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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