| Chapter 354 |
| 2017 -- S 0011 SUBSTITUTE B Enacted 09/28/2017 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- GENERAL PROVISIONS |
| Introduced By: Senators McCaffrey, Conley, Lombardi, Lynch Prata, and Coyne |
| Date Introduced: January 11, 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. |
| ======== |
| LC000234/SUB B/2 |
| ======== |