephones, wire, radio, television, video, optical or other electromagnetic system.


(5) “Telecommunication provider” means a person or entity providing telecommunication service including, but not limited to, a commercial mobile radio service company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or telecommunication service.


(6) “Unlawful telecommunication device” means any electronic serial number, mobile identification number, personal identification number of any telecommunication device that is manufactured, altered, modified, programmed or reprogrammed alone or in conjunction with another device or other equipment for the purpose of intentionally acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. These unlawful devices include, but are not limited to, tumbler phones, clone phones, tumbler microchips, clone microchips and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider.


CREDIT(S)


P.L. 1997, ch. 181, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35.1-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35.1. Theft of Telecommunication Services

§ 11-35.1-2. Criminal offense


(a) A criminal offense is committed by:


(1) Any person who intentionally obtains or attempts to obtain telecommunication service by the use of an unlawful telecommunication device.


(2) Any person who makes, distributes, possesses or assembles an unlawful telecommunication device, or plans or instructions for making the same, under circumstances evidencing an intent to use or employ such unlawful telecommunication device.


(3) Any person who engages in the business for profit or economic gain of selling or offering for sale an unlawful telecommunication device.


(b) A person is guilty of theft of telecommunications service for profit or economic gain when he or she:


(i) Engages in the business for profit or economic gain of tampering or making connection with the equipment of a supplier of a telecommunication service without the consent of the supplier, for the purpose of supplying that service on one or more occasions;


(ii) Engages in the business for profit or economic gain of offering for sale to any person other than the supplier of a telecommunication service any decoder, descrambler or other device or the unauthorized use of a confidential identification or authorization code, the principal function of which defeats the electronic signal encryption jamming or individually addressed switching imposed by the supplier for the purpose of restricting the delivery of that service to persons who pay for the service;


(iii) Without the consent of the supplier of the service, engages in the business for profit or economic gain of connecting or disconnecting the fiber optic, cables, conduits, wires, conductors, attachments or other electromagnetic system of the supplier;


(iv) Conceals or assists another to conceal from any telecommunication service provider or from any lawful authority the existence or place of origin or destination of any telecommunication.


(2) There shall be a rebuttable presumption of intent that a person is engaged in the business for profit or economic gain of offering for sale a decoder, descrambler or other device or a confidential identification or authorization code in violation of paragraph (1)(ii) of this subsection if the person has three (3) or more decoders, descramblers or other devices or confidential identification or authorization codes in his or her possession or under his or her control.


CREDIT(S)


P.L. 1997, ch. 181, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35.1-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35.1. Theft of Telecommunication Services

§ 11-35.1-3. Civil actions


Any person aggrieved by acts constituting a violation of § 11-35.1-2 may bring a civil action in the superior court for the judicial district where the violation occurred for relief including a temporary or permanent injunction and damages. In addition to any other relief, the court may, in its discretion, award costs and reasonable attorney's fee.


CREDIT(S)


P.L. 1997, ch. 181, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-35.1-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 35.1. Theft of Telecommunication Services

§ 11-35.1-4. Penalties


A person who commits an offense in violation of this chapter shall be fined not more than thirty thousand dollars ($30,000), or by imprisonment in the state prison for not more than five (5) years, or both.


CREDIT(S)


P.L. 1997, ch. 181, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-1. Hindering passage of trains--Placing explosives near highways, buildings, or tracks


Every person who shall willfully place upon any railroad track any substance or thing with intent to hinder or impede the passage of any locomotive engine or car over the railroad, or shall willfully do any other act, matter, or thing, with intent to hinder, impede, or interrupt the passage of the locomotive engine or car, or whoever willfully throws into, against, or upon, or puts, places, or explodes, or causes to be exploded, in, upon or near a public highway, building, monument, bridge, railroad track, or car on it, or vessel, any gunpowder or other explosive substance, or a bombshell, torpedo, or any instrument or package filled or loaded with an explosive substance, with intent unlawfully to destroy or injure the highway, building, monument, bridge, railroad track, car, or vessel, or any person or property, in, on or near the highway, building, monument, highway, bridge, railroad track, car, or vessel, shall be imprisoned not less than two (2) years nor more than twenty (20) years, or be fined not exceeding ten thousand dollars ($10,000), or both.


CREDIT(S)


P.L. 1909, ch. 429, § 1; P.L. 1987, ch. 76, § 1.


Codifications: G.L. 1896, ch. 279, § 29; G.L. 1909, ch. 345, § 30; G.L. 1923, ch. 397, § 30; G.L. 1938, ch. 608, § 30.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-2. Unauthorized stopping of train


Whoever willfully or maliciously stops, or causes to be stopped, a train on a railroad for the purpose of entering, leaving, or wantonly delaying it shall be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00).


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 30; G.L. 1909, ch. 345, § 31; G.L. 1923, ch. 397, § 31; G.L. 1938, ch. 608, § 31.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-3. Throwing missiles at train


Whoever willfully throws or shoots a missile at a locomotive engine, railroad, or street railway car, or other means of public conveyance, or at a person on the engine or car or conveyance, or in any way assaults or interferes with a conductor, engineer, brake operator, driver, or motor operator while in discharge of his or her duty on or near a railroad engine, car, or train, or on or near a street railway car or other means of public conveyance, shall be fined not more than five hundred dollars ($500) or be imprisoned not more than one year. Any violation of the provisions of this section which results in a personal injury to an employee or passenger shall be considered a felony, punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment in the state prison not exceeding three (3) years, or both.


CREDIT(S)


P.L. 1962, ch. 144, § 1; P.L. 1973, ch. 154, § 1.


Codifications: G.L. 1896, ch. 279, § 31; G.L. 1909, ch. 345, § 32; G.L. 1923, ch. 397, § 32; G.L. 1938, ch. 608, § 32.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-4. Injuring railroad signals or signal lines


Whoever unlawfully and intentionally injures, molests, or destroys any electric or other signal of a railroad corporation, or any line, wire, post, or other structure or mechanism used in connection with a signal on a railroad, or destroys, or in any way interferes with, the proper working of the signal, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding two (2) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 32; G.L. 1909, ch. 345, § 33; G.L. 1923, ch. 397, § 33; G.L. 1938, ch. 608, § 33.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-5. Loitering on railroad or busline property


Every person who shall loiter or remain about or in any station house of any railroad corporation or the station house or terminal of any bus line or bus company or upon the platforms, tracks, or grounds of any company or corporation, adjoining any station or terminal, after being requested to leave by any officer or agent of the company operating or using the facilities, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100).


CREDIT(S)


P.L. 1968, ch. 22, § 1.


Codifications: G.L. 1896, ch. 279, § 33; G.L. 1909, ch. 345, § 34; G.L. 1923, ch. 397, § 34; G.L. 1938, ch. 608, § 34.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-6. Trespassing on railroad right-of-way


Every person who without right knowingly stands or walks, or rides a bicycle or other vehicle on the private right-of-way of any railroad or railway operated by steam or other power, except for the purpose of crossing it at a highway or other authorized crossing, shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more than one year, or both. Any person violating this section may be arrested without a warrant by any police officer or any special railroad police officer and proceeded against according to law.


CREDIT(S)


P.L. 1899, ch. 613, § 1; P.L. 1913, ch. 953, § 1; P.L. 1985, ch. 157, § 1; P.L. 1987, ch. 76, § 1.


Codifications: G.L. 1909, ch. 345, § 35; G.L. 1923, ch. 397, § 35; G.L. 1938, ch. 608, § 35.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-7. Posting of statute


A printed copy of § 11-36-6 shall be conspicuously posted in a public place in or upon each passenger station of every railroad and railway operated by steam or other power in this state.


CREDIT(S)


P.L. 1899, ch. 613, § 2; P.L. 1913, ch. 953, § 2.


Codifications: G.L. 1909, ch. 345, § 36; G.L. 1923, ch. 397, § 36; G.L. 1938, ch. 608, § 36.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-8. Removal of waste or packing from journal boxes


Every person who shall willfully and maliciously take or remove the waste or packing from out of any journal box or boxes of any locomotive, engine, tender, carriage, coach, car, caboose, or truck used or operated upon any railroad, whether operated by steam or electricity, shall, upon conviction, be imprisoned not more than three (3) years or be fined not exceeding five hundred dollars ($500).


CREDIT(S)


P.L. 1905, ch. 1217, § 1.


Codifications: G.L. 1909, ch. 345, § 37; G.L. 1923, ch. 397, § 37; G.L. 1938, ch. 608, § 37.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-9. Obstruction of street railway company


Every person who shall willfully and maliciously obstruct a street railway company in the use of its tracks, or willfully and maliciously delay or obstruct the passing of its cars or carriages, shall be punished by a fine not exceeding three thousand dollars ($3,000) or by imprisonment not exceeding two (2) years; provided, that nothing in this chapter shall be construed to interfere with the necessary work of laying and repairing any gas or water pipes or sewers, or the necessary and reasonable obstruction of tracks by vehicles in the process of loading and unloading not prohibited by any town or city ordinance. Every person who shall aid, assist, abet, counsel, hire, command, or procure any person to do or attempt any of the acts mentioned in this section shall be subject to fine or imprisonment pursuant to this section.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, §§ 65, 66; G.L. 1909, ch. 345, §§ 68, 69; G.L. 1923, ch. 397, §§ 68, 69; G.L. 1938, ch. 608, §§ 75, 76.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-10. Evasion of payment of fare


Every person who shall fraudulently evade or attempt to evade the payment of any fare, rate or toll lawfully established by any railroad company, or a street railway company, or a toll bridge company, or by the owners or charterers of any steamboat or ferryboat, or by any steamship company, or by any owner or operator of a motor bus holding a certificate from the public utility commission, or by the Rhode Island public transit authority, either by giving a false answer to the collector of the fare, rate, or toll, or by presenting for his or her fare, rate, or toll a ticket good only for the transportation of another person, or by traveling beyond the point to which he or she may have paid his or her fare, rate, or toll, or by leaving the train, car, bridge, steamboat, ferryboat, or steamship without having paid the fair, rate, or toll established for the distance traveled, or otherwise, shall be fined twenty dollars ($20.00) for each offense.


CREDIT(S)


P.L. 1916, ch. 1391, § 1; P.L. 1930, ch. 1534, § 1; P.L. 1997, ch. 151, § 1.


Codifications: G.L. 1896, ch. 279, § 43; G.L. 1909, ch. 345, § 46; G.L. 1923, ch. 397, § 46; G.L. 1938, ch. 608, § 46.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-11. Unauthorized presence on locomotive or freight train


Every person who shall without right attach himself or herself to or shall be in or upon any locomotive, locomotive tender, freight car, or freight train upon any railroad track shall be fined not more than twenty dollars ($20.00), or be imprisoned not more than ten (10) days, or both. Any person violating this section may be arrested without a warrant by any police officer, or any railroad police officer, and proceeded against according to law.


CREDIT(S)


P.L. 1909, ch. 373, § 1.


Codifications: G.L. 1923, ch. 397, § 73; G.L. 1938, ch. 608, § 81.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-12. Profiteering on tickets


No person shall resell or offer for resale a ticket or tickets for passage of a person on a common carrier at an increase in price in excess of one dollar ($1.00) over the established rate for the passage and, whenever the resale is completed, the seller shall give to the purchaser a receipt indicating the amount paid for the ticket or tickets. Any person found guilty of violating the provisions of this section shall be fined not more than five hundred dollars ($500).


CREDIT(S)


P.L. 1944, ch. 1415, § 1.


Codifications: G.L. 1938, ch. 612, § 59.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-13. Tampering with railroad switches


Whoever unlawfully removes, turns, destroys, or tampers with any railroad switch or in any way interferes with the proper working of a switch shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding three (3) years, or both.


CREDIT(S)


P.L. 1973, ch. 149, § 1; P.L. 1987, ch. 76, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-36-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 36. Railroads and Carriers

§ 11-36-14. “Railroad corporation” and “company” defined.


“Railroad corporation” and “railroad company,” wherever used in this chapter, include in their meaning the National Railroad Foundation and Museum.


CREDIT(S)


P.L. 1982, ch. 60, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, T. 11, Ch. 37, Refs & Annos


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-1. Definitions


The following words and phrases, when used in this chapter, have the following meanings:


(1) “Accused” means a person accused of a sexual assault.


(2) “Force or coercion” means when the accused does any of the following:


(i) Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.


(ii) Overcomes the victim through the application of physical force or physical violence.


(iii) Coerces the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes that the accused has the present ability to execute these threats.


(iv) Coerces the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat.


(3) “Intimate parts” means the genital or anal areas, groin, inner thigh, or buttock of any person or the breast of a female.


(4) “Mentally disabled” means a person who has a mental impairment which renders that person incapable of appraising the nature of the act.


(5) “Mentally incapacitated” means a person who is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or who is mentally unable to communicate unwillingness to engage in the act.


(6) “Physically helpless” means a person who is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.


(7) “Sexual contact” means the intentional touching of the victim's or accused's intimate parts, clothed or unclothed, if that intentional touching can be reasonably construed as intended by the accused to be for the purpose of sexual arousal, gratification, or assault.


(8) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion, however slight, by any part of a person's body or by any object into the genital or anal openings of another person's body, or the victim's own body upon the accused's instruction, but emission of semen is not required.


(9) “Spouse” means a person married to the accused at the time of the alleged sexual assault, except that such persons shall not be considered the spouse if the couple are living apart and a decision for divorce has been granted, whether or not a final decree has been entered.


(10) “Victim” means the person alleging to have been subjected to sexual assault.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1; P.L. 1984, ch. 152, § 1; P.L. 1986, ch. 191, § 1; P.L. 1996, ch. 204, § 1;P.L. 1999, ch. 83, § 13;P.L. 1999, ch. 130, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-2. First degree sexual assault


A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist:


(1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.


(2) The accused uses force or coercion.


(3) The accused, through concealment or by the element of surprise, is able to overcome the victim.


(4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1; P.L. 1981, ch. 119, § 1; P.L. 1984, ch. 59, § 1; P.L. 1984, ch. 355, § 1; P.L. 1986, ch. 191, § 1; P.L. 1987, ch. 238, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-2.1. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3. Penalty for first degree sexual assault


Every person who shall commit sexual assault in the first degree shall be imprisoned for a period not less than ten (10) years and may be imprisoned for life.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3.1. Duty to report sexual assault


Any person, other than the victim, who knows or has reason to know that a first degree sexual assault or attempted first degree sexual assault is taking place in his or her presence shall immediately notify the state police or the police department of the city or town in which the assault or attempted assault is taking place of the crime.


CREDIT(S)


P.L. 1983, ch. 268, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3.2. Necessity of complaint from victim


No person shall be charged under § 11-37-3.1 unless and until the police department investigating the incident obtains from the victim a signed complaint against the person alleging a violation of § 11-37-3.1.


CREDIT(S)


P.L. 1983, ch. 268, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3.3. Failure to report--Penalty


Any person who knowingly fails to report a sexual assault or attempted sexual assault as required under § 11-37-3.1 shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year, or fined not more than five hundred dollars ($500), or both.


CREDIT(S)


P.L. 1983, ch. 268, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3.4. Immunity from liability


Any person participating in good faith in making a report pursuant to § 11-37-3.1 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.


CREDIT(S)


P.L. 1983, ch. 268, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-3.5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-3.5. Duty to report sexual misconduct conviction


If a public school teacher or employee is convicted of a new violation of this chapter, the chief of police of the arresting department shall notify the appropriate school district, superintendent of schools, the department of public safety, and the commissioner of elementary and secondary education.


CREDIT(S)


P.L. 1985, ch. 484, § 1; P.L. 1986, ch. 178, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-4. Second degree sexual assault


A person is guilty of a second degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist:


(1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless.


(2) The accused uses force or coercion.


(3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1; P.L. 1981, ch. 119, § 1; P.L. 1984, ch. 59, § 1; P.L. 1986, ch. 191, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-5. Penalty for second degree sexual assault


Every person who shall commit sexual assault in the second degree shall be imprisoned for not less than three (3) years and not more than fifteen (15) years.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-6. Third degree sexual assault


A person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1988, ch. 219, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-7. Penalty for third degree sexual assault


Every person who shall commit sexual assault in the third degree shall be imprisoned for not more than five (5) years.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8. Penalty for assault with intent to commit first degree sexual assault


Every person who shall commit assault with intent to commit first degree sexual assault shall be imprisoned for not less than three (3) years or more than twenty (20) years.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.1. First degree child molestation sexual assault


A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.


CREDIT(S)


P.L. 1984, ch. 59, § 2; P.L. 1988, ch. 219, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.2. Penalty for first degree child molestation sexual assault


Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life.


CREDIT(S)


P.L. 1984, ch. 59, § 2; P.L. 2006, ch. 206, § 3, eff. June 28, 2006; P.L. 2006, ch. 207, § 3, eff. June 28, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.2.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.2.1. Penalty for first degree child molestation sexual assault--Jessica Lunsford Child Predator Act of 2006


(a) Title and Legislative Intent. The title of this section shall be “The Jessica Lunsford Child Predator Act of 2006”. In enacting this section the general assembly intends that in order to ensure the safety of victims the most dangerous child predators be electronically monitored via an active global positioning system in order to ensure that their whereabouts can be easily ascertained by law enforcement and other responsible authorities at all times while providing treatment to offenders.


(b) Every person who shall violate the provisions of subdivisions 11-37-8.2.1(b)(1) -- 11-37-8.2.1(b)(2) listed herein shall be electronically monitored via an active global positioning system for life and, as a condition of parole and probation, and for the duration of any period of his or her probation following his or her parole shall attend a sex offender treatment program to address his or her criminally offensive behavior, as determined by the department of probation and parole. The persons subject to this condition of parole shall include:


(1) Persons who commit first degree child molestation sexual assault on or after January 1, 2007 and the victim of the sexual assault is twelve (12) years of age or younger; or


(2) Persons who shall violate the conditions of § 11-37-8.1 on or after January 1, 2007 and be determined a high-risk of re-offense (level 3) offender under the conditions of § 11-37.1-12, and the person is deemed a child predator as defined in subsection 11-37-8.2.1(g) or have committed the offense in conjunction with circumstances involving kidnapping, torture or aggravated battery, and provided further that the victim to the offense is fourteen (14) years of age or younger.


(3) Any person who violates the terms of the global position monitoring conditions shall be guilty of a misdemeanor.


(c) Any costs associated with the requirements of this section shall be borne by the offender and the court is hereby authorized and empowered to utilize all resources available to collect the funds for these costs unless the court finds that the defendant is indigent. In such cases costs shall be waived in order to promote this section's legislative intent.


(d) Harboring.


(1) Any person who has reason to know that a person convicted of first degree child molestation as defined by § 11-37-8.1 or 11-37-8.2.1 is not complying or has not complied with the requirements of this section where applicable and who with the intent to assist the child molester in eluding a law enforcement agency that is seeking to find the child molester to question the child molester about or to arrest the child molester for his or her non-compliance with the requirements of this section and who:


(i) knowingly withholds information from or willfully fails to notify the law enforcement agency about the child molester's non-compliance with the requirements of this section; or


(ii) harbors or attempts to harbor or assists another person in harboring or attempting to harbor the child molester; or


(iii) knowingly conceals or attempts to conceal or assists another person in concealing or attempting to conceal the child molester; or


(iv) provides information to the law enforcement agency regarding the child molester that the person knows to be false information commits a felony and shall be subject to imprisonment for a period of five (5) years. Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.


(2) Any person who permits a child predator as defined by this section to reside with them knowing that the child predator has failed to comply with the requirements of subsection 11-37-8.2.1(b) commits a felony punishable by up to five (5) years imprisonment and/or a five thousand dollar ($5,000) fine.


(e) Any person who intentionally tampers with damages or destroys any electronic monitoring equipment required by this section pursuant to a court order or parole board order unless such person is the owner of the equipment or an agent of the owner performing ordinary maintenance and repairs commits a felony and shall be imprisoned for not less than one nor more than five (5) years.


(f) The department of corrections, prior to the release from incarceration of any child predator, shall ensure that the child predator's fingerprints are taken and forwarded to the bureau of criminal identification (BCI) division within the department of attorney general within forty-eight (48) hours after release from incarceration. The fingerprint card shall be clearly marked “Child Predator Registration Card”.


(g) For the purposes of this section “child predator” shall be defined as any person convicted of any violation of § 11-37-8. 1, and who on a prior occasion has been convicted of a violation of § 11-37-8.1 or § 11-37-8.3.


CREDIT(S)


P.L. 2006, ch. 206, § 1, eff. June 28, 2006; P.L. 2006, ch. 207, § 1, eff. June 28, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.3. Second degree child molestation sexual assault


A person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under.


CREDIT(S)


P.L. 1984, ch. 59, § 2; P.L. 1988, ch. 219, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.4. Penalty for second degree child molestation sexual assault


Every person who shall commit second degree child molestation sexual assault shall be imprisoned for not less than six (6) years nor more than thirty (30) years.


CREDIT(S)


P.L. 1984, ch. 59, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.5. Identification of victims of child molestation sexual assault


(a) All court records which concern the identity of a victim of child molestation sexual assault shall be confidential and shall not be made public.


(b) Every agency of state or local government shall protect the confidentiality of documents containing the identity of victims of child molestation sexual assault.


(c) A defendant charged with child molestation sexual assault may make application to the trial court for an order of disclosure of identifying information concerning the child victim in order to prepare his or her defense. Nothing in this section shall be construed to prevent the disclosure of the victim's identity to the defendant at the time of his or her arraignment, provided, that the defendant shall make no disclosure of the victim's identity other than to his or her attorney and others directly involved in the preparation of his or her defense. Any disclosure by a defendant other than permitted in this section shall constitute contempt.


CREDIT(S)


P.L. 1985, ch. 380, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.6. Special assessment--Payment for treatment or counseling


In addition to all other statutory costs and assessments, every person, adjudged guilty of the provisions of §§ 11-37-8.1 or 11-37-8.3, whether by trial, plea of guilty or plea of nolo contendere, shall pay a special assessment of one hundred dollars ($100). In addition to any other penalty provided by law, any person convicted under §§ 11-37-8.1 - 11-37-8.3 may be required, as part of the sentence imposed by the court, to pay the cost of any necessary medical, psychological, or psychiatric treatment of the child resulting from the act or acts for which the defendant is convicted.


CREDIT(S)


P.L. 1986, ch. 319, § 1; P.L. 1997, ch. 137, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.7. Parole of violators


In the case of any person convicted and imprisoned for an offense under §§ 11-37-8.1--11-37-8.3, it shall be required that:


(1) The department of attorney general or local prosecutor be informed by the parole board ninety (90) days prior to a parole hearing of the date of hearing, and the attorney general or local prosecutor provide the parole board with a complete statement of circumstances surrounding a conviction within forty-five (45) days prior to the scheduled parole hearing date.


(2) The parole board shall notify the victim and his or her family of a scheduled parole hearing at least forty-five (45) days prior to the date of hearing, and the victim and/or family shall be permitted an opportunity to provide a statement for review by the parole board.


(3) The convicted person shall be examined prior to parole by one independent psychiatrist to determine whether the person is a continued danger to children.


(4) The convicted person shall receive outpatient treatment at his or her own expense after parole or release from hospitalization for a period of time to be set by the parole board, and the department of mental health, retardation and hospitals shall oversee and provide these services. Any person willfully violating this subsection shall be guilty of a misdemeanor and shall serve not more than one year imprisonment.


CREDIT(S)


P.L. 1986, ch. 528, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.8. Indecent solicitation of a child


(a) A person is guilty of indecent solicitation of a child if he or she knowingly solicits another person under eighteen (18) years of age or one whom he or she believes is a person under eighteen (18) years of age for the purpose of engaging in an act of prostitution or in any act in violation of chapter 9, 34, or 37 of this title.


(b) As used in this section, the word “solicit” or “solicitation” means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, through the Internet, or by advertisement of any kind.


CREDIT(S)


P.L. 2004, ch. 586, § 1;P.L. 2004, ch. 612, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-8.9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-8.9. Penalty for indecent solicitation of a child


Every person who shall commit indecent solicitation of a child shall be imprisoned for not less than five (5) years.


CREDIT(S)


P.L. 2004, ch. 586, § 1;P.L. 2004, ch. 612, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-9. Joinder of offenses


Any person who shall be indicted for first, second, or third degree sexual assault and/or first or second degree child molestation sexual assault and/or § 11-37-8 may also be charged in the same indictment with either or all of the offenses described in §§ 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, and 11-37-8.3. If upon trial the jury shall acquit the person of any of the charges of sexual assault and shall find him or her guilty of any of the other offenses, judgment and sentence may be entered against him or her accordingly.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1984, ch. 59, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-10. Subsequent offenses


If a person is convicted of a second or subsequent offense under the provisions of §§ 11-37-2, 11-37-4, 11-37-8, 11-37-8.1, and 11-37-8.3, the sentence imposed under these sections for the second or subsequent offenses shall not be less than twice the minimum number of years of sentence for the most recent offense.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1984, ch. 59, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-11. Corroboration of victim's testimony unnecessary


The testimony of the victim need not be corroborated in prosecutions under this chapter.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-11.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-11.1. Reserved



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-11.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-11.2. Speedy trial


In any action under this chapter involving a child victim age fourteen (14) years or under or a victim sixty-five (65) years or older, the court and the attorney general's office shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim or witness. This provision establishes a right to a speedy trial to the victim and shall not be construed as creating any additional rights to the defendant.


CREDIT(S)


P.L. 1985, ch. 354, § 1; P.L. 1988, ch. 219, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-12. Proof of resistance unnecessary


In any prosecution brought under this chapter, it shall not be necessary to prove that the victim physically resisted the accused if the victim reasonably believed that resistance would be useless and might result in his or her serious bodily injury.


CREDIT(S)


P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-13. Prior sexual conduct of complainant--Admissibility of evidence


If a defendant who is charged with the crime of sexual assault intends to introduce proof that the complaining witness has engaged in sexual activities with other persons, he or she shall give notice of that intention to the court and the attorney for the state. The notice shall be given prior to the introduction of any evidence of that fact; it shall be given orally out of the hearing of spectators and, if the action is being tried by a jury, out of the hearing of the jurors. Upon receiving the notice, the court shall order the defendant to make a specific offer of the proof that he or she intends to introduce in support of this issue. The offer of proof, and all arguments relating to it, shall take place outside the hearing of spectators and jurors. The court shall then rule upon the admissibility of the evidence offered.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-13.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-13.1. Recording--Grand jury testimony--Child assault


(a) In any grand jury proceeding investigating a sexual assault alleged to have been committed against a child, a recording of a statement from the alleged victim who is fourteen (14) years of age or younger at the time of the proceeding shall be admissible into evidence at the proceeding if:


(1) The statement is sworn to under oath by the child, and the significance of the oath is explained to the child;


(2) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;


(3) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;


(4) Every voice on the recording is identified;


(5) The statement was not made in response to questioning calculated to lead the child to make a particular statement;


(6) The person conducting the interview is an attorney in the department of the attorney general or another person chosen by the attorney general to make the proceeding less intimidating to the child, and the interviewer is available to testify at the proceeding;


(7) The child is available to testify if requested by the grand jurors; and


(8) The recording is made a part of the record of the grand jury.


(b) In any grand jury proceeding investigating a sexual assault alleged to have been committed against a child, a recording of a statement from the alleged victim who is more than fourteen (14) years of age and less than eighteen (18) years of age at the time of the proceeding shall be admissible into evidence at the proceeding if:


(1) The attorney general petitions the court for permission to introduce the recording at the proceeding; and


(2) The court grants the petition upon a finding that the child would suffer unreasonable and unnecessary mental or emotional harm if required to appear personally before the grand jury in order to testify; and


(3) All of the conditions as set forth in subsection (a) of this section are followed.


CREDIT(S)


P.L. 1985, ch. 124, § 1; P.L. 2004, ch. 385, § 1;P.L. 2004, ch. 473, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-13.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-13.2. Alternative methods of victim testimony--Child victim


(a) In any judicial proceeding in which a person has been charged with sexual assault of a child who at the time of trial is seventeen (17) years of age or less, the court may order, upon a showing that the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm, that the testimony of the child be taken in a room other than the courtroom and either be recorded for later showing before the court and/or the finder of fact in the proceeding or be broadcast simultaneously by closed circuit television to the court and/or finder of fact in the proceeding. When the child is fourteen (14) years of age or younger at the time of trial, there shall be a rebuttable presumption that the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm. Only the judge, attorneys for the parties, persons necessary to operate the recording or broadcasting equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his or her testimony. Examination and cross-examination shall proceed in the same manner as permitted at the trial or hearing.


(b) The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror which permits them to see and hear the child during his or her testimony, but does not permit the child to see or hear them. The court shall permit the defendant to observe and hear the testimony of the child in person, but ensure that the child cannot hear or see the person alleged to have committed the assault. The defendant shall be afforded a means of communicating with his or her attorney throughout the proceedings, and, upon request of the defendant or his or her attorney, recesses shall be permitted to allow them to confer. The court shall ensure that:


(1) The recording or broadcast is both visual and aural and is recorded on film or videotape or by other electronic means;


(2) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;


(3) Each voice on the recording is identified;


(4) Each party is afforded an opportunity to view any recording made prior to trial before it is shown in the courtroom; and


(5) The statement is sworn to under oath by the child.


(c) If the court orders the testimony of a child to be so recorded or broadcast, the child shall not be required to testify at the proceeding for which the testimony was taken, and the testimony shall be used in lieu of the live testimony of the child.


CREDIT(S)


P.L. 1985, ch. 355, § 1; P.L. 2004, ch. 385, § 1;P.L. 2004, ch. 473, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-13.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-13.3. Sexual assault reports


(a) A law enforcement officer who responds to or investigates a sexual assault or child molestation sexual assault incident, shall, upon determination of probable cause for arrest or referral to the attorney general's office, complete a sexual assault report (DV/SA-1).


(b) For the purpose of establishing data on the extent and severity of arrests for sexual assault and child molestation sexual assault in the state and on the degree of compliance with the requirements of this section the domestic violence training and monitoring unit of the court system shall prescribe a form for making sexual assault reports. The form shall include, but is not limited to, the following information:


(1) Name of the parties;


(2) Relationship of the parties;


(3) Sex of the parties;


(4) Date of birth of the parties;


(5) Time and date of the alleged incident;


(6) Whether children were allegedly involved or whether the alleged act of sexual assault or child molestation sexual assault was committed in the presence of children;


(7) Type and extent of the alleged abuse;


(8) Number and types of alleged weapons involved;


(9) Existence of any prior court order; and


(10) Any other data that may be necessary for a complete analysis of all circumstances leading to the arrest.


(c) Each police department shall forward copies of the reports to the unit at the end of each month.


(d) Upon adjudication of acquittal, dismissal or other exoneration the sexual assault report form will be expunged by the domestic violence training and monitoring unit.


CREDIT(S)


P.L. 1998, ch. 381, § 1;P.L. 2002, ch. 411, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-14. Severability


If the provisions of this chapter or their application to any person or circumstances is held invalid, their invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.


CREDIT(S)


P.L. 1979, ch. 302, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-15. Repealed by P.L. 1996, ch. 104, § 2, eff. July 24, 1996



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-16. Repealed by P.L. 1996, ch. 104, § 3, eff. July 24, 1996



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37. Sexual Assault (Refs & Annos)

§ 11-37-17. Human Immunodeficiency Virus (HIV)--Mandatory testing


(a) Any person who has admitted to or been convicted of or adjudicated wayward or delinquent by reason of having committed any sexual offense involving sexual penetration, as defined in § 11-37-1, whether or not sentence or fine is imposed or probation granted, shall be ordered by the court upon the petition of the victim, immediate family members of the victim or legal guardian of the victim, to submit to a blood test for the presence of a sexually transmitted disease including, but not limited to, the Human Immunodeficiency Virus (HIV) which causes Acquired Immune Deficiency Syndrome (AIDS) as provided for in chapter 23-6.3.


(b) Notwithstanding the limitations imposed by §§ 23-6.3-7 and 5-37.3-4, the results of the HIV test shall be reported to the court, which shall then disclose the results to any victim of the sexual offense who requests disclosure. Review and disclosure of blood test results by the courts shall be closed and confidential, and any transaction records relating to them shall also be closed and confidential.


(c) [Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].


(d) [Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].


(e) [Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].


CREDIT(S)


P.L. 1995, ch. 105, § 1; P.L. 2009, ch. 196, § 3, eff. July 1, 2009; P.L. 2009, ch. 289, § 3, eff. July 1, 2009; P.L. 2010, ch. 239, § 17, eff. June 25, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-1. Short title


This chapter shall be known and be cited as the “Sexual Offender Registration and Community Notification Act”.


CREDIT(S)


P.L. 1996, ch. 104, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-2. Definitions


(a) “Aggravated offense” means and includes offenses involving sexual penetration of victims of any age through the use of force or the threat of use of force or offenses involving sexual penetration of victims who are fourteen (14) years of age or under.


(b) “Board”, “board of review”, or “sex offender board of review” means the sex offender board of review appointed by governor pursuant to § 11-37.1-6.


(c)(1) “Conviction” or “convicted” means and includes any instance where:


(i) A judgment of conviction has been entered against any person for any offense specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or


(ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or


(iii) There has been a plea of guilty or nolo contendere for any offense specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or


(iv) There has been an admission of sufficient facts or a finding of delinquency for any offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is pending.


(2) Provided, in the event that a conviction, as defined in this subsection, has been overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall no longer be required to register as required by this chapter and any records of a registration shall be destroyed. Provided, further that nothing in this section shall be construed to eliminate a registration requirement of a person who is again convicted of an offense for which registration is required by this chapter.


(d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].


(e) “Criminal offense against a victim who is a minor” means and includes any of the following offenses or any offense in another jurisdiction which is substantially the equivalent of the following or for which the person is or would be required to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c):


(1) Kidnapping or false imprisonment of a minor, in violation of § 11-26-1.4, 11-26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of eighteen (18) years;


(2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;


(3) Any violation of § 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;


(4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34 of this title and the victim or person solicited to commit the offense is under the age of eighteen (18) years;


(5) Any violation of § 11-9-1(b) or (c);


(6) Any violation of § 11-9-1.3;


(7) Any violation of § 11-37.1-10;


(8) Any violation of § 11-37-8.8;


(9) Any violation of § 11-64-2 where the victim is under the age of eighteen (18) years; or


(10) Murder in violation of § 11-23-1 where the murder was committed in the perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is under eighteen (18) years of age.


(f) “Designated state law enforcement agency” means the attorney general or his or her designee.


(g) “Employed, carries on a vocation” means and includes the definition of “employed, carries on a vocation” under 42 U.S.C. § 14071.


(h) “Institutions of higher education” means any university, two (2) or four (4) year college or community college.


(i) “Mental abnormality” means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.


(j) “Predator” means a person whose act(s) is (are) or was (were) directed at a stranger, or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.


(k) “Sexually violent offense” means and includes any violation of § 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1 where the specified felony is sexual assault, or § 11-23-1 where the murder was committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual assault or child molestation, or any offense in another jurisdiction which is substantially the equivalent of any offense listed in this subsection or for which the person is or would be required to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).


(l) “Sexually violent predator” means a person who has been convicted of a sexually violent offense and who has a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.


(m) “Student” means and includes the definition of “student” under 42 U.S.C. § 14071.


(n) “Parole board” means the parole board or its designee.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 83, § 14;P.L. 1999, ch. 130, § 14;P.L. 1999, ch. 255, § 1;P.L. 2002, ch. 330, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1; P.L. 2008, ch. 155, § 1, eff. July 1, 2008; P.L. 2008, ch. 202, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-3. Registration required--Persons covered


(a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3) has been determined to be a sexually violent predator, (4) has committed an aggravated offense as defined in § 11-37.1-2, or (5) is a recidivist, as defined in § 11-37.1-4, shall be required to register his or her current address with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the time period specified in § 11-37.1-4.


(b) Any person who is: (1) a nonresident worker who has committed an offense that is subject to registration in the state of his or her residence and who is employed or carrying on a vocation in Rhode Island as defined in § 11-37.1-2(g), or (2) a nonresident student as defined by § 11-37.1-2(m) who has committed an offense that is subject to registration in the state of his or her residence and who is attending an educational institution in Rhode Island, shall be required to register his or her current address and the address of his or her place of employment or school attended with the local law enforcement agency having jurisdiction over the city or town in which the nonresident worker or student is employed or attending school.


(c) Any person having a duty to register as a sex offender in subsection (a) of this section who is enrolled at, employed at or carrying on a vocation at an institution of higher education shall have an additional duty to register the information described in subsection (a) of this section with the local law enforcement agency in the city or town where the primary campus of the institution of higher education at which the person is enrolled, employed or carrying on a vocation who is located for the period of time they are enrolled at, employed at or carrying on a vocation at the institution of higher education.


(d) If a person is registered as a sex offender in another state for an offense which, if committed within the jurisdiction of this state, would require the person to register as a sex offender, then that person, upon moving to or returning to this state, shall register as a sex offender in the same manner as if the offense were committed within Rhode Island.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 255, § 1;P.L. 2002, ch. 330, § 1;P.L. 2005, ch. 410, § 7; P.L. 2006, ch. 370, § 1, eff. July 7, 2006; P.L. 2006, ch. 440, § 1, eff. July 7, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-4. Duration of registration--Frequency of registration


(a) Annual registration. Any person required to register under § 11-37.1-3(a)(1) or (2) shall annually register with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for a period of ten (10) years from the expiration of sentence for the offense and shall verify his or her address with the agency on a quarterly basis for the first two (2) years of the period unless the person has been determined to be a sexually violent predator in accordance with § 11-37.1-6 or unless the person is required to register for the life of that person in accordance with the provisions of subsection (c) of this section.


(b) Sexually violent predators. Any person who has been determined to be a sexually violent predator in accordance with the provisions of § 11-37.1-6 shall be required to annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the life of that person and to verify his or her address on a quarterly basis for the life of that person.


(c) Recidivists and aggravated crime offenders. Any person required to register under § 11-37.1-3 and who has one or more prior convictions for any offense described in § 11-37.1-2 or has been convicted of an aggravated offense as defined in § 11-37.1-2 shall annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the life of that person and to verify his or her address on a quarterly basis for the life of that person.


(d) Nonresident workers and students. Any nonresident person required to register pursuant to § 11-37.1-3(b)(1) or (2) shall annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register is employed or attends school for the period of time that the person is employed in Rhode Island or is attending school in Rhode Island.


(e) Initial registration; Incarcerated individuals. All persons required to register under this chapter who are sentenced to a period of confinement shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within twenty-four (24) hours of their release from confinement.


(f) Initial registration; Non-incarcerated individuals. All persons required to register under this chapter who are convicted in Rhode Island and who are not sentenced to serve a term of incarceration or confinement shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within twenty-four (24) hours of being sentenced.


(g) Initial registration; Individuals relocating to Rhode Island All persons required to register under this chapter who are moving their residence to Rhode Island from another jurisdiction shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within twenty-four (24) hours of their arrival in Rhode Island.


(h) Initial registration; Nonresident workers and students. All nonresident workers or students who are required to register under this chapter shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person is employed or is attending school within twenty-four (24) hours of their first day of their personal attendance at their place of employment or school.


(i) Tolling provision. Where, during the period in which any person is required to register, a person required to register under this chapter is incarcerated or re-incarcerated for any offense or is civilly committed, the person's registration requirements shall be tolled during the subsequent incarceration, re-incarceration or commitment.


(j) Juveniles. Any juvenile having the duty to register under subsections (b) and (c) of this section shall be required to annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the juvenile having the duty to register resides for fifteen (15) years subsequent to the date of release from confinement or placement in the community or probation for such offense or offenses and to verify his or her address on a quarterly basis for said fifteen (15) years. However, if a juvenile is adjudicated delinquent under § 11-37-8.1 or 11-37-8.3, the court shall assess the totality of the circumstances of the offense and if the court makes a finding that the conduct of the parties is criminal only because of the age of the victim, the court may have discretion to order the juvenile to register as a sex offender as long as the court deems it appropriate to protect the community and to rehabilitate the juvenile offender. Registration shall be subject to the provisions of this chapter.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1997, ch. 156, § 1;P.L. 1999, ch. 255, § 1;P.L. 2000, ch. 358, § 1;P.L. 2000, ch. 462, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-5. Registration requirement upon release, parole, or probation


(a)(1) Duty of state officials. If a person who is required to register under this chapter is released from prison, then the official in charge of the place of confinement or his or her designee shall comply with the provisions of subsection (b) of this section;


(2) If a person who is required to register under this chapter is placed on parole, the executive secretary of the parole board shall comply with the provisions of subsection (b) of this section;


(3) If a person who is required to register under this chapter is released on probation or placed on home confinement, then the assistant administrator or the division of probation shall comply with the provisions of subsection (b) of this section;


(4) If a person who is required to register under this chapter is released from a juvenile correctional facility, either outright or on some form of supervised release, then the person in charge of the institution shall comply with the provisions of subsection (b) of this section;


(5) If a person who is required to register under this chapter is placed on juvenile probation, then the person in charge of the program shall comply with the provisions of subsection (b) of this section; or


(6) If a person who is required to register under this chapter has moved into this state under the provisions of an interstate compact providing for supervision of the terms of his or her release by agents of this state, then the administrator of the interstate compact shall comply with the provisions of subsection (b) of this section.


(b) Notification of registration requirements. The person designated with the responsibility for the notification requirements of this chapter shall, prior to the release of any person required to register under this chapter:


(1) Inform the person of the duty to register and obtain the information required for registration;


(2) Inform the person that if the person changes his or her residence address, the person shall give the new address to a designated state law enforcement agency in writing within twenty-four (24) hours;


(3) Inform the person that if the person changes residence to another state, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new state in accordance with the new state's sex offender registration statute;


(4) Inform the person that if the person works or attends school in another state in which he or she does not reside, the person shall register his or her employment address or address of the educational institution he or she attends as required by the other state;


(5) Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and


(6) Require the person to read and sign a form approved by the attorney general stating that the duty of the person to register under this section has been explained.


(c) Registration information. In addition to the requirements of subsection (b) of this section, for a person required to register under § 11-37.1-3, then the person responsible for the notification required under subsection (b) of this section shall obtain the name of the person, identifying factors, anticipated future residence, juvenile and adult offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person. For purposes of this subsection, the provisions of chapter 37.3 of title 5 pertaining to health care privileges, the provisions of § 9-17-24 pertaining to the privilege of witnesses, or the provisions of § 42-72-8 pertaining to confidentiality of records of the department of children, youth and families, shall not be effective so as to prevent the transfer of information or the testimony of any person possessing any information required by this subsection. Any information so obtained may be transferred to the sex offender board of review and may be used by them in making a determination of whether or not the person is a sexually violent predator or in determining the level of notification under § 11-37.1-12. The information may also be used by the sentencing court or by any court reviewing the level of notification determined by the sex offender board of review or reviewing any conviction or sentence which requires registration under this chapter. Provided, information so obtained shall not be admissible in any other judicial proceeding against the subject of the information except to determine a person's status as a sexually violent predator or to determine or review the level of notification to the community which has been made by a court or the sex offender board of review. Provided, further, that this subsection shall not be applicable to any person for whom an appeal is pending for which a final judgment of conviction has not been entered, until the time that a final conviction has been entered.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1997, ch. 326, § 35;P.L. 1999, ch. 255, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-6. Community notification


(1)(a) Sex Offender Board of Review. The governor shall appoint eight (8) persons including experts in the field of the behavior and treatment of sexual offenders by reason of training and experience, victim's rights advocates, and law enforcement representatives to the sex offender board of review. At least one member of the sex offender board of review shall be a qualified child/adolescent sex offender treatment specialist. These persons shall serve at the pleasure of the governor or until their successor has been duly qualified and appointed.


(b) Duties of the Board. Upon passage of this legislation, the sex offender board of review will utilize a validated risk assessment instrument and other material approved by the parole board to determine the level of risk an offender poses to the community and to assist the sentencing court in determining if that person is a sexually violent predator. If the offender is a juvenile, the Department of Children, Youth & Families shall select and administer a risk instrument appropriate for juveniles and shall submit the results to the sex offender board of review.


(c) Duties of other state agencies. Six (6) months prior to release of any person having a duty to register under § 11-37.1-3, or upon sentencing of a person having a duty to register under § 11-37.1-3, if the offender is not incarcerated, the agency having supervisory responsibility and the Interstate Compact Unit of the Rhode Island department of corrections upon acceptance of supervision of a sexual offender from the sending state shall refer the person to the sex offender board of review, together with any reports and documentation that may be helpful to the board, for a determination as to the level of risk an offender poses to the community and to assist the sentencing court in determining if that person is a sexually violent predator.


(2)(i) The board shall within thirty (30) days of a referral of a person shall conduct the validated risk assessment, review other material provided by the agency having supervisory responsibility and assign a risk of re-offense level to the offender. In addition, the board may find that, based on the assessment score and other material, that the person may possess a mental abnormality or personality disorder that makes the person likely to engage in sexually violent predatory offenses. In these cases, the committee shall ask the parole board psychiatrist or if the offender is a juvenile, a DCYF psychiatrist to conduct a sex offender evaluation to determine if the offender possesses a mental abnormality or personality disorder that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.


(ii) Upon receipt of a sex offender evaluation that suggests there is sufficient evidence and documentation to suggest that a person may be a sexually violent predator, the sex offender board of review shall forward a report to the attorney general for consideration by the court.


(iii) Upon receipt of a report from the attorney general, the court, after notice to the offender and his or her counsel, shall upon consideration of the report and other materials, make a determination as to whether or not a person is a sexually violent predator.


(iv) Effect of determination. In the event that a determination is made by the court that a person is a sexually violent predator, that person shall be required to register and verify his or her address in accordance with §§ 11-37.1-3, 11-37.1-4 and 11-37.1-8(b).


(3) No cause of action or liability shall arise or exist against the committee or any member or agent of the board as a result of the failure of the board to make any findings required by this section within the time period specified by subdivision (2) of this subsection.


(4) Notwithstanding any other provision of law, the board shall have access to all relevant records and information in the possession of any state official or agency having a duty under §§ 11-37.1-5(a)(1) through (6), relating to the juvenile and adult offenders under review by the board, including, but not limited to, police reports; prosecutor's statements of probable cause, presentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the board of review under this subsection shall remain confidential, provided that the board of review may disclose the records and information to the sentencing court in accordance with the provisions of this chapter.


(5) Duties of the director of the department of corrections/director of the department of children, youth and families. Not less than sixty (60) days prior to release of any person subject to this chapter, the director of the department of corrections or, in the event the person is a juvenile, the director of the department of children, youth and families, or their respective designees, shall seek verification that the duties of the sex offender board of review and any other state agency have been fulfilled as specified in § 11-37.1-6 et seq. In the event that the director of the department of corrections or, in the event the person is a juvenile, the director of the department of children, youth and families, cannot obtain verification, he or she shall, no less than thirty (30) days prior to the release of a person subject to this chapter, file with the presiding judge of the superior court or, in the case of a juvenile, the chief judge of the family court, a petition in the nature of mandamus, seeking compliance with this chapter. The court shall promptly, but no less than ten (10) days from the filing of the petition, hold a hearing on the petition. The court may, in its discretion, enter any orders consistent with this chapter to compel compliance, however, the court may not delay the release of any person subject to this chapter for the failure of the sex offender board of review or any state agency to fulfill its obligations under this chapter.


CREDIT(S)


P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1; P.L. 2006, ch. 206, § 4, eff. June 28, 2006; P.L. 2006, ch. 207, § 4, eff. June 28, 2006; P.L. 2008, ch. 191, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-7. Transfer of information to designated state law enforcement agency and the FBI


The person required to provide notice in accordance with § 11-37.1-5(b) and the local law enforcement agencies required to register persons who have a duty to register in accordance with § 11-37.1-4, shall, within three (3) days after receipt of information defined in that section, forward it to a designated state law enforcement agency. The state law enforcement agency shall immediately enter the information into the appropriate state law enforcement record system. The state law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 255, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-8. Verification of address


(a) For a person required to register under § 11-37.1-3(a)(1) or (2) on each anniversary of the person's initial registration date during the period in which the person is required to register:


(1) The sex offender community notification unit of the parole board shall mail a non-forwardable verification form to the last reported address of the person;


(2) The person shall mail the verification form to the sex offender community notification unit within ten (10) days after receipt of the form;


(3) The verification form shall be signed by the person, and state that the person still resides at the address last reported to the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides; and


(4) If the person fails to mail the verification form to the sex offender community notification unit of the parole board within ten (10) days after receipt of the form, the person shall be in violation of this chapter unless the person proves that the person has not changed the residence address from that which he or she last registered.


(b) The provisions of subdivisions (1)--(4) of this section shall apply to a person required to register under § 11-37.1-3(a)(3), (4), or (5), except that the registration address verification shall take place quarterly.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 255, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-9. Notification of local law enforcement agencies of changes in address


(a) Duty of local law enforcement agency; Interstate and Intrastate moves. For any person required to register under this chapter, the local law enforcement agency having jurisdiction where the person is residing, shall, if the person changes residence to another state or within the state, notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement and notify the designated state law enforcement agency.


(b) Duty of person required to register; Interstate moves. A person who has been convicted of an offense which required registration under this chapter shall register the new address with a designated state law enforcement agency in another state to which the person moves in accordance with the new state's sex offender registration statute. Prior to the change of residence to a new state, the person shall notify the local law enforcement agency within this state with which the person is registered of the intended move and of the new address within the new state.


(c) Duty of law enforcement agency; Changes of residence within the state. For any person required to register under this chapter, the local law enforcement agency having jurisdiction where the person is residing, shall, if the person changes residence to another city or town in Rhode Island, notify the local law enforcement agency with which the person must register in the new city or town and notify the state designated law enforcement agency.


(d) Duty of person required to register; Changes of residence within the state. A person who has been convicted of an offense which requires registration under this chapter and who changes his or her residence address to another city or town in Rhode Island, shall notify the local law enforcement agency in the city or town from which the person is moving before the person establishes residence in the new location, and shall register with the local law enforcement agency in the city or town in which the person is moving not later than twenty-four (24) hours after the person establishes residence in the new city or town. A person who has been convicted of an offense which requires registration under this chapter and who changes his or her residence within a city or town in Rhode Island shall notify the local law enforcement agency in the city or town not later than twenty-four (24) hours after the person changes the residence within the city or town.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 255, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1; P.L. 2008, ch. 155, § 1, eff. July 1, 2008; P.L. 2008, ch. 191, § 1, eff. July 2, 2008; P.L. 2008, ch. 202, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-10. Penalties


(a) Any person who is required to register or verify his or her address or give notice of a change of address or residence, who knowingly fails to do so, shall be guilty of a felony and upon conviction be imprisoned not more than ten (10) years, or fined not more than ten thousand dollars ($10,000), or both.


(b) Any person who is required to register or verify his or her address or give notice of a change of address or residence, who knowingly fails to do so, shall be in violation of the terms of his or her release, regardless of whether or not the term was a special condition of his or her release on probation, parole or home confinement or other form of supervised release.


(c) Any person who is required to register or verify his or her address, who knowingly resides within three hundred feet (300') of any school, public or private, shall be guilty of a felony and upon conviction may be imprisoned not more than five (5) years, or fined not more than five thousand dollars ($5,000) or both.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1; P.L. 2008, ch. 155, § 1, eff. July 1, 2008; P.L. 2008, ch. 189, § 1, eff. July 2, 2008; P.L. 2008, ch. 202, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-11. Release of information


(a) Except as otherwise provided by this chapter or as provided in subsections (b) or (c) of this section, no information obtained under this chapter shall be released or transferred without the written consent of the person or his or her authorized representative.


(b) No consent for release or transfer of information obtained under this chapter shall be required in the following instances:


(1) Information may be disclosed to law enforcement agencies for law enforcement purposes;


(2) Information may be disclosed to government agencies conducting confidential background checks;


(3) The designated law enforcement agency and any local law enforcement agency authorized by the state agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released;


(4) Information may be released or disseminated in accordance with the provisions of § 11-37.1-12; and


(5) Information shall be disclosed by the local police department to the general public in a city or town for those registered offenders determined to be either a level 2 or level 3 offender as determined consistent with parole board guidelines.


(c) Any local law enforcement agency shall release relevant information collected pursuant to § 11-37.1-3(c) to any campus police agency appointed pursuant to § 16-15-2 or police for private institutions appointed pursuant to § 12-2.1-1 for any person having a duty to register who is enrolled in, employed by or carrying on a vocation at an institution of higher education. That agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 2002, ch. 330, § 1;P.L. 2005, ch. 80, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-12. Rules and regulations for community notification


(a) The parole board shall promulgate guidelines and procedures for notification required pursuant to the provisions of this section.


(b) The regulations shall provide for three (3) levels of notification depending upon the risk of re-offense level of the sex offender determined by the sex offender board of review as outlined in § 11-37.1-6(b):


(1) If risk of re-offense is low, law enforcement agencies and any individuals identified in accordance with the parole board guidelines shall be notified;


(2) If risk of re-offense is moderate, organizations in the community likely to encounter the person registered shall be notified in accordance with the parole board's guidelines, in addition to the notice required by subdivision (1) of this subsection;


(3) If risk of re-offense is high, the members of the public likely to encounter the person registered shall be notified through means in accordance with the parole board's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by subdivisions (1) and (2) of this subsection.


(4) The sex offender community notification unit is authorized and directed to utilize the Rhode Island state police website and the Rhode Island Unified Court System website for the public release of identifying information of level two and level three sex offenders who have been convicted, provided that no identifying information of a juvenile shall be listed on the website.


(5) Notwithstanding any other provision of law, the sex offender review board shall have access to all relevant records and information in the possession of any state official or agency having a duty under § 11-37.1-5(a)(1) through (6) relating to juvenile and adult offenders under review by the sex offender review board, including, but not limited to, police reports, prosecutors statements of probable cause, pre-sentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the sex offender review board under this subsection shall remain confidential, provided that the parole board may disclose the records and information to the board of review, the sentencing court, and/or law enforcement agencies in accordance with the provisions of this chapter.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 255, § 1;P.L. 2000, ch. 360, § 1;P.L. 2001, ch. 180, § 8;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1;P.L. 2005, ch. 80, § 1; P.L. 2008, ch. 155, § 1, eff. July 1, 2008; P.L. 2008, ch. 202, § 1, eff. July 2, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-13. Notification procedures for tiers two (2) and three (3)


If after review of the evidence pertaining to a person required to register according to the criteria set forth in § 11-37.1-12, the board is satisfied that risk of re-offense by the person required to register is either moderate or high, the sex offender community notification unit of the parole board shall notify the person, in writing, by letter or other documentation:


(1) That community notification will be made not less than ten (10) business days from the date of the letter or other document evidencing an intent to promulgate a community notice in accordance with § 11-37.1-12(b), together with the level, form and nature that the notification will take;


(2) That unless an application for review of the action is filed within the time specified by the letter or other documentation, which in any case shall not be less than ten (10) business days, by the adult offender subject to community notification, with the criminal calendar judge of the superior court for the county in which the adult offender who is the subject of notification resides or intends to reside upon release, or by the juvenile offender subject to community notification over whom the family court exercises jurisdiction, with the clerk of the family court for the county in which the juvenile offender resides or intends to reside upon release, whose name shall be specified in the letter or other document, requesting a review of the determination to promulgate a community notification, that notification will take place;


(3) That the person has a right to be represented by counsel of their own choosing or by an attorney appointed by the court, if the court determines that he or she cannot afford counsel; and


(4) That the filing of an application for review may be accomplished, in the absence of counsel, by delivering a letter objecting to the notification and/or its level, form or nature, together with a copy of the letter or other documentation describing the proposed community notification, addressed to the judge described in the communication to the clerk of the superior court in the county in which the adult offender resides or intends to reside upon release, or in the case of juvenile offenders over whom the family court exercises jurisdiction, addressed to the judge described in the communication to the clerk of the family court in the county in which the juvenile offender resides or intends to reside upon release.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 40, § 1;P.L. 1999, ch. 227, § 1;P.L. 1999, ch. 255, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1;P.L. 2005, ch. 410, § 7; P.L. 2010, ch. 103, § 1, eff. June 22, 2010; P.L. 2010, ch. 109, § 1, eff. June 22, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-14. Preliminary proceedings on objection to community notification--Procedures


Upon receipt of a request from a person subject to community notification under § 11-37.1-12(b), the superior court, or the family court of the county in which the person resides or intends to reside upon release, shall:


(1) Set a date for hearing and decision on the matter;


(2) Provide notice of the date for the hearing to both the applicant or his or her counsel and to the attorney general;


(3) Appoint counsel for the applicant if he or she cannot afford one; and


(4) Direct that the attorney general promptly provide copies of all papers, documents and other materials which formed the basis for the determination of the level and manner of community notification be provided to the court and the applicant or his or her counsel.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 1999, ch. 40, § 1;P.L. 1999, ch. 227, § 1;P.L. 1999, ch. 255, § 1;P.L. 2005, ch. 410, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-15. Application hearing procedures


(a) On the date set for the hearing on the review of the application the court shall:


(1) In camera, review the materials provided in accordance with § 11-37.1-14(4);


(2) Determine whether and to what extent the production of witnesses and cross examination shall be required or permitted depending on the complexities of the matter involved, the extent of doubt concerning the correctness of the level, nature and extent of the notification proposed; and


(3) Presume the need for a prompt determination.


(b) In any application hearing proceeding the rules of evidence shall not apply and the court may rely on documentary presentations, including expert opinion on all issues.


(c) Nothing in this section should be construed to allow the applicant to relitigate the adjudication of guilt.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-16. Application review--Burden of production and persuasion


(a) In any proceeding under this chapter, the state shall have the burden of going forward, which burden shall be satisfied by the presentation of a prima facie case that justifies the proposed level of and manner of notification.


(b) For purposes of this section, “prima facie case” means:


(1) A validated risk assessment tool has been used to determine the risk of re-offense;


(2) Reasonable means have been used to collect the information used in the validated assessment tool.


(c) Upon presentation of a prima facie case, the court shall affirm the determination of the level and nature of the community notification, unless it is persuaded by a preponderance of the evidence that the determination on either the level of notification of the manner in which it is proposed to be accomplished is not in compliance with this chapter or the guidelines adopted pursuant to this chapter.


Nothing in this section shall be construed to prohibit the release of information pertaining to a person who has been convicted of any of the violations of any offense listed in § 11-37.1-2, so long as the information has been gathered or obtained through sources other than the registration process provided by this chapter. Provided further, that nothing in this section shall be deemed to authorize the release of any information pertaining to any victim of any offense listed in § 11-37.1-2.


CREDIT(S)


P.L. 1996, ch. 104, § 1;P.L. 2003, ch. 162, § 1;P.L. 2003, ch. 170, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-17. Immunity for good faith conduct


Any person who performs any act or fails to perform any act pursuant to this chapter shall have good faith immunity from any liability, civil or criminal, that might be incurred as a result of the performance of or the failure to perform any act pursuant to this chapter.


CREDIT(S)


P.L. 1996, ch. 104, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-18. Continuation of prior duty to register


Any person who pursuant to the provisions of former 11-37-16 had a duty to register under that section after having been convicted of any violation of the provisions of chapter 37 of this title, or for a conviction in another state of first degree sexual assault which if committed in this state would constitute a violation of chapter 37 of this title, shall have the duty to register in accordance with the provisions of this chapter. Nothing in this section shall be construed to abrogate any duty to register which exists or existed under the provisions of former § 11-37-16.


CREDIT(S)


P.L. 1996, ch. 104, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-19. Severability


If any provision of this chapter or its application to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.


CREDIT(S)


P.L. 1996, ch. 104, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.1-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.1. Sexual Offender Registration and Community Notification

§ 11-37.1-20. Remand to sex offender board of review


Upon application by the attorney general or counsel for the sex offender, the court may remand any case pending adjudication of sexually violent predator status back to the sex offender board of review for further determination of sexually violent predator status and community notification level pursuant to § 11-37.1-6.


CREDIT(S)


P.L. 2003, ch. 162, § 2;P.L. 2003, ch. 170, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-1. Filing of complaint


(a) Proceedings under this chapter shall be filed, heard and determined in the district court of the division in which the moving party resides except when either party is a juvenile. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a complaint under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the bringing of an action under this chapter.


(b) Answers to the summons and complaint shall be made within ten (10) days of service upon the defendant and the action shall take precedence on the calendar. If no answer is filed within the time prescribed, judgment shall enter forthwith.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009; P.L. 2010, ch. 216, § 2, eff. June 25, 2010; P.L. 2010, ch. 236, § 2, eff. June 25, 2010.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-2. Protective orders--Penalty--Jurisdiction


(a) A person who is a victim of sexual assault as defined in § 11-37-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8.1, 11-37-8.3 or 11-59-2, may file a complaint in the district court requesting any order which will protect him or her from the future abuse, including, but not limited to the following:


(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting or otherwise interfering with the plaintiff at home, on the street or elsewhere, whether the defendant is an adult or minor;


(2) Upon motion by the plaintiff, his or her address shall be released only at the discretion of the district court judge.


(b) Nothing in this section shall limit a defendant's right under existing law to petition the court at a later date for modification of the order.


(c) Any violation of the aforementioned protective order shall subject the defendant to being found in contempt of court.


(d) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order upon motion by the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.


(e) Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.


(f) “Actual notice” means that the defendant has received a copy of the order by service thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-7.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-3. Temporary orders--Ex parte proceedings


(a)(1) Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse.


(2) If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss or damage will result to the plaintiff, before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within the time after entry, not to exceed twenty-one (21) days, as the court fixes, unless within the time so fixed the order: (i) By consent; or (ii) Due to a failure to make service of process upon the defendant despite diligent efforts; or (iii) For good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and shall be given precedence over all matters except older matters of the same character, and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 11-37.2-2, and, if he or she does not do so, the court shall dissolve the temporary order.


(b)(1) When the court is unavailable after the close of business a complaint may be filed before any available district court judge who may grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.


(2) No temporary order shall be granted pursuant to the provisions of this section unless it clearly appears from specific facts shown by the affidavit or by verified complaint that immediate and irreparable injury, loss or damage will result to the plaintiff before notice can be served and a hearing held.


(c) Any order issued under this section and any documentation in support of an order shall be filed immediately with the clerk of the district court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.


(d) The clerk of the district court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-4. Report to law enforcement agency


Whenever the court grants a temporary order pursuant to § 11-37-8.3 based on a complaint alleging that a minor is suffering from sexual abuse, the court shall ensure that the appropriate law enforcement agency is notified of the complaint.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.



Current through chapter 491 of the January 2012 session




Gen.Laws 1956, § 11-37.2-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-5. Return of service--Alternate service


(a) The complaint and any order issued under this chapter shall be personally served upon the defendant by a sheriff or constable except as provided in subsection (c), (d) and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service pursuant to this subsection may also be made by a constable licensed to serve process of the district court pursuant to § 45-16-4.1. The constable shall be entitled to receive the fee allowed by law for the service of a district court summons.


(b) Return of service shall be forwarded by the deputy sheriff or constable to the clerk of the court prior to the date set down for hearing on the complaint. If service has not been made, the deputy sheriff or constable shall indicate on the summons the reason therefor and the attempts made to serve the defendant.


(c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.


(d) If, at the time of hearing on the complaint, the court determines that after diligent effort the deputy sheriff or constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff's ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at defendant's last known address (excluding the residence which he or she has been ordered to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing therein, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.


(e) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.


(f) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting order.


(g) When service of the temporary order issued pursuant to this section has not been made and/or after a permanent order is entered, a police officer shall give notice of the order to the defendant by handing him or her a certified copy of the order. The officer shall indicate that he or she has given notice by writing on the plaintiff's copy of the order and the police department's copy of the order the date and time of giving notice and the officer's name and badge number. The officer shall indicate on the offense report that actual notice was given.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009; P.L. 2012, ch. 324, § 38, eff. June 20, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-6. Notice of penalties--Notice of renewal


Each protective order issued under this chapter, including a temporary ex-parte order, shall have the following statements printed in bold-faced type or in capital letters:


A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS $1,000 AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING. IF THE VICTIM WANTS THIS ORDER TO CONTINUE BEYOND THE EXPIRATION DATE, THE VICTIM MUST APPLY FOR A RENEWAL OF THE ORDER BEFORE THE EXPIRATION DATE.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-7. Form of complaint


(a) A form in substantially the following language shall suffice for the purpose of filing a complaint under this chapter:


 

STATE OF RHODE ISLAND DISTRICT COURT

 

COUNTY OF ______________________________ DIVISION

 

_______________________________________________

 

Plaintiff:

 
 

 

VS: NO:

 
 

 

______________________________________:

 

Defendant:

COMPLAINT FOR PROTECTION FROM ABUSE


Pursuant to chapter 8.1 of title 8, I request that the court enter an order protecting me from abuse.


(a)(1) My full name, present street address, city and telephone number are as follows:


(b)(2) The full name, present street address, city and telephone number of the person causing me abuse (the defendant) are as follows:


(c)(3) On or about __________, without cause or provocation, I suffered abuse when the defendant:


[ ] Threatened or harmed with a weapon:__________ (type of weapon used)


[ ] Attempted to cause me physical harm;


[ ] Caused me physical harm;


[ ] Placed me in fear of imminent physical harm;


[ ] Caused me to engage involuntarily in sexual relations by force, threat of force or duress;


[ ] Attempted to cause me to engage involuntarily in sexual relations by force, threat of force or duress;


Specifically, the defendant:___________________________________________________


(d) I ask that:


[ ] The court order that the defendant be restrained and enjoined from contacting, assaulting, molesting or otherwise interfering with the plaintiff at home, on the street or elsewhere.


[ ] I request that the above relief be ordered without notice because it clearly appears from specific facts shown by affidavit or by the verified complaint that I will suffer immediate and irreparable injury, loss or damage before notice can be served and a hearing had thereon. I understand that the court will schedule a hearing no later than twenty-one (21) days after such order is entered on the question of continuing such temporary order.


(e) I have not sought protection from abuse from any other judge of the district court arising out of the same facts or circumstances alleged in this complaint.


 

________________________________________

 

(Signature)

(Date)

Subscribed and sworn to before me in _______________ in the County of _______________ in the State of Rhode Island and Providence Plantations, this ___ day of__________A.D.

 

_________________________

 

Notary Public

Note: If this complaint is filed by an attorney, the attorney's certificate should appear below:

 

ATTORNEY CERTIFICATE

 

Signed: ________________________________________

 

Attorney for Plaintiff

 

Address: _______________________________________

 

________________________________________________

 

Date: ____________________

 

WHITE COPY [ ] Court

 

YELLOW COPY [ ] Plaintiff

 

PINK COPY [ ] Defendant

 

GOLDENROD COPY [ ] Police Department

(b) A form in substantially the following language shall suffice for the purpose of requesting temporary orders under this chapter:


 

STATE OF RHODE ISLAND DISTRICT COURT

 

COUNTY OF ______________________________ DIVISION

 

____________________________________________:

 

Plaintiff:

 
 

 

VS: NO:

CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.


Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-37.2-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 37.2. Sexual Assault Protective Orders

§ 11-37.2-8. Appeal


An order granting relief pursuant to § 8-8.1-3 shall remain in effect during the pendency of the appeal to the superior court unless the order is stayed by a justice of the superior court.


CREDIT(S)


P.L. 2009, ch. 239, § 1, eff. Nov. 9, 2009; P.L. 2009, ch. 240, § 1, eff. Nov. 9, 2009.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-1 to 11-38-4. Repealed by P.L. 2004, ch. 336, § 4, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-1 to 11-38-4. Repealed by P.L. 2004, ch. 336, § 4, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-1 to 11-38-4. Repealed by P.L. 2004, ch. 336, § 4, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-1 to 11-38-4. Repealed by P.L. 2004, ch. 336, § 4, eff. July 3, 2004



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-5. Inciting riot at correctional institution


Any person who, with intent to cause a riotous assembly at the adult correctional institutions, shall incite a riot or a continuance of a riot or destruction of property while rioting, shall, upon being found guilty of the offense, be fined not exceeding ten thousand dollars ($10,000), or shall be imprisoned not exceeding ten (10) years, or both.


CREDIT(S)


P.L. 1973, ch. 148, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-38-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 38. Riotous Assembly

§ 11-38-6. Inciting riot at municipal detention facility


Any prisoner, detainee, or other person incarcerated or confined at the Donald W. Wyatt Detention Facility in the city of Central Falls who, with intent to cause a riotous assembly at the Donald W. Wyatt Detention Facility created under chapter 54 of title 45, incites a riot or any continuance of a riot or destruction of property while rioting shall, upon conviction, be imprisoned at the adult correctional institutions for a term not to exceed ten (10) years, or be fined an amount not to exceed ten thousand dollars ($10,000), or both; that term commences at the expiration of the original term of imprisonment of the prisoner.


CREDIT(S)


P.L. 2000, ch. 362, § 2;P.L. 2000, ch. 477, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-39-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 39. Robbery

§ 11-39-1. Penalty for robbery


(a) Every person who shall commit: (1) robbery by use of a dangerous weapon; (2) robbery where a victim is injured; or (3) robbery where the victim is a person who is severely impaired or an elderly person; shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both.


(b) Every person who shall commit robbery or other larceny from the person by force or threat, where there is no weapon and no injury and the victim is neither a severely impaired person or an elderly person, shall be guilty of second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.


(c) For the purposes of this section:


(1) “Person who is severely impaired” has the same definition as provided in 11-5-11; and


(2) “Elderly person” means a person sixty (60) years of age or older.


CREDIT(S)


P.L. 1980, ch. 94, § 1; P.L. 1991, ch. 201, § 1;P.L. 1996, ch. 153, § 1;P.L. 1999, ch. 83, § 15;P.L. 1999, ch. 130, § 15.


Codifications: G.L. 1896, ch. 277, § 4; G.L. 1909, ch. 343, § 4; G.L. 1923, ch. 395, § 4; G.L. 1938, ch. 606, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-39-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 39. Robbery

§ 11-39-2. Robbery of the owner, lessor, or occupant of a motor vehicle


(a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, or occupant by use or threat of use of a dangerous weapon against the owner, lessor, or occupant resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both. In all such cases, the justice imposing sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence. A person sentenced to prison for violation of this subsection shall not be eligible for parole until at least one-half ( 1/2) of the sentence has been served in prison.


(b) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, or occupant by force or threat of force against the owner, lessor, or occupant shall be guilty of second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.


(c) Every person who shall commit robbery of a motor vehicle by seizing it from its lawful owner, lessor, or occupant under the circumstances set forth in subsection (a) or (b) of this section, resulting in the death of the owner, lessor or occupant, shall be guilty of first degree murder and shall be sentenced to life imprisonment, and may be sentenced to life imprisonment without parole if ordered by the court pursuant to chapter 19.2 of title 12. A person sentenced to life imprisonment for violation of this subsection shall not be eligible for parole until at least twenty (20) years of the sentence has been served in prison.


CREDIT(S)


P.L. 1994, ch. 177, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-40-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 40. Sunday Laws [Repealed]

§§ 11-40-1 to 11-40-4. Repealed by P.L. 2000, ch. 109, § 9, eff. July 7, 2000



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-40-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 40. Sunday Laws [Repealed]

§§ 11-40-1 to 11-40-4. Repealed by P.L. 2000, ch. 109, § 9, eff. July 7, 2000



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-40-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 40. Sunday Laws [Repealed]

§§ 11-40-1 to 11-40-4. Repealed by P.L. 2000, ch. 109, § 9, eff. July 7, 2000



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-40-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 40. Sunday Laws [Repealed]

§§ 11-40-1 to 11-40-4. Repealed by P.L. 2000, ch. 109, § 9, eff. July 7, 2000



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-1. Stealing as larceny


Every person who shall steal any money, goods, or chattels, or any note of the general treasurer of this state for the payment of money, any bank bill, any certificate of any bank or of any public officer or corporation securing the payment of money to any person or certifying it to be due, any certificate of stock in any corporation, any order entitling a person to money or other article, or any bill of exchange, bill of lading, railroad ticket, bond, warrant, obligation, bill, or promissory note for the payment of money, or other valuable property, or any record or paper belonging to any public officer, or any writ, warrant, or other legal process, or any book or part of one containing an account, any receipt for money or other article paid or delivered, any adjustment or document of any kind relating to the payment of money or delivery of any article, any indenture of apprenticeship, or any deed, covenant, indenture, or assurance whatsoever respecting any property, real or personal, shall be deemed guilty of larceny.


CREDIT(S)


Court & Practice Act (1905), § 1172; P.L. 1915, ch. 1258, § 10.


Codifications: G.L. 1896, ch. 279, § 11; G.L. 1909, ch. 345, § 11; G.L. 1923, ch. 397, § 11; G.L. 1938, ch. 608, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-2. Receiving stolen goods


Every person who shall fraudulently receive any stolen money, goods, securities, chattels, or other property, knowing it to be stolen, shall be deemed guilty of larceny, although the person who stole the property may not have been prosecuted or convicted for it. The possession of any stolen property shall be evidence of guilty knowledge by the person having possession that the property was stolen, unless the person shows that it was acquired in the due course of trade and for adequate consideration.


CREDIT(S)


Court & Practice Act (1905), § 1173; P.L. 1928, ch. 1208, § 1.


Codifications: G.L. 1896, ch. 279, § 13; G.L. 1909, ch. 345, § 13; G.L. 1923, ch. 397, § 13; G.L. 1938, ch. 608, § 13.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-3. Embezzlement and fraudulent conversion


Every official of a financial institution and every officer, agent, clerk, servant, or other person to whom any money or other property shall be entrusted for any specific purpose, and every person acting as executor, administrator, conservator, guardian, receiver, assignee, custodian, or trustee appointed by order, decree or judgment of court, or by deed, will or other instrument in writing, who shall embezzle or fraudulently convert to his or her own use, or who shall take or secrete, with intent to embezzle or fraudulently convert to his or her own use, any money or other property which shall have come into his or her possession or shall be under his or her care or charge by virtue of his or her employment or for that specific purpose or by virtue of his or her acting as executor, administrator, guardian, conservator, receiver, assignee, custodian, or trustee, and every person who shall collect or receive money or property from another for a commission to be retained out of the money or other property so collected or received, and who shall fraudulently retain out of that money or property so collected or received more than the amount of the commission, and shall embezzle or fraudulently convert it to his or her own use, or shall take or secrete it with intent to embezzle or fraudulently to convert the same to his or her own use, shall be deemed guilty of larceny and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property thus embezzled or converted, whichever is greater, or imprisoned not more than twenty (20) years, or both, except that if the sum or value of the property embezzled is less than one hundred dollars ($100), he or she shall be fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.


CREDIT(S)


Court & Practice Act (1905), § 1175; P.L. 1908, ch. 1521, § 1; P.L. 1915, ch. 1258, § 10; P.L. 1991, ch. 138, § 1.


Codifications: G.L. 1896, ch. 279, § 16; G.L. 1909, ch. 345, § 16; G.L. 1923, ch. 397, § 16; G.L. 1938, ch. 608, § 16.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-4. Obtaining property by false pretenses or personation


Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.


CREDIT(S)


Court & Practice Act (1905), § 1174; P.L. 1915, ch. 1258, § 10.


Codifications: G.L. 1896, ch. 279, §§ 14, 15; G.L. 1909, ch. 345, §§ 14, 15; G.L. 1923, ch. 397, § 15; G.L. 1938, ch. 608, § 15.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-4.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-4.1. Repealed



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-5. Penalties for larceny


(a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3, if the value of the property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert exceeds one thousand five hundred dollars ($1,500), or if the property is a firearm as defined in § 11-47-5.1, regardless of its value, shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value of the property or money does not exceed one thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to have knowingly obtained the property from a person under eighteen (18) years of age, notwithstanding the value of the property, shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.


(b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except § 11-41-3, which involves a victim who is a person sixty-five (65) years of age or older at the time of the offense and which involves property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), the person shall be punished by imprisonment for not less than one year but not more than five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.


CREDIT(S)


Court & Practice Act (1905), § 1175; P.L. 1908, ch. 1521, § 1; P.L. 1915, ch. 1258, § 10; P.L. 1979, ch. 224, § 1; P.L. 1980, ch. 318, § 1; P.L. 1984, ch. 278, § 1; P.L. 1985, ch. 287, § 1; P.L. 1987, ch. 90, § 1; P.L. 1988, ch. 271, § 1; P.L. 1991, ch. 38, § 1;P.L. 1993, ch. 324, § 1; P.L. 2012, ch. 137, § 1, eff. June 4, 2012; P.L. 2012, ch. 176, § 1, eff. June 8, 2012.


Codifications: G.L. 1896, ch. 279, § 11; G.L. 1909, ch. 345, § 16; G.L. 1923, ch. 397, § 18; G.L. 1938, ch. 608, § 18.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-6. Attempted larceny


Whoever attempts to commit larceny by doing any act toward the commission of the offense, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been inflicted if the attempted offense had been committed.


CREDIT(S)


P.L. 1923, ch. 480, § 1.


Codifications: G.L. 1923, ch. 402, § 4; G.L. 1938, ch. 608, § 11.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-7. Larceny from the person


Every person who shall steal or attempt to steal from the person of another any money, goods, chattels, or other article enumerated in § 11-41-1, shall be imprisoned not less than one year nor more than ten (10) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 12; G.L. 1909, ch. 345, § 12; G.L. 1923, ch. 397, § 12; G.L. 1938, ch. 608, § 12.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-8. Stealing of animals


Every person who shall steal or attempt to steal any horse or other domestic animal shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars ($500), or both; in case a fine is imposed, one-half ( 1/2) shall inure to the use of the complainant.


CREDIT(S)


P.L. 1908, ch. 1569, § 1; P.L. 1915, ch. 1258, § 13.


Codifications: G.L. 1896, ch. 279, § 68; G.L. 1909, ch. 345, § 71; G.L. 1923, ch. 397, § 71; G.L. 1938, ch. 608, § 78.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-9. Theft of poultry--Receiving stolen poultry


Every person who steals poultry from any building or enclosure in which poultry are kept or confined, or whoever shall receive poultry, knowing it to have been stolen, shall be punished by imprisonment for not more than one year or by fine of not more than five hundred dollars ($500), or by both. One-half ( 1/2) of any fine imposed under this section shall inure to the complainant.


CREDIT(S)


P.L. 1899, ch. 672, § 1; P.L. 1912, ch. 853, § 1; P.L. 1915, ch. 1258, § 11.


Codifications: G.L. 1909, ch. 345, § 26; G.L. 1923, ch. 397, § 26; G.L. 1938, ch. 608, § 26.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-10. Robbing of fish nets and weirs


Every person who shall rob or draw any fishpot, weir, or net belonging to any other person shall be fined not exceeding twenty dollars ($20.00).


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 25; G.L. 1909, ch. 345, § 25; G.L. 1923, ch. 397, § 25; G.L. 1938, ch. 608, § 25.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-11. Embezzlement by bank officer or employee


Every officer, agent, or servant of any bank, savings bank, or trust company who shall embezzle or appropriate to his or her own use any moneys, goods, effects, or funds of any bank, savings bank or trust company with intent to cheat or defraud it or any person, shall be deemed guilty of larceny, and shall be fined not exceeding twenty thousand dollars ($20,000) or be imprisoned for a term not exceeding twenty (20) years.


CREDIT(S)


P.L. 1908, ch. 1590, § 81.


Codifications: G.L. 1896, ch. 279, § 17; G.L. 1909, ch. 345, § 17; G.L. 1923, ch. 397, § 17; G.L. 1938, ch. 608, § 17.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-11.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-11.1. Unlawful appropriation


Any person to whom any money or other property of another shall be entrusted or delivered for a particular purpose, who shall intentionally appropriate to his or her own use that money or property, shall be deemed guilty of unlawful appropriation and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property thus appropriated, whichever is greater, or imprisoned not more than twenty (20) years, or both. However, if the sum or value of the property so appropriated is less than one thousand dollars ($1,000), he or she shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both.


CREDIT(S)


P.L. 1995, ch. 154, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-12. Fraudulent conversion by agent or factor


Every agent or factor who shall deposit or pledge any goods, wares, or merchandise or any bill of lading, receipt, or certificate of a warehouse keeper or inspector, or any warrant or order for the delivery of goods with which he or she shall have been entrusted, or which shall have been consigned to him or her as a security for any money or other property borrowed or received by the agent or factor, and shall apply or dispose of the proceeds to his or her own use, in violation of good faith, and with intent to defraud any owner of the goods, shall be deemed and taken to be guilty of a misdemeanor and shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding five (5) years.


CREDIT(S)


Codifications: G.L. 1896, ch. 279, § 21; G.L. 1909, ch. 345, § 21; G.L. 1923, ch. 397, § 21; G.L. 1938, ch. 608, § 21.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-13. Obtaining signature by false pretenses


Every person who, by any false pretense or pretenses, with intent to cheat or defraud, shall obtain the signature of any person to any written instrument, the false making of which would be punished as forgery, shall be punished by imprisonment for not more than five (5) years or by a fine of not more than one thousand dollars ($1,000), or both.


CREDIT(S)


P.L. 1915, ch. 1258, § 10.


Codifications: G.L. 1896, ch. 279, § 15; G.L. 1909, ch. 345, § 15; G.L. 1923, ch. 397, § 14; G.L. 1938, ch. 608, § 14.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-14. Failure to return book or other library property


(a) Any person who shall take or borrow any book or other library property from any of the libraries or collections as defined in § 11-44-15(b), and who, upon neglect to return it within the time required and specified in the bylaws, rules, or regulations of the library owning the property, after receiving notice in writing by the librarian or other proper custodian of the property that it is overdue, shall upon further neglect to return it within sixty (60) days from the date of the notice be guilty of a misdemeanor and shall be fined not more than twenty-five dollars ($25.00), the fine to be for the use of the library. A written or printed notice given personally or sent by mail to a last known or registered place of residence shall be considered a sufficient notice. In addition, if the book should be lost, destroyed, or not returned, the person shall within sixty (60) days after being so notified pay to the custodian the replacement value of the book, including all reasonable processing costs, as determined by the governing board having jurisdiction.


(b) All library users shall be notified of the penalties provided in subsection (a) of this section at the time they obtain or renew their library privileges. The final notice provided for in subsection (a) of this section shall also contain notice of the penalties.


CREDIT(S)


P.L. 1907, ch. 1463, § 2; P.L. 1983, ch. 296, §§ 1, 2; P.L. 1985, ch. 436, § 1.


Codifications: G.L. 1896, ch. 279, § 53; G.L. 1909, ch. 345, § 56; G.L. 1923, ch. 397, § 56; G.L. 1938, ch. 608, § 64.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-14.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-14.1. Concealment of book or other property while on premises of library--Removal of book or other property from library


(a) Whoever, without authority, with the intention of converting to his or her own or another's use, willfully conceals a book or other library property, while still on the premises of the library, or willfully or without authority removes any book or other library property from any of the libraries or collections set forth in § 11-44-15, shall be deemed guilty of larceny, and upon, conviction, shall be punished as provided by § 11-41-5 and shall be ordered to make restitution to the library in the full retail value of the books or library property.


(b) Any person reasonably believed to have committed or to be committing the crime set forth in subsection (a) of this section shall be subject to detention by a police officer in accordance with § 12-7-1.


(c) Any employee or agent of a library, eighteen (18) years of age or older, who observes any person willfully concealing or attempting to conceal books or other library property on his or her person or amongst his or her belongings or upon the person or amongst the belongings of another, and leaving the premises with the books or other library property without first having an employee or agent record the removal of the property, or injuring or destroying books and other library property as set forth in § 11-44-15, may stop the person. Immediately upon stopping the person the library employee shall identify himself or herself and state the reason for stopping the person. If after the initial confrontation with the person under suspicion, the library employee has reasonable grounds to believe that at the time stopped the person was committing or attempting to commit the crime of larceny as set forth in this section or the misdemeanor set forth in 11-44-15, the employee or agent may detain the person for a time sufficient to summon a police officer to the library. In no case shall the detention be for a period of more than one-half ( 1/2) hour. The detention must be accomplished in a reasonable manner without unreasonable restraints or excessive force, and may take place only on the premises of the library where the alleged crime occurred. Library premises includes the interior of a building, structure, or other enclosure in which a library facility is located, the exterior appurtenances to any building, structure, or enclosure, and the land on which the building, structure, or other enclosure is located. Any person so stopped by an employee or agent of a library shall promptly identify himself or herself by name and address. Once placed under detention, no other information shall be required of the person and no written and/or signed statement shall be elicited from him or her until a police officer has taken him or her into custody. The employee or agent may however examine, for the purposes of ascertaining whether any book or other library property has been properly checked out by the person, the property which the employee has reasonable grounds to believe were unlawfully taken in violation of this chapter or injured or destroyed in violation of chapter 44 of title 11. Should the person detained refuse to surrender the item for examination, a limited and reasonable search may be conducted. Only packages, shopping bags, handbags, or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched.


(d) For the purposes of this chapter, “reasonable grounds” includes knowledge that a person has concealed or injured a book or other library property while on the premises or is leaving the premises with the library property without having an employee of the library record the removal of the property from the premises.


(e) In detaining a person whom the employee or agent of the library has reasonable grounds to believe is committing the crime of larceny set forth in this chapter or the misdemeanor set forth in chapter 44 of title 11, the employee or agent may use a reasonable amount of non-deadly force when and only when that force is necessary to protect himself or herself or to prevent the escape of the person being detained or the loss of his or her property.


(f) In any civil action by a person detained under these sections against the library or employee or agent of the library so detaining him or her arising out of the detention, evidence that the defendant had reasonable grounds to believe that the plaintiff was at the time in question committing or attempting to commit the crime set forth in either section shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit the crime.


CREDIT(S)


P.L. 1983, ch. 296, § 2; P.L. 1985, ch. 436, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-15. Recovered stolen property


(a) The officer who shall apprehend any person as principal or accessory in any robbery or larceny shall secure the property alleged to be stolen and shall be answerable for the property, and shall annex a schedule of it to his or her return. Upon receipt of the property from the apprehending officer, the clerk or person in charge of the storage of alleged stolen property for a police department shall enter into a book a description of every article of property alleged to be stolen which was brought to the police department and shall attach a number to each article.


(b)(1) The clerk or person in charge of the storage of alleged stolen property may deliver the property to the owner of the property upon satisfactory proof of ownership, provided that the following steps are followed:


(i) A complete photographic record of the property is made;


(ii) The person from whom custody of the property was taken is served with a notice of the claim of ownership and is given a reasonable opportunity to be heard as to why the property should not be delivered to the person claiming ownership;


(iii) A signed declaration of ownership under penalty of perjury is obtained from the person to whom the property is delivered.


(2) The delivery of property to the owner shall be without prejudice to the state or any other person who may have a claim to the property. Any property subject to forfeiture under any provision of law shall not be returned pursuant to this section.


(c) Upon application to the superior court by the person from whom custody of the property was taken, a review of the determination of the clerk or the person in charge of the storage of alleged stolen property shall be made within thirty (30) days of the receipt of that application. The court shall have the power to order the property taken into the custody of the court upon a finding that the person to whom the property was delivered was not entitled to it.


(d) The clerk or person in charge of the storage of alleged stolen property shall not be liable for damages for any official act performed in good faith in the course of carrying out the provisions of this section.


(e) The photographic record of the alleged stolen property required by paragraph (b)(1)(i) of this section shall be allowed to be introduced as evidence in any court of this state in place of the actual alleged stolen property.


CREDIT(S)


P.L. 1976, ch. 170, § 1.


Codifications: G.L. 1896, ch. 279, § 26; G.L. 1909, ch. 345, § 27; G.L. 1923, ch. 397, § 27; G.L. 1938, ch. 608, § 27.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-16. Sale or concealment of property leased or purchased on conditional sale


Whoever, being in possession of personal property, other than wearing apparel, received upon a written and conditional contract of sale or acquired upon a written lease, or in which any person, firm, or corporation shall have a valid and perfected security interest in accordance with the provisions of title 6A, sells, conveys, conceals, or aids in concealing the property, or any part of it, or refuses to return the property with intent to defraud, before performance of the conditions precedent to acquiring its title, shall be guilty of larceny and be subject to the penalties set forth in § 11-41-5.


CREDIT(S)


P.L. 1926, ch. 828, § 1; P.L. 1975, ch. 173, § 1; P.L. 1984, ch. 249, § 1.


Codifications: G.L. 1923, ch. 401, § 58; G.L. 1938, ch. 612, § 55.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-16.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-16.1. Sale or concealment of leased personal property


(a) Any person being in possession of personal property under a lease who sells, transfers, conceals, or aids in concealing the property, or any part of it, or refuses to return the leased personal property after the time of expiration of the lease with the intent of depriving the owner of the property, shall be guilty of larceny and be subject to the penalties set forth in § 11-41-5.


(b) The use of a false or fictitious name or address in obtaining leased personal property shall constitute prima facie evidence of intent to violate this section.


(c) “Leased personal property”, as used in this section, means any personal property received pursuant to a written contract, by which one owning the property (lessor) grants to another (lessee) the right to possess, use, and enjoy the personal property for a specified period of time for a specified sum.


CREDIT(S)


P.L. 1984, ch. 249, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-17. Unauthorized transfer of vehicle sold on conditional sale


Every person who, with intent to place beyond the control of the vendor, any motor vehicle sold on condition that the title shall remain in the vendor after delivery, shall remove, conceal, or aid or abet the removal or concealment of the vehicle, and any vendee of a conditional sale who shall sell or convey the property without the consent of the vendor, and without informing the person to whom he or she sells or conveys that it is subject to the conditional sale, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500), or be imprisoned not more than one year, or both.


CREDIT(S)


P.L. 1926, ch. 803, § 1.


Codifications: G.L. 1938, ch. 608, § 79.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-18. Defacement or conversion of rental battery


Any person, other than the owner or the owner's duly authorized agent, who shall wrongfully or maliciously remove, deface, alter, or destroy, or cause to be removed, defaced, altered, or destroyed, the word “rental” printed, painted, stamped upon or attached to any electric storage battery, or who shall wrongfully sell, give, or attempt to sell or give to any person any electric storage battery so marked, or who shall, without the written consent of the owner, retain in his or her possession any electric storage battery so marked, with intent to wrongfully keep or dispose of the battery by sale or gift, shall be fined not more than one hundred dollars ($100).


CREDIT(S)


P.L. 1927, ch. 1041, § 1.


Codifications: G.L. 1923, ch. 397, § 75; G.L. 1938, ch. 608, § 82.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-19. Refusal to return rental battery


Every person having in his or her possession any electric storage battery, the property of another, who neglects or refuses for a period of fourteen (14) days after demand for it shall have been made to deliver it to its owner, shall be guilty of a misdemeanor and shall be fined not more than twenty dollars ($20.00), and shall be liable to the owner in an action of the case for the value of the electric storage battery at the time it was delivered to the person. Demand for the return of an electric storage battery shall be made in writing and shall be served upon the person upon whom demand is made by leaving it in his or her hands and possession or by sending it to him or her, postage fully prepaid, by registered or certified mail, to the address given by him or her at the time he or she received the battery.


CREDIT(S)


P.L. 1932, ch. 1882, § 1; P.L. 1956, ch. 3717, § 1.


Codifications: G.L. 1923, ch. 397, § 76; G.L. 1938, ch. 608, § 83.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-41-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

Chapter 41. Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-20. Shoplifting


(a) For the purpose of this section:


(1) “Conceal” means to place merchandise in such a manner that it is not visible through ordinary observation.


(2) “Full retail value” means the merchant's stated price of the merchandise.


(3) “Merchandise” means any items of tangible personal property offered for sale within a retail mercantile establishment.


(4) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, officer, or director of the owner or operator.


(5) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, and common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.


(6) “Retail mercantile establishment” means any place where