Chapter 336
2004 -- H 8296
Enacted 07/03/04
A N A C T
RELATING
TO CRIMINAL OFFENSES
Introduced
By: Representatives Anguilla, Fox, Crowley, Ajello, and Dennigan
Date
Introduced: March 17, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Section 11-11-6 of the General Laws in Chapter 11-11 entitled
"Disorderly
Conduct"
is hereby repealed.
11-11-6.
Blasphemy. -- Every person who shall commit blasphemy shall be
imprisoned
not
exceeding two (2) months or be fined not exceeding two hundred dollars ($200).
SECTION
2. Section 11-14-3 of the General Laws in Chapter 11-14 entitled "False
Personation"
is hereby repealed.
11-14-3.
Unauthorized military uniforms. -- It shall be unlawful for any
person, not
being
in the military or naval service of the United States or of this state, to
appear in public
wearing
the distinctive uniform, or any distinctive part of a uniform, of any branch of
service
except
as provided in this section. Every person who shall violate the provisions of
this section
shall
be fined not less than twenty-five dollars ($25.00) nor more than one hundred
dollars
($100);
provided, that this prohibition and penalty shall not apply to any person, in
the service of
the
United States or of this state, wearing a required uniform or permitted by or
in pursuance of
law,
similar in design to that of any of the bodies previously enumerated in this
section; or to any
person
discharged from service, for any cause other than his or her own unworthiness,
wearing
his
or her uniform in order to take part in any military or naval parade or on any
similar occasion;
or
to any enlisted person in the military or naval service of the United States,
discharged for any
cause
other than his or her own unworthiness, wearing the uniform of his or her last
rating, until
four
(4) months after the date of discharge; and provided, further, that this
section shall not be
construed
to impair or affect the rights of regularly chartered military companies, or
other
organizations,
which already have the right to parade with arms or with sidearms by the laws
of
this
state, to wear any uniforms that they are now required by their regulations to
wear; and
provided,
further, that the secretary of state may, in his or her discretion, grant a
written
permission
to the proprietor of any reputable place of public amusement or entertainment,
allowing
the members performing in that place to wear uniforms for stated periods and
under any
restrictions
that the secretary of state may from time to time prescribe, which permission
may be
withdrawn
at any time if the secretary of state shall deem that action expedient.
SECTION
3. Sections 11-15-2, 11-15-3 and 11-15-6 of the General Laws in Chapter 11-
15
entitled "Flags and Emblems" are hereby repealed.
11-15-2.
Disfigurement, use in labels, mutilation, or contempt of American flag. --
Any
person who in any manner, for exhibition or display, shall place or cause to be
placed any
word,
figure, mark, picture, design, drawing, or advertisement of any nature upon any
flag,
standard,
color, or ensign of the United States of America, or shall expose or cause to
be exposed
to
public view any such flag, standard, color, or ensign upon which shall be
printed, painted or
otherwise
placed, or to which shall be attached, appended, affixed, or annexed, any word,
figure,
mark,
picture, design, or drawing, or any advertisement of any nature, or who shall
expose to
public
view, manufacture, sell, expose for sale, give away, or have in possession for
sale or to
give
away, or for use for any purpose, any article or substance, being an article of
merchandise, or
a
receptacle of merchandise, upon which shall have been printed, painted,
attached or otherwise
placed
a representation of a flag, standard, color, or ensign of the United States, to
advertise, call
attention
to, mark, or distinguish the article or substance on which so placed, or who
shall
publicly
mutilate, deface, defile or defy, trample upon or cast contempt, either by
words or act,
upon
any such flag, standard, color, or ensign of the United States, shall be deemed
guilty of a
misdemeanor,
and shall be punished by a fine not exceeding one hundred dollars ($100), or by
imprisonment
for not more than thirty (30) days, or both, in the discretion of the court.
11-15-3.
Acts permitted by federal law exempt -- Other uses of flag exempt. --
The
provisions
of sections 11-15-1 and 11-15-2 shall not apply to any act permitted by the
statutes of
the
United States of America or by the United States army and navy regulations, nor
shall it be
construed
to apply to a newspaper, periodical, book, pamphlet, circular, certificate,
diploma,
warrant,
or commission of appointment to office, ornamental picture, articles of
jewelry, or
stationery
for use in correspondence, on any of which shall be printed, painted, or
placed, the
flag,
disconnected from any advertisement.
11-15-6.
Flags to be accompanied by American flag -- Subversive flags prohibited. --
No
flag shall be carried in any parade unless accompanied by the flag of the
United States; and no
flag,
banner, ensign, or sign, being in itself, or having upon it any inscription,
opposed to
organized
government, or which may be derogatory to morals, shall be carried in any
parade or
displayed
in a public manner within this state. Whoever violates any of the provisions of
this
section
shall be deemed guilty of a misdemeanor and shall be punished by a fine not
exceeding
one
hundred dollars ($100) or by imprisonment for not more than three (3) months.
SECTION
4. Sections 11-38-1, 11-38-2, 11-38-3 and 11-38-4 of the General Laws in
Chapter
11-38 entitled "Riotous Assembly" are hereby repealed.
11-38-1.
Proclamation commanding dispersal. -- (a) If any persons
numbering twelve
(12)
or more, being armed with clubs or other weapons, or if any number of persons
consisting of
thirty
(30) or more shall be unlawfully, routously, riotously, or tumultuously
assembled, any
justice
of the supreme or superior court or of a district court, justice of the peace,
sheriff, mayor,
deputy
sheriff, town sergeant, or constable shall, among the rioters or as near to
them as he or she
can
safely come, command silence while proclamation he or she is making and shall
openly make
proclamation
in substance as follows:
"By virtue of the laws of this state in relation to routs, riots, and
tumultuous assemblies, I
charge
and command all persons here assembled immediately to disperse and peaceably to
depart
to
their habitations or to their lawful business, upon the penalties inflicted by
law: God save the
state."
(b) Whenever in the opinion of the governor there is danger of persons
unlawfully,
routously,
riotously, or tumultuously assembling within the state, he or she may issue the
proclamation
to the people of the state, setting forth the danger and charging and
commanding all
persons
to desist and refrain from routs, riots, and tumultuous assemblies; and he or
she may at
the
time in his or her discretion issue the proclamation, charging and commanding
all persons
unlawfully,
routously, riotously, or tumultuously assembled, immediately to disperse and
peaceably
to depart to their habitations, upon the penalties inflicted by the laws of the
state;
which
proclamations shall be by the secretary of state published in some newspaper in
every
town,
city or county where the proclamation is intended to operate.
11-38-2.
Arrest of persons refusing to disperse. -- If any persons shall
assemble as
stated
in section 11-38-1 after publication of proclamation by the governor, or, being
so
assembled,
shall refuse to obey the proclamation, or, after the making of proclamation by
any of
the
officers enumerated in section 11-38-1, shall not immediately disperse
themselves, every
officer
may command sufficient aid and seize, arrest, and secure in custody any or all
those
persons,
so that they may be proceeded against according to law, and if any persons
shall be
killed
or wounded by reason of their resisting the persons endeavoring to disperse or
seize them,
the
justice, sheriff, mayor, deputy sheriff, town sergeant, constable, and their
assistants shall be
indemnified
and held guiltless.
11-38-3.
Refusal to assist in dispersal of assembly. -- Every person who,
being
commanded
by the justice, sheriff, deputy sheriff, mayor, city or town sergeant, or
constable,
shall
refuse or neglect to afford the assistance required, shall be fined not less
than seven dollars
($7.00)
nor more than thirty dollars ($30.00).
11-38-4.
Riots continuing after proclamation. -- All persons who, after
proclamation
has
been made, shall unlawfully, routously, riotously, and tumultuously continue
together, or
shall
willfully obstruct or hinder any officer, who shall be known or shall openly
declare himself
or
herself to be an officer, from making the proclamation, shall be fined not
exceeding one
thousand
dollars ($1,000) or shall be imprisoned not exceeding one year; and if any
persons, so
riotously
assembled, shall demolish or pull down or begin to demolish or pull down any
dwelling
house
or other building, ship or vessel, or destroy any other property or thing, they
shall be fined
or
imprisoned as provided in this section.
SECTION
5. Sections 11-43-4, 11-43-5, 11-43-6, 11-43-11, 11-43-12, 11-43-13 and 11-
43-14
of the General Laws in Chapter 11-43 entitled "Treason and Related
Offenses" are hereby
repealed.
11-43-4.
Illegal town meetings. -- All town meetings of the free-persons,
inhabitants, or
residents
of this state, or of any portion of the state, for the election of any town,
city, ward,
county,
or state officers, called or held in any town or city in this state, except in
the manner, for
the
purposes, at the times, and by the persons prescribed by law, are illegal and
void, and every
person
who shall act as moderator, warden, or clerk in pretended meetings to be held,
or in any
manner
receive, record, or certify votes for the election of any pretended town, city,
ward, county,
or
state officers, shall be deemed guilty of a misdemeanor and shall be fined not
exceeding one
thousand
dollars ($1,000) nor less than five hundred dollars ($500) and be imprisoned
for a term
of
six (6) months; provided, that this section is not intended to apply to cases
in which, by
accident
or mistake, some prescribed forms of calling town and ward meetings of the
electors of
the
several towns and cities of this state shall be omitted or overlooked.
11-43-5.
Dispersal of illegal assemblies purporting to exercise governmental powers.
-- Any meetings that are
described in section 11-43-4 and also all meetings of persons other than
those
authorized by law, calling themselves when collected or claiming to be the
general
assembly
of this state or either house, are declared to be riotous, tumultuous, and
treasonable
assemblies,
and the commander-in-chief, the sheriff of any county or any deputy sheriff,
any
justice
of the supreme or superior court, or the mayors of the several cities or, in
their absence,
the
city councils of the cities, are authorized and required to command those
assemblies or any of
them
to disperse, and if they do not immediately obey the command, then, by the
civil posse, or,
if
they deem it necessary, by calling out and using for that purpose the whole or
any portion of the
military
force of this state within their respective jurisdictions that they or either
of them may
deem
sufficient for it, to disperse the assemblies or any of them within their
jurisdictions, and all
officers,
civil and military, and persons under their command, are directed to govern
themselves
accordingly.
11-43-6.
Acceptance of office by virtue of pretended election. -- Every
person who
shall
in any manner signify that he or she will accept any legislative, executive,
judicial, or
ministerial
office, by virtue of any pretended election in any pretended town, ward, or
other
meetings,
or shall knowingly suffer or permit his or her name to be used as a candidate,
shall be
adjudged
guilty of a high crime and misdemeanor and be fined not exceeding two thousand
dollars
($2,000) and be imprisoned for the term of one year.
11-43-11.
Advocating forcible overthrow of government. -- Any person who
shall
willfully
speak, utter, print, write, or publish any language intended to incite,
provoke, or
encourage
forceful resistance to the state of Rhode Island or to the United States of
America, or a
defiance
or disregard of the constitution or laws of Rhode Island or of the United
States, or shall
advocate
any change, alteration, or modification in the form of government of Rhode
Island or of
the
United States except in the manner provided by the constitution or the laws of
the state of
Rhode
Island or by the Constitution or the laws of the United States, or shall
advocate any change
in
the form of government of the state of Rhode Island or of the United States by
means of
revolution
or violence, or shall advocate the assassination of persons occupying public
positions
or
offices created by the constitution and laws of the state of Rhode Island or of
the United States,
or
shall advocate, incite, provoke, or encourage the destruction, burning, blowing
up, or
damaging
of any public or private property as a part or incident of a program of force,
violence,
or
revolution, having for its purpose the overthrow of the form of government of
the state of
Rhode
Island or of the United States, or shall willfully publicly display any flag or
emblem,
except
the flag of the United States, as symbolic or emblematic of the government of
the United
States
or of a form of government proposed by its adherents or supporters as superior
or
preferable
to the form of government of the United States as prescribed by the
Constitution of the
United
States, shall be guilty of a felony and, upon conviction, be punished by a fine
of not more
than
ten thousand dollars ($10,000), or imprisonment not exceeding ten (10) years,
or both.
11-43-12.
Advocating anarchy or unlawful destruction of property. -- Any
person
who
shall willfully teach or advocate anarchy or the overthrow by force or violence
of the
government
of the state of Rhode Island or of the United States, or of all forms of law,
or
opposition
to organized government, or any person who shall willfully become a member of
or
affiliated
with any organization teaching and advocating disbelief in or opposition to
organized
government,
or advocating or teaching the duty, necessity, or propriety of the unlawful
assaulting
or
killing of any officer or officers, either of specific individuals or of
officers generally of the
government
of the state of Rhode Island or of the United States, or of any organized
government
because
of his, her, or their official character, or advocating or teaching the
unlawful destruction
of
property, shall be guilty of a felony and, upon conviction, shall be punished
by a fine of not
more
than ten thousand dollars ($10,000), or imprisonment not exceeding ten (10)
years, or both.
11-43-13.
Conspiracy to advocate anarchy or overthrow of government. -- If
two (2)
or
more persons conspire to violate any of the provisions of sections 11-43-11 and
11-43-12 and
one
or more of those persons does any act to effect the object of the conspiracy,
each of the
parties
to the conspiracy shall be guilty of a felony and, upon conviction, shall be
punished by a
fine
of not more than ten thousand dollars ($10,000), or imprisonment not exceeding
ten (10)
years,
or both.
11-43-14.
Meetings to discuss anarchy or overthrow of government. -- Any
meeting
at
which any of the things forbidden in sections 11-43-11 and 11-43-12 are
advocated, taught or
discussed,
or any meeting called for the purpose of advocating, teaching, or discussing
any of the
things
forbidden by sections 11-43-11 and 11-43-12, is declared to be an unlawful
assembly, and
may
be dispersed in the manner provided for dispersing of riotous, tumultuous, and
treasonable
assemblies
in section 11-43-5.
SECTION
6. This act shall take effect upon passage.
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LC02811
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