Chapter 12-137

Chapter 137

2012 -- S 2368

Enacted 06/04/12

A N A C T

RELATING TO CRIMINAL OFFENSES -- COMMUNITY OBLIGATIONS AND BANKING OFFENSES --THEFT, EMBEZZLEMENT, FALSE PRETENSES, AND MISAPPROPRIATIONS

Introduced By: Senators Lynch, McCaffrey, DiPalma, Lanzi, and Perry

Date Introduced: February 14, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Section 11-41-5 of the General Laws in Chapter 11-41 entitled "Theft,

Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

11-41-5. Penalties for larceny. -- (a) Any person convicted of any offense under sections

11-41-1 -- 11-41-6, except section 11-41-3, if the value of the property or money stolen, received,

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert exceeds

~~five~~ ~~hundred dollars ($500)~~ one thousand five hundred dollars ($1,500), or if the property is a

firearm as defined in section 11-47-5.1, regardless of its value, shall be punished by

imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars

($5,000), or both. If the value of the property or money does not exceed ~~five hundred dollars~~

~~($500)~~ one thousand five hundred dollars ($1,500), the person shall be punished by imprisonment

for not more than one year, or by a fine of not more than five hundred dollars ($500), or both.

Any person convicted of an offense under section 11-41-2 who shall be found to have knowingly

obtained the property from a person under eighteen (18) years of age, notwithstanding the value

of the property, shall be punished by imprisonment for not more than ten (10) years or by a fine

of not more than five thousand dollars ($5,000), or both.

(b) Any person convicted of an offense in violation of sections 11-41-1 -- 11-41-7,

except section 11-41-3, which involves a victim who is a person sixty-five (65) years of age or

older at the time of the offense and which involves property or money stolen, received,

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a

value in excess of five hundred dollars ($500), shall be punished by imprisonment for not less

than two (2) years but not more than fifteen (15) years or by a fine of not more than five thousand

dollars ($5,000), or both. If the value of the property or money does not exceed five hundred

dollars ($500), the person shall be punished by imprisonment for not less than one year but not

more than five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.

SECTION 2. Sections 19-9-24 and 19-9-25 of the General Laws in Chapter 19-9 entitled

"Community Obligations and Banking Offenses" are hereby amended to read as follows:

19-9-24. Fraudulent checks -- Small amounts. -- (a) Any person who purchases any

goods, materials, or services, makes payment for that purchase by check, draft, or order for

payment of money, and takes possession of the goods or materials, or has the benefit of the

service, and who subsequently orders payment stopped on the check, draft, or order for payment,

or who, with intent to defraud, makes, draws, utters, or delivers any check, draft, or order for the

payment of money, in an amount not exceeding ~~one thousand dollars ($1,000)~~ one thousand five

hundred dollars ($1,500), upon any regulated institution or other depository, knowing at the time

of making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in, or

credit with, that regulated institution or other depository for the payment of that check, draft, or

order, in full, upon its presentation, shall, upon conviction, be fined not more than five hundred

dollars ($500) or be imprisoned not exceeding one year, or may be subjected to both fine and

imprisonment.

(b) With regard to the purchase of any goods or materials, it shall not be in violation of

this section if goods or materials are returned to the vendor within three (3) business days of the

filing of the stop payment order.

institution or other depository, for the payment of the check, draft, or order.

(d) Any person violating any of these provisions may be prosecuted and proceeded

against in any judicial district or in any county in which the offense was committed, or in which

the check, draft, or order was uttered or delivered.

19-9-25. Fraudulent checks -- Large amounts. -- (a) Any person who purchases any

goods, materials, or services, pays for that purchase by check, draft, or order for payment of

money, and takes possession of the item, and who subsequently orders payment stopped on the

check, draft, or order for payment, or who, with intent to defraud, makes, draws, utters, or

delivers any check, draft, or order for the payment of money, in an amount exceeding ~~one~~

~~thousand~~ ~~dollars ($1,000)~~ one thousand five hundred dollars ($1,500), upon any regulated

institution or other depository, knowing at the time of making, drawing, uttering, or delivering

that the maker or drawer has not sufficient funds in, or credit with, that regulated institution or

other depository for the payment of the check, draft, or order, in full, upon its presentation, shall,

upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned not more

than two (2) years, or may be subjected to both fine and imprisonment.

(b) With regard to the purchase of any goods or materials it shall not be in violation of

this section if goods or materials are returned to the vendor within three (3) business days of the

filing of the stop payment order.

institution or other depository for the payment of the check, draft, or order.

(d) Any person violating any of these provisions may be prosecuted and proceeded

against in any judicial district or in any county in which the offense was committed, or in which

the check, draft, or order was uttered or delivered.

SECTION 3. This act shall take effect upon passage.

=======

LC00338

=======