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2010 -- H 7183 | |
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LC00763 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2010 | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - ASSAULTS | |
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Introduced By: Representatives DaSilva, Kilmartin, Shallcross Smith, and Martin | |
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Date Introduced: January 21, 2010 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 11-5-2 of the General Laws in Chapter 11-5 entitled "Assaults" is |
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hereby amended to read as follows: |
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11-5-2. Felony assault. -- (a) Every person who shall make an assault or battery, or both, |
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with a dangerous weapon, or with acid or other dangerous substance, or by fire, or by choking or |
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strangling another regardless of the injury or an assault or battery which results in serious bodily |
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injury, shall be punished by imprisonment for not more than twenty (20) years. |
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(b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title |
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12, are applicable, the penalties for violation of this section shall also include the penalties as |
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provided in section 12-29-5. |
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(c) "Serious bodily injury" means physical injury that: |
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(1) Creates a substantial risk of death; |
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(2) Causes protracted loss or impairment of the function of any bodily part, member or |
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organ; or |
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(3) Causes serious permanent disfigurement or circumcises, excises or infibulates the |
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whole or any part of the labia majora or labia minora or clitoris of a person. |
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(4) Every person who shall choke or strangle another person around the neck, either |
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manually, or with any object or device, shall be deemed to have committed a felony assault as set |
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forth in this section, whether or not such act results in serious bodily injury. |
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SECTION 2. This act shall take effect upon passage. |
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LC00763 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - ASSAULTS | |
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This act would deem choking or strangling another person to be felony assault even if no |
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injury results. |
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This act would take effect upon passage. |
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LC00763 | |
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