2017 -- H 5004

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LC000160

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,

AND MISAPPROPRIATION

     Introduced By: Representative K. Joseph Shekarchi

     Date Introduced: January 05, 2017

     Referred To: House Judiciary

     (by request)

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,

if 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 exceeds one thousand five hundred dollars

($1,500), or if the property is a firearm as defined in § 11-47-5.1, regardless of its value, 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 of the property or money 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, 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, which 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) Any person convicted of an offense in violation of §11-41-1 which involves theft of

property or money with a value in excess of five hundred dollars ($500) from an unattached

building on the premises of a dwelling house, 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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,

AND MISAPPROPRIATION

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     This act would enhance the penalty for larceny of property or money with a value in

excess of five hundred dollars ($500) when committed from an unattached building on the

premises of a dwelling house.

     This act would take effect upon passage.

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