2008 -- H 7424 SUBSTITUTE A

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LC00389/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO CRIMINAL OFFENSES -- ENTICEMENT OF CHILDREN

     Introduced By: Representative Peter F. Kilmartin

     Date Introduced: February 12, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-26-1.5 of the General Laws in Chapter 11-26 entitled

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"Kidnapping" is hereby amended to read as follows:

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     11-26-1.5. Enticement of children. -- (a) A person shall be guilty of a misdemeanor

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felony if that person attempts to persuade, or persuades, whether by words or actions or both,

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with intent to engage in lewd, illicit, or criminal felonious conduct against a minor child under the

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age of sixteen (16) years to either:

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      (1) Leave the child's home or school;

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      (2) Enter a vehicle or building; or

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      (3) Enter a an structure or enclosed area, or alley, with the intent that the child shall be

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concealed from public view; while the person is acting without the authority of: (i) the custodial

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parent of the child, (ii) the state of Rhode Island or a political subdivision of the state, or (iii) one

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having legal custody of the minor child. Nothing contained in this section shall be construed to

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prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor

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child.

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      (b) Every person convicted of a violation of the provisions of this section shall be guilty

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of a felony, and shall be punished by imprisonment for not more than six (6) months, five (5)

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years, or by a fine of not more than one five thousand dollars ($1,000)($5,000), or by both fine

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and imprisonment. A person convicted of a second or subsequent time of violating the provisions

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of this section shall be guilty of a felony, and shall be punished by imprisonment for a period of

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not more than five (5) years.

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     (c) Every person convicted of, or placed on probation for a violation of this section, may

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be ordered to attend appropriate professional counseling to address his or her behavior.

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     SECTION 2. This act shall take effect upon passage.

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LC00389/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- ENTICEMENT OF CHILDREN

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     This act would increase the penalties for the enticement of children from a misdemeanor

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to a felony.

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     This act would take effect upon passage.

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LC00389/SUB A/2

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