2015 -- H 5467

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LC000973

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     

     Introduced By: Representatives Fogarty, Amore, Johnston, Hull, and Costa

     Date Introduced: February 12, 2015

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer

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Crime" is hereby amended to read as follows:

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     11-52-4.2. Cyberstalking and cyberharassment prohibited. -- (a) Whoever transmits

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any communication by computer or other electronic device to any person or causes any person to

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be contacted for the sole purpose of harassing that person or his or her family is guilty of a

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misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), by

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imprisonment for not more than one year, or both. For the purpose of this section, "harassing"

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means any knowing and willful course of conduct directed at a specific person which seriously

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alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of

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conduct must be of a kind that would cause a reasonable person to suffer substantial emotional

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distress, or be in fear of bodily injury. "Course of conduct" "Conduct" means a pattern of conduct

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composed of a series of a single act which causes a person to be repeatedly contacted by others or

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two (2) or more acts over a period of time, evidencing a continuity of purpose. Constitutionally

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protected activity is not included within the meaning of "course of conduct." "conduct."

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      (b) A second or subsequent conviction under subsection (a) of this section shall be

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deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not

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more than six thousand dollars ($6,000), or both.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

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     This act would provide that "conduct" for purposes of cyberstalking would be defined as

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"a single act which causes a person to be repeatedly contacted by others or two (2) or more acts

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over a period of time, evidencing a continuity of purpose.

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     This act would take effect upon passage.

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