CHAPTER 183
2002-S 2935A
Enacted 06/25/2002


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RELATING TO CRIMINAL OFFENSES

 

Introduced By: Senators Blais, Raptakis, Parella, Breene, and Roberts

 

Date Introduced: April 09, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Sections 11-59-1 and 11-59-2 of the General Laws in Chapter 11-59 entitled "Stalking" are hereby amended to read as follows:

11-59-1. Definitions. -- As used in this chapter:

(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

(2) "Harasses" means following a knowing and willful course of conduct directed at a specific person which with the intent to seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.

11-59-2. Stalking prohibited. -- (a) Any person who: harasses another person; or willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking. , punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars ($1,000), or both.

(b) A second or subsequent conviction Stalking is deemed a felony, punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

SECTION 2. Section 11-59-3 of the General Laws in Chapter 11-59 entitled "Stalking" is hereby repealed.

11-59-3. Violation of restraining order. -- Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime of stalking as set forth in section 11-59-2 for actions against the person protected by the court order or injunction, he or she is guilty of a felony which shall be punishable by imprisonment for not more than two (2) years or by a fine of not more than six thousand dollars ($6,000), or both.

SECTION 3. This act shall take effect upon passage.

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