2023 -- S 0370

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LC001474

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

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

AND MISAPPROPRIATION

     Introduced By: Senator Samuel W. Bell

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-41-5 and 11-41-20 of the General Laws in Chapter 11-41 entitled

"Theft, Embezzlement, False Pretenses, and Misappropriation" are 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,

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 is less than or equal to twenty-five dollars ($25.00), the person shall be

punished by up to twenty (20) hours of community service, as ordered by the court, or by a fine of

not more than fifty dollars ($50.00), or both; and

     (2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two

hundred fifty dollars ($250), for a first offense under this chapter, the person shall be punished by

up to twenty (20) hours of community service, as ordered by the court, or by a fine of not more

than fifty dollars ($50.00), or both; and

     (3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two

hundred fifty dollars ($250), for a second or subsequent offense under this chapter, the person shall

be punished by imprisonment for not more than three (3) months, or by a fine of not more than two

hundred fifty dollars ($250), or both; and

     (4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one

thousand dollars ($1,000), for a first offense under this chapter, the person shall be punished by

imprisonment for not more than three (3) months, or by a fine of not more than two hundred fifty

dollars ($250), or both; and

     (5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one

thousand dollars ($1,000), for a second or subsequent offense under this chapter, the person shall

be punished by imprisonment for not more than six (6) months, or by a fine of not more than two

hundred fifty dollars ($250), or both; and

     (6) If the value exceeds one thousand dollars ($1000), but is less than or equal to one

thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more

than three hundred sixty-four (364) days, or by a fine of not more than five hundred dollars ($500),

or both.

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

equal to five thousand dollars ($5,000), the person shall be punished 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)(8) If the value exceeds five thousand dollars ($5,000), but is less than or equal to ten

thousand dollars ($10,000), the person shall be punished 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)(9) 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) All monetary amounts with regard to the value of the item(s) stolen shall be increased

annually to reflect the rate of median income growth as adjusted by the percentage of change in

Rhode Island median household income. 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,

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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 any other penalties pursuant to this section, an elected official or candidate

for office convicted of violating § 11-41-1, § 11-41-2, § 11-41-3, or § 11-41-4 where the theft is a

campaign account created, pursuant to title 17, for the benefit of the person so convicted, all

restitution shall be deposited into the Rhode Island crime victim compensation program fund and

not into the campaign account of that person convicted of the offense.

     11-41-20. Shoplifting.

     (a) For the purpose of this section:

     (1) “Conceal” means to place merchandise in such a manner that it is not visible through

ordinary observation.

     (2) “Full retail value” means the merchant’s stated price of the merchandise.

     (3) “Merchandise” means any items of tangible personal property offered for sale within a

retail mercantile establishment.

     (4) “Merchant” means an owner or operator of any retail mercantile establishment or any

agent, employee, lessee, officer, or director of the owner or operator.

     (5) “Premises of a retail mercantile establishment” includes the retail mercantile

establishment, and common use areas in shopping centers, and all parking areas set aside by a

merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons

of the retail mercantile establishment.

     (6) “Retail mercantile establishment” means any place where merchandise is displayed,

held, stored or offered for sale to the public.

     (7) “Shopping cart” means those push carts of the type or types which are commonly

provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the

public in transporting commodities on or from the premises of the retail mercantile establishment.

     (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:

     (1) Take possession of, carry away, transfer or cause to be carried away or transferred any

merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with

the intention of depriving the merchant of all or any part of the full retail value of the merchandise;

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     (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other

markings which aid in determining value affixed to any merchandise displayed, held, stored or

offered for sale in a retail mercantile establishment and attempt to purchase or purchase the

merchandise personally or in consort with another at less than the full retail value with the intention

of depriving the merchant of all or any part of the full retail value of such merchandise;

     (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail

mercantile establishment from one container to another in an attempt to purchase or purchase the

merchandise personally or in consort with another at less than the full retail value with the intention

of depriving the merchant of all or any part of the full retail value of the merchandise; or

     (4) Remove a shopping cart from the premises of a retail mercantile establishment without

the consent of the merchant given at the time of the removal with the intention of depriving the

merchant of the possession, use, or benefit of the cart.

     (c) The fact that a person conceals upon his person, among his or her belongings, or upon

the person or among the belongings of another merchandise displayed, held, stored or offered for

sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and

the merchandise has been taken beyond the area within the retail mercantile establishment where

payment for it is to be made, shall be prima facie evidence that the person has possessed, carried

away, or transferred the merchandise with the intention of depriving the merchant of all or part of

the full retail value of the merchandise without paying the full retail value of the merchandise.

     (d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and

shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value

of the merchandise, whichever is greater, but not more than five hundred dollars ($500),; or by

imprisonment for not more than one year, or both; provided, any person convicted of the crime of

shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously

been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more

than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.

     (1) If the value does not exceed twenty-five dollars ($25.00), shall be punished by to up to

twenty (20) hours of community service, as ordered by the court; or

     (2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two

hundred fifty dollars ($250), for a first offense under this chapter, shall be punished by to up to

twenty (20) hours of community service, as ordered by the court; or

     (3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two

hundred fifty dollars ($250), for a second or subsequent offense under this chapter, shall be

punished by imprisonment for not more than three (3) months; or

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     (4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one

thousand dollars ($1000), for a first offense under this chapter, shall be punished by imprisonment

for not more than three (3) months; or

     (5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one

thousand dollars ($1000), for a second or subsequent offense under this chapter, shall be punished

by imprisonment for not more than six (6) months; or

     (e) No person shall be charged with the offense of shoplifting if they are charged with

another offense for the same act.

     (f) All monetary amounts with regard to the value of merchandise shall be increased

annually to reflect the rate of median income growth as adjusted by the percentage of change in

Rhode Island median household income.

     SECTION 2. Section 11-41-24 of the General Laws in Chapter 11-41 entitled "Theft,

Embezzlement, False Pretenses, and Misappropriation" is hereby repealed.

     11-41-24. Habitual offender.

     Any person who shall be convicted three (3) times for the crime of shoplifting as defined

in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2,

or who shall have been convicted three (3) times of any combination of the crimes described in this

section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less

than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned

not less than six (6) months nor more than one year.

     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

***

     This act would provide for tiered and reduced penalties for the offenses of larceny, and

shoplifting. This act would further provide that the offense of shoplifting, under two hundred fifty

dollars ($250), for a first offense, or under twenty-five dollars ($25.00), for a second or third

offense, would no longer be classified as a misdemeanor. This act would also repeal the habitual

offender mandatory minimum statute.

     This act would take effect upon passage.

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