2022 -- H 8230

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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 -- SEXUAL ASSAULT

     Introduced By: Representatives Casimiro, Marszalkowski, Place, Vella-Wilkinson,
Noret, McEntee, Costantino, Hawkins, Baginski, and Shanley

     Date Introduced: May 11, 2022

     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 ASSAULT

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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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