2013 -- H 5975

=======

LC02330

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT

     Introduced By: Representatives Malik, Corvese, Azzinaro, and McNamara

     Date Introduced: April 10, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-37-4 of the General Laws in Chapter 11-37 entitled "Sexual

1-2

Assault" is hereby amended to read as follows:

1-3

     11-37-4. Second degree sexual assault. -- A person is guilty of a second degree sexual

1-4

assault if he or she engages in sexual contact with another person and if any of the following

1-5

circumstances exist:

1-6

      (1) The accused knows or has reason to know that the victim is mentally incapacitated,

1-7

mentally disabled or physically helpless.

1-8

      (2) The accused uses force, element of surprise, or coercion.

1-9

      (3) The accused engages in the medical treatment or examination of the victim for the

1-10

purpose of sexual arousal, gratification or stimulation.

1-11

     SECTION 2. This act shall take effect upon passage.

=======

LC02330

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT

***

2-1

     This act would prohibit sexual contact accomplished by the element of surprise.

2-2

     This act would take effect upon passage.

=======

LC02330

=======