2021 -- S 0257

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LC000281

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,

AND MISAPPROPRIATION

     

     Introduced By: Senators Bell, Mack, Mendes, Acosta, and DiMario

     Date Introduced: February 10, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-41-5 and 11-41-20 of the General Laws in Chapter 11-41 entitled

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"Theft, Embezzlement, False Pretenses, and Misappropriation" are hereby amended to read as

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follows:

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     11-41-5. Penalties for larceny.

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     (a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3,

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shall be punished as follows, according to the value of the property or money stolen, received,

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embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

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pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:

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     (1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five

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thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not

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more than one thousand five hundred dollars ($1,500), or both;

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     (2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand dollars

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($10,000), by imprisonment for not more than six (6) years or by a fine of not more than three

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thousand dollars ($3,000), or both; and

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     (3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as

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defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for

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not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

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If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be

 

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punished by imprisonment for not more than one year, or by a fine of not more than five hundred

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dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to

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have knowingly obtained the property from a person under eighteen (18) years of age,

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notwithstanding the value of the property or money, shall be punished by imprisonment for not

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more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.; and

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     (4) If the value exceeds one thousand dollars ($1000), and is less than one thousand five

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hundred dollars ($1,500), the person shall be punished by imprisonment for not more than one year,

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or by a fine of not more than five hundred dollars ($500), or both; and

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     (5) If the value exceeds two hundred fifty dollars ($250), and is less than one thousand

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dollars ($1,000), for a third offense under this chapter the person shall be punished by imprisonment

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for not more than one year, or by a fine of not more than two hundred fifty dollars ($250), or both;

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and

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     (6) If the value exceeds two hundred fifty dollars ($250), and is less than one thousand

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dollars ($1,000), for a second or subsequent offense under this chapter the person shall be punished

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by imprisonment for not more than six (6) months, or by a fine of not more than two hundred fifty

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dollars ($250), or both; and

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     (7) If the value exceeds two hundred fifty dollars ($250), and is less than one thousand

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dollars ($1,000), for a first offense under this chapter the person shall be punished by imprisonment

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for not more than three (3) months, or by a fine of not more than two hundred fifty dollars ($250),

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or both; and

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     (8) If the value exceeds twenty-five dollars ($25.00), and is less than two hundred fifty

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dollars ($250), for a second or subsequent offense under this chapter the person shall be punished

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by imprisonment for not more than three (3) months, or by a fine of not more than two hundred

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fifty dollars ($250), or both; and

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     (9) If the value exceeds twenty-five dollars ($25.00), and is less than two hundred fifty

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dollars ($250), for a first offense under this chapter the person shall be sentenced to complete up to

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twenty (20) hours of community service, as ordered by the court, or be punished by a fine of not

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more than fifty dollars ($50.00), or both; and

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     (10) If the value is less than twenty-five dollars ($25.00), the person shall be sentenced to

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complete up to twenty (20) hours of community service, as ordered by the court, or be punished by

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a fine of not more than fifty dollars ($50.00), or both.

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     (b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except § 11-

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41-3, that involves a victim who is a person sixty-five (65) years of age or older at the time of the

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offense and which involves property or money stolen, received, embezzled, fraudulently

 

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appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise

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with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five

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hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not

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more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both.

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If the value of the property or money does not exceed five hundred dollars ($500), the person shall

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be punished by imprisonment for not less than one year but not more than five (5) years or by a

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fine of not more than three thousand dollars ($3,000), or both.

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     (b) All monetary amounts with regard to the value of the item(s) stolen shall be increased

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annually to reflect the rate of inflation as adjusted by the percentage of increase in the consumer

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price index for all urban consumers (CPI-U) as published by the United States Department of Labor

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Statistics as of September 30 of the prior calendar year.

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     11-41-20. Shoplifting.

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     (a) For the purpose of this section:

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     (1) "Conceal" means to place merchandise in such a manner that it is not visible through

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ordinary observation.

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     (2) "Full retail value" means the merchant's stated price of the merchandise.

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     (3) "Merchandise" means any items of tangible personal property offered for sale within a

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retail mercantile establishment.

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     (4) "Merchant" means an owner or operator of any retail mercantile establishment or any

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agent, employee, lessee, officer, or director of the owner or operator.

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     (5) "Premises of a retail mercantile establishment" includes the retail mercantile

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establishment, and common use areas in shopping centers, and all parking areas set aside by a

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merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons

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of the retail mercantile establishment.

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     (6) "Retail mercantile establishment" means any place where merchandise is displayed,

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held, stored or offered for sale to the public.

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     (7) "Shopping cart" means those push carts of the type or types which are commonly

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provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the

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public in transporting commodities on or from the premises of the retail mercantile establishment.

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     (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:

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     (1) Take possession of, carry away, transfer or cause to be carried away or transferred any

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merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with

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the intention of depriving the merchant of all or any part of the full retail value of the merchandise;

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     (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other

 

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markings which aid in determining value affixed to any merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment and attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the intention

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of depriving the merchant of all or any part of the full retail value of such merchandise;

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     (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail

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mercantile establishment from one container to another in an attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the intention

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of depriving the merchant of all or any part of the full retail value of the merchandise; or

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     (4) Remove a shopping cart from the premises of a retail mercantile establishment without

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the consent of the merchant given at the time of the removal with the intention of depriving the

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merchant of the possession, use, or benefit of the cart.

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     (c) The fact that a person conceals upon his person, among his or her belongings, or upon

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the person or among the belongings of another merchandise displayed, held, stored or offered for

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sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and

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the merchandise has been taken beyond the area within the retail mercantile establishment where

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payment for it is to be made, shall be prima facie evidence that the person has possessed, carried

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away, or transferred the merchandise with the intention of depriving the merchant of all or part of

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the full retail value of the merchandise without paying the full retail value of the merchandise.

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     (d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and

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shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value

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of the merchandise, whichever is greater, but not more than five hundred dollars ($500), or by

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imprisonment for not more than one year, or both; provided, any person convicted of the crime of

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shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously

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been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more

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than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.:

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     (1) If the value does not exceed twenty-five dollars ($25.00), shall be sentenced to up to

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twenty (20) hours of community service, as ordered by the court; or

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     (2) If the value exceeds twenty-five dollars ($25.00), and is less than two hundred fifty

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dollars ($250), for a first offense under this chapter shall be sentenced to up to twenty (20) hours

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of community service, as ordered by the court; or

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     (3) If the value exceeds twenty-five dollars ($25.00), and is less than two hundred fifty

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dollars ($250), for a second or subsequent offense under this chapter shall be sentenced to

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imprisonment for not more than three (3) months; or

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     (4) If the value exceeds two hundred fifty dollars ($250), and is less than one thousand

 

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dollars ($1000), for a first offense under this chapter shall be sentenced to imprisonment for not

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more than three (3) months; or

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     (5) If the value exceeds two hundred fifty dollars ($250), and is less than one thousand

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dollars ($1000), for a second or subsequent offense under this chapter shall be sentenced to

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imprisonment for not more than six (6) months; or

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     (6) If the value exceeds one thousand dollars ($1000), shall be sentenced to imprisonment

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for not more than one year.

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     (e) No person shall be charged with the offense of shoplifting if they are charged with

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another offense for the same act.

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     (f) All monetary amounts with regard to the value of merchandise shall be increased

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annually to reflect the rate of inflation as adjusted by the percentage of increase in the consumer

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price index for all urban consumers (CPI-U) as published by the United States department of labor

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statistics as of September 30 of the prior calendar year.

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     SECTION 2. Section 11-41-24 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby repealed.

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     11-41-24. Habitual offender.

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     Any person who shall be convicted three (3) times for the crime of shoplifting as defined

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in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2,

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or who shall have been convicted three (3) times of any combination of the crimes described in this

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section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less

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than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned

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not less than six (6) months nor more than one year.

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     SECTION 3. 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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES,

AND MISAPPROPRIATION

***

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     This act would provide for a reduced penalty for the offense of larceny, and further provides

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for a tiered penalty system for the offense of shoplifting. This act further provides that the offense

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of shoplifting, under two hundred fifty dollars ($250), and first offense, or under twenty-five dollars

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($25.00), and second or third offense, is no longer classified as a misdemeanor. This act repeals the

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habitual offender mandatory minimum statute.

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     This act would take effect upon passage.

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LC000281

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