2026 -- S 2157 | |
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LC003515 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- LAW ENFORCEMENT SEXUAL MISCONDUCT | |
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Introduced By: Senators Bell, Ciccone, Urso, Bissaillon, Murray, Thompson, Gu, | |
Date Introduced: January 16, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 71 |
4 | LAW ENFORCEMENT SEXUAL MISCONDUCT |
5 | 11-71-1. Definitions. |
6 | The following words and phrases, when used in this chapter, have the following meanings: |
7 | (1) "Force or coercion" shall have the same meaning as in § 11-37-1. |
8 | (2) "Peace officer" shall have the same meaning as in § 12-7-21. |
9 | (3) “Sexual contact” shall have the same meeting as in § 11-37-1. |
10 | (4) “Sexual penetration” shall have the same meaning as in § 11-37-1. |
11 | 11-71-2. Law enforcement sexual penetration prohibited. |
12 | (a) A person is guilty of law enforcement sexual penetration if: |
13 | (1) He or she is a peace officer; and |
14 | (2) Engages in sexual penetration during the course of duty with another person who has |
15 | been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a |
16 | correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or |
17 | questioning. |
18 | (b) A person convicted of a violation of this chapter shall be punished by imprisonment for |
19 | a period not to exceed five (5) years. |
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1 | (c) It shall be an affirmative defense that the act of sexual penetration resulted from force |
2 | or coercion by the alleged victim or victims. |
3 | (d) Consent of the victim shall not be a defense to a prosecution under this section. |
4 | (e) Any sentence imposed under this chapter shall run concurrently with any other sentence |
5 | imposed for the same case. |
6 | 11-71-3. Law enforcement sexual contact prohibited. |
7 | (a) A person is guilty of law enforcement sexual contact if: |
8 | (1) He or she is a peace officer; and |
9 | (2) Engages in sexual contact during the course of duty with another person who has been |
10 | seized, is detained, has been placed in custody, has been placed under arrest, is confined in a |
11 | correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or |
12 | questioning. |
13 | (b) A person convicted of a violation of this chapter shall be punished by imprisonment for |
14 | a period not to exceed eighteen (18) months. |
15 | (c) It shall be an affirmative defense that the act of sexual contact resulted from force or |
16 | coercion by the alleged victim or victims. |
17 | (d) Consent of the victim shall not be a defense to a prosecution under this section. |
18 | (e) Any sentence imposed under this chapter shall run concurrently with any other sentence |
19 | imposed for the same case. |
20 | 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 -- LAW ENFORCEMENT SEXUAL MISCONDUCT | |
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1 | This act would make sexual contact or penetration between any law enforcement officer |
2 | that is on duty and a person that is a detainee, arrestee, in custody or a suspect during questioning, |
3 | a felony. |
4 | This act would take effect upon passage. |
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