CHAPTER 83

96-S 2492 am

Approved Jul. 3, 1996.

AN ACT RELATING TO THREATS AND EXTORTION

It is enacted by the General Assembly as follows:

SECTION 1. Section 11-42-4 of the General Laws in Chapter 11-42 entitled "Threats and Extortion" is hereby amended to read as follows:

11-42-4. Threats to public officials. -- Whenever a public official is threatened with bodily harm or death as a result of the lawful performance of his or her official duties, the person so threatening the public official shall be guilty of a felony and shall be imprisoned for not more than five (5) years or fined not more than five thousand dollars ($5,000), or both. "Public official," as used in this section shall mean judges and elected officials of federal, state, and local government. {ADD (a) Whoever knowingly and willfully delivers or conveys, directly or indirectly, a verbal or written threat to take the life of, or to inflict bodily harm upon, a public official or a member of his or her immediate family because of the performance or nonperformance of some public duty, because of hostility of the person making the threat toward the status or position of the public official, or because of some other factor related to the official's public existence shall be guilty of a felony and shall be imprisoned for not more than five (5) years or fined not more than five thousand dollars ($5,000) or both.

(b) For purposes of this section: (1) "public official" means a person who is elected to office in accordance with the constitution, a statute, or a city or town charter, or who is a judge, assistant attorney general, special assistant attorney general or law enforcement officer, or in the case of an elective office any person who has filed the required documents for nomination or election to such office or who is appointed by the governor to serve as the director or his/her designee of a state department which is established, and the qualifications and duties of which are prescribed by statute to discharge a public dity for the state of Rhode Island; (2) "immediate family" shall mean a public official's spouse, child, or children. ADD}

SECTION 2. This act shall take effect upon passage.