2005 -- H 5642

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LC01449

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

     

     

     Introduced By: Representative Peter F. Kilmartin

     Date Introduced: February 16, 2005

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-45 of the General Laws entitled "Disorderly Conduct" is hereby

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amended by adding thereto the following section:

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     11-45-2. Indecent exposure -- Disorderly conduct. – (a) A person commits indecent

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exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation,

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such person intentionally, knowingly, or recklessly:

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     (1) Exposes his or her genitals to the view of another under circumstances in which his or

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her conduct is likely to cause affront, distress, or alarm to that person;

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     (b) Any person, including a police officer, may be a complainant for the purposes of

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instituting action for any violation of this section;

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     (c) Any person found guilty of, or pleads nolo contendere to the crime of indecent

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exposure/disorderly conduct, shall be imprisoned for a term of not more than one year, or fined

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not more than one thousand dollars ($1,000), or both;

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     (d) Counseling – Every person convicted of, or placed on probation for a violation of this

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section, may be ordered to attend appropriate professional counseling to address his or her

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behavior;

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     (e) Where the provisions of "The Domestic Violence Prevention Act", chapter 12-29 are

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applicable, the penalties for a violation of this section shall also include the penalties as provided

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in section 12-29-5;

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     (f) In no event shall the provisions of this section be construed to apply to breast feeding

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in public.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01449

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

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     This act would create the offense of indecent exposure/disorderly conduct, a

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misdemeanor offense punishable by imprisonment of not more than one year, or a fine of not

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more than one thousand dollars ($1,000).

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     This act would take effect upon passage.

     

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LC01449

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H5642