Chapter 04-202
2004 -- S 2902
SUBSTITUTE A
Enacted 06/29/04
A N A C T
RELATING
TO CRIMINAL OFFENSES
Introduced
By: Senators DaPonte, Tassoni, McCaffrey, Ruggerio, and Damiani
Date
Introduced: February 11, 2004
It is
enacted by the General Assembly as follows:
SECTION
1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled
"Disorderly
Conduct"
is hereby amended to read as follows:
11-45-1.
Disorderly conduct. -- (a) A person commits disorderly conduct if he or
she
intentionally,
knowingly, or recklessly:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior;
(2) In a public place or near a private residence that he or she has no right
to occupy,
disturbs
another person by making loud and unreasonable noise which under the
circumstances
would
disturb a person of average sensibilities;
(3) Directs at another person in a public place offensive words which are
likely to
provoke
a violent reaction on the part of the average person so addressed;
(4) Alone or with others, obstructs a highway, street, sidewalk, railway,
waterway,
building
entrance, elevator, aisle, stairway, or hallway to which the public or a
substantial group
of
the public has access or any other place ordinarily used for the passage of
persons, vehicles, or
conveyances;
(5) Engages in conduct which obstructs or interferes physically with a lawful
meeting,
procession,
or gathering;
(6) (i) Enters upon the property of another and for a lascivious purpose
looks into an
occupied
dwelling or other building on the property through a window or other opening;
or
(ii)
For a lascivious purpose looks into an occupied dwelling or other building by
use of a
computer,
wire, camera or any video imaging system that provides images of the interior
of that
dwelling;
or
(7) Exposes his or her genitals to the view of others under circumstances in
which his or
her conduct
is likely to cause affront, distress, or alarm to the other persons.
(b) Any person, including a police officer, may be a complainant for the
purposes of
instituting
action for any violation of this section.
(c) Any person found guilty of the crime of disorderly conduct shall be
imprisoned for a
term
of not more than six (6) months, or fined not more than five hundred dollars
($500), or both.
(d) Where the provisions of "The Domestic Violence Prevention Act",
chapter 29 of title
12,
are applicable, the penalties for violation of this section shall also include
the penalties as
provided
in section 12-29-5.
(e) In no event shall subdivisions (a)(2) -- (5) of this section be construed
to prevent
lawful
picketing or lawful demonstrations including, but not limited to, those
relating to a labor
dispute.
(f) In no event shall the provisions of this section be construed to apply to
breast feeding
in
public.
SECTION
2. Title 11 of the General Laws entitled "Criminal Offenses" is
hereby
amended
by adding thereto the following chapter:
CHAPTER
64
ELECTRONIC
IMAGING DEVICES
11-64-1.
Definitions. – (1) For the purposes of this section the following
definitions
apply:
(a)
"Disseminate" means to make available by any means to any person.
(b)
"Imaging Device" means any electronic instrument capable of
capturing, recording,
storing
or transmitting visual images.
(c)
"Intimate areas" means the naked or undergarment clad genitals, pubic
area, buttocks,
or
any portion of the female breast below the top of the areola of a person which
the person
intended
to be protected from public view.
(d)
"Legal entity" means any partnership, firm, association, corporation
or any agent or
servant
thereof.
(e)
"Publish" means to:
(i)
disseminate with the intent that such image or images be made available by any
means
to
any person or other legal entity;
(ii)
disseminate with the intent such images be sold by another person or legal
entity;
(iii)
post, present, display, exhibit, circulate, advertise or allow access by any
means, so
as
to make an image or images available to the public; or
(iv)
disseminate with the intent that an image or images be posted, presented,
displayed,
exhibited,
circulated, advertised or made accessible by any means, and to make such images
available
to the public.
(f)
"Sell" means to disseminate to another person, or to publish, in
exchange for
something
of value.
11-64-2.
Video voyeurism. – (1) A person is guilty of video voyeurism when,
for the
purpose
of sexual arousal, gratification or stimulation, such person:
(a)
uses, installs or permits the use or installation of an imaging device to
capture, record,
store
or transmit visual images of the intimate areas of another person without that
other person's
knowledge
and consent, and under circumstances in which that other person would have a
reasonable
expectation of privacy.
(b)
intentionally, and with knowledge that the image was obtained in violation of
subsection
(a), disseminates, publishes, or sells such image of the captured
representation of
another
person or persons depicted in the representation or reproduction, and who did
not consent
to
the dissemination, publication or sale.
(2)
A person is also guilty of video voyeurism when that person, for the purpose of
sexual
arousal,
gratification or stimulation, looks into an occupied dwelling or other building
by use of
an
imaging device that provides images of the interior of a dwelling.
(3)
A person found guilty of the crime of video voyeurism shall be imprisoned for
not
more
than three (3) years in jail and/or fined not more than five thousand dollars
($5000).
SECTION
3. This act shall take effect upon passage.
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LC02689/SUB
A
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