2022 -- H 7247

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LC003403

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES - HARASSMENT

     

     Introduced By: Representatives Knight, Cassar, Craven, Caldwell, McEntee, Kazarian,
Kislak, Noret, Felix, and Cortvriend

     Date Introduced: January 28, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 70

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HARASSMENT

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     11-70-1. Criminal harassment.

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     A person is guilty of criminal harassment if that person willfully and maliciously engages

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in a knowing pattern of conduct or series of acts over a period of time directed at a specific person,

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which seriously alarms that person and would cause a reasonable person to suffer substantial

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emotional distress. The conduct or acts described in this subsection shall include, but not be limited

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to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or

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electronic communication device including, but not limited to, any device that transfers signs,

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signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part

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by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not

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limited to, electronic mail, Internet communications, instant messages or facsimile

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communications.

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     11-70-2. Penalties for violations.

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     Any person convicted of criminal harassment as provided under this chapter shall be

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punished as follows:

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     (1) For a first offense shall be subject to imprisonment for not more than one year or by a

 

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fine of not more than five hundred dollars ($500), or both.

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     (2) For a second offense shall be subject to imprisonment for not more than three (3) years

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or by a fine of not more than one thousand dollars ($1,000), or both.

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     11-70-3. Protective orders -- Penalty -- Jurisdiction.

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     (a) A person suffering from harassment may file a complaint in the district court requesting

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any order that will protect him or her from the harassment, including, but not limited to, the

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following:

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     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

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molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere;

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     (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

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sole legal interest in the household; and

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     (3) Upon motion by the plaintiff, his or her address shall be released only at the discretion

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of the district court judge.

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     (b) Nothing in this section shall be construed to limit, expand, or in any way modify orders

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issued under § 12-29-4 or § 15-5-19.

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     (c) Nothing in this section shall limit a defendant's right under existing law to petition the

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court at a later date for modification of the order.

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     (d) The court shall immediately notify the person suffering from harassment whose

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complaint gave rise to the protective order and the law enforcement agency where the person

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restrained under this section resides of the hearing.

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     (e) The person suffering from harassment, local law enforcement, and the person restrained

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under this section shall all have an opportunity to be present and to testify when the court considers

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the petition.

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     (f) No order shall issue under this section that would have the effect of compelling a

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defendant who has the sole legal interest in a residence to vacate that residence.

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     (g) The contempt order shall not be exclusive and shall not preclude any other available

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civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to

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exceed one year, at the expiration of which time the court may extend any order upon motion of

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the plaintiff for such additional time as it deems necessary to protect the plaintiff from harassment.

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The court may modify its order at any time upon motion of either party.

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     (h) Any violation of a protective order under this section of which the defendant has actual

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notice shall be a misdemeanor that shall be punished by a fine of not more than one thousand dollars

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($1,000) or by imprisonment for not more than one year, or both.

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     (i) Actual notice" means that the defendant has received a copy of the order by service

 

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thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d).

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     (j) The district court shall have criminal jurisdiction over all violations of this chapter.

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     SECTION 2. 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.

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     (a) Whoever transmits any communication by computer or other electronic device to any

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person or causes any person to be contacted for the sole purpose of harassing that person or his or

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her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred

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dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section,

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

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

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of 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" means a pattern of conduct composed

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of a series of 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."

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

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a felony punishable by imprisonment for not more than two (2) three (3) years, by a fine of not

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more than six thousand dollars ($6,000) one thousand dollars ($1,000), or both.

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     SECTION 3. Sections 11-59-1 and 11-59-2 of the General Laws in Chapter 11-59 entitled

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"Stalking" are hereby amended to read as follows:

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     11-59-1. Definitions.

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     For the purpose of this chapter:

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     (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a

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period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

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included within the meaning of "course of conduct."

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     (2) "Harasses" means a knowing and willful course of conduct directed at a specific person

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with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate

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purpose. The course of conduct must be such as would cause a reasonable person to suffer

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substantial emotional distress, or be in fear of bodily injury.

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     11-59-2. Stalking prohibited.

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     (a) Any person who: (1) harasses another person; or (2) willfully, maliciously, and

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repeatedly follows another person with the intent to place that person in reasonable fear of bodily

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injury, is guilty of the crime of stalking.

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     (b) Stalking shall be deemed a felony punishable by imprisonment for not more than five

 

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

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     SECTION 4. 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 - HARASSMENT

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     This act would create a new criminal offense of harassment and allow victims to file for a

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protective order in district court.

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     This act would take effect upon passage.

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