2021 -- H 5390

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE

PRETENSES, AND MISAPPROPRIATION

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     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,

and § 11-41-35, shall be punished as follows, according to 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:

     (1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five

thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not

more than one thousand five hundred dollars ($1,500), or both;

     (2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand dollars

($10,000), by imprisonment for not more than six (6) years or by a fine of not more than three

thousand dollars ($3,000), or both; and

     (3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as

defined in § 11-47-5.1, regardless of its value, the person 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 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 or money, 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, that 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) In addition to the penalties in subsection (a) of this section, any person convicted of an

offense in violation of § 11-41-35, shall, if committing larceny while operating a motor vehicle,

that motor vehicle shall be subject to forfeiture, and the net proceeds from the sale of that motor

vehicle shall go to the Rhode Island Veterans Home Community Living Center.

     SECTION 2. Chapter 11-41 of the General Laws entitled "Theft, Embezzlement, False

Pretenses, and Misappropriation" is hereby amended by adding thereto the following section:

     11-41-35. Larceny of delivered packages.

     Every person that steals a package delivered by any government or private delivery service

from a home, office or other dwelling, shall be deemed guilty of larceny and subject to the penalties

of § 11-41-5.

     SECTION 3. 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 provides that any person convicted of larceny of a package delivered by any

government or private delivery service from a home, office or other dwelling, shall, if committing

larceny while operating a motor vehicle, that motor vehicle shall be subject to forfeiture and the

net proceeds from that motor vehicle shall go to the Rhode Island Veterans Home Community

Living Center.

     This act would take effect upon passage.

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