| Chapter 384 |
| 2021 -- S 0193 Enacted 07/13/2021 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES AND MISAPPROPRIATIONS |
Introduced By: Senators Coyne, DiPalma, Euer, Valverde, and Goldin |
| Date Introduced: February 05, 2021 |
| 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 §§ 11-41-1 -- 11-41-6, except § 11-41-3, |
| 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 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, 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. |
| (c) In addition to any other penalties pursuant to this section, an elected official or candidate |
| for office convicted of violating §§ 11-41-1, § 11-41-2, § 11-41-3 or § 11-41-4 where the theft is a |
| campaign account created, pursuant to title 17, for the benefit of the person so convicted, all |
| restitution shall be deposited into the Rhode Island crime victim compensation program fund and |
| not into the campaign account of that person convicted of the offense. |
| SECTION 2. Section 17-25-13 of the General Laws in Chapter 17-25 entitled "Rhode |
| Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows: |
| 17-25-13. Penalties. |
| (a) Any person who willfully and knowingly violates the provisions of this chapter shall, |
| upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand dollars |
| ($1,000) per violation. |
| (b) The state board may fine any person or entity who violates the provisions of this chapter |
| in an amount not more than one hundred dollars ($100) per violation. |
| (c) Fines, fees, and penalties imposed by the state board for violations of this chapter shall |
| be paid for by the candidate, officeholder, or entity against whose campaign the fines, fees, or |
| penalties have been levied. Fines, fees, and penalties levied by the state board pursuant to this |
| chapter shall not be paid for from contributions or funds available in a campaign account. |
| (d) An elected official or candidate for office convicted of violating §§ 11-41-1, § 11-41- |
| 2, § 11-41-3 or § 11-41-4 where the theft is from a campaign account created, pursuant to this title |
| 17, for the benefit of the person so convicted, all restitution shall be deposited into the Rhode Island |
| crime victim compensation program fund and not into the campaign account of that person |
| convicted of the offense. |
| SECTION 3. This act shall take effect upon passage. |
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| LC000741 |
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