Chapter 344 |
2017 -- H 5115 SUBSTITUTE A Enacted 09/28/2017 |
A N A C T |
RELATING TO CRIMINAL OFFENSES -- GENERAL PROVISIONS |
Introduced By: Representatives Ajello, Regunberg, Knight, Blazejewski, and Craven |
Date Introduced: January 13, 2017 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 11-5-2 of the General Laws in Chapter 11-5 entitled "Assaults" is |
hereby amended to read as follows: |
11-5-2. Felony assault. |
(a) Every person who shall make an assault or battery, or both, with a dangerous weapon, |
or with acid or other dangerous substance, or by fire, or an assault or battery which that results in |
serious bodily injury, shall be guilty of a felony assault. If such assault results in serious bodily |
injury, it shall be punished by imprisonment for not more than twenty (20) years. Every other |
felony assault which results in bodily injury or no injury shall be punished by imprisonment for |
not more than six (6) years. |
(b) 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 § 12-29-5. |
(c) "Serious bodily injury" means physical injury that: |
(1) Creates a substantial risk of death; |
(2) Causes protracted loss or impairment of the function of any bodily part, member, or |
organ; or |
(3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the |
whole or any part of the labia majora or labia minora or clitoris of a person. |
(d) "Bodily injury" means physical injury that causes physical pain, illness, or any |
impairment of physical condition. |
SECTION 2. 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 §§ 11-41-1 -- 11-41-6, except § 11-41-3, |
if shall be punished as follows, according to 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: |
(1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five |
thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not |
more than one thousand five hundred dollars ($1,500), or both; |
(2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand |
dollars ($10,000), by imprisonment for not more than six (6) years or by a fine of not more than |
three thousand dollars ($3,000), or both; and |
(3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as |
defined in § 11-47-5.1, regardless of its value, the person 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 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 § 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 or money, 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 §§ 11-41-1 -- 11-41-7, except § |
11-41-3, which that 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 3. This act shall take effect upon passage and applies to offenses committed |
on or after the effective date. |
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LC000553/SUB A/2 |
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