2019 -- H 5817 SUBSTITUTE A

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LC001992/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULTS

     Introduced By: Representatives Marszalkowski, Casimiro, and Caldwell

     Date Introduced: March 07, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-37-6 of the General Laws in Chapter 11-37 entitled "Sexual

Assault" is hereby amended to read as follows:

     11-37-6. Third degree sexual assault.

     (a) Definitions. For purposes of this chapter, "position of authority" means and includes,

but is not limited to, any person who is acting in the place of a parent and charged with any of a

parent's rights, duties or responsibilities to a person under the age of eighteen (18) years, or a

person who is charged with any duty or responsibility for the health, welfare, or supervision of a

person under the age of eighteen (18) years, either independently or through another, no matter

how brief, at the time of the act.

     (b) A person is guilty of third degree sexual assault if:

     (1) he 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.; or

     (2) He or she is over the age of eighteen (18) years and engaged in sexual penetration or

sexual contact with another person over the age of fourteen (14) years and under the age of

eighteen (18) years, under circumstances whereby:

     (i) The accused has supervisory or disciplinary power over the victim by virtue of the

accused's legal, professional or occupational status; or

     (ii) The accused is otherwise acting in a position of authority with respect to the victim.

     (iii) It shall not be a violation of subsection (b)(2) of this section if the parties are:

     (A) Engaging in sexual penetration or contact consensually;

     (B) Between the ages of sixteen (16) and twenty (20) years; and

     (C) No more than thirty (30) months apart in age.

     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 -- SEXUAL ASSAULTS

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     This act would define any act of sexual penetration or contact perpetrated by an

individual with a position of authority upon a person over the age of fourteen (14) and under the

age of eighteen (18) as third degree sexual assault.

     This act would take effect upon passage.

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