2012 -- H 8119

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LC02523

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Representative Doreen M. Costa

     Date Introduced: May 03, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 69

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CRIMINAL INTENT PROTECTION ACT

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     11-69-1. Title. – This chapter shall be known and may be cited as the “Criminal Intent

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Protection Act.”

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     11-69-2. Legislative findings. – The general assembly hereby intends to assure that

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citizens accused of a criminal act be found guilty of intentionally committing a crime by setting

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standards for proof of criminal intent in cases where a statute does not otherwise impose such

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standards. Too often overzealous prosecution can lead to a criminal conviction for what would

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better be classified as a mistake rather than a crime, and no citizen should be prosecuted for a

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crime that they did not intend to commit. We find that our judicial system provides alternate

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remedies for those wronged by the unintentional actions of others, and criminal prosecution

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should be reserved for those found to have had criminal intent.

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     11-69-3. Culpability requirements. – (a) The provisions of this section shall apply to

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any criminal offense.

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     (b) When the language defining a criminal offense does not specify the criminal intent

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required to establish an element of the offense, then such element shall be established only if a

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person acts:

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     (1) With the conscious object to engage in conduct of the nature constituting the element;

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     (2) With the conscious object to cause such a result required by the element;

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     (3) With an awareness of the existence of any attendant circumstances required by the

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element or with the belief or hope that such circumstances exist; and

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     (4) With either specific intent to violate the law or with knowledge that the person’s

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conduct is unlawful.

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     (c) When the language defining a criminal offense specifies the criminal intent required

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to establish commission of an offense without specifying the particular elements to which the

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criminal intent requirement applies, such criminal intent requirement shall apply to all elements

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of the offense, including jurisdictional elements.

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     11-69-4. Definitions – For the purposes of this section, the following definitions shall

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apply:

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     (1) “Criminal offense” means any portion of a statute, rule, or guidance that defines one

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or more elements of a violation of law that may be punished by a criminal penalty.

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     (2) “Penalty” means any criminal fine, criminal restitution, criminal forfeiture, term of

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imprisonment, confinement, probation, or debarment imposed upon a defendant by the authority

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of the law and the judgment and sentence of a court.

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     (3) “Person,” “he,” or “actor” means any natural person, corporation, or unincorporated

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association.

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     (4) “Rule” shall have the definition set forth in subdivision 42-35-1(8), and shall include

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any interpretive rule, guidance, or other agency publication that may have the effect of altering

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the scope of state criminal liability of any person or entity, but shall not include any order issued

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as part of an adjudication under the “Administrative Procedures Act,” chapter 42-35.

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     (5) “Guidance” means any guidance, interpretative statement, or binding enforcement

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policy issued by any agency.

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     (5) “Agency” shall have the definition set forth in subdivision 42-35-1(1).

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     (7) “Element” means such conduct, such attendant circumstances, or such a result of

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conduct as:

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     (i) Is included in the description of the prohibited conduct in the definition of the offense;

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or

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     (ii) Establishes the requisite kind of culpability; or

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     (iii) Negates an excuse or justification for such conduct; or

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     (iv) Negates a defense under the statute of limitations; or

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     (v) Establishes jurisdiction or venue.

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     11-69-5. Severability. – If any provision of this chapter or the application thereof to any

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person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of

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this chapter and the application of such provisions to other persons or circumstances shall not be

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affected thereby.

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     SECTION 2. This act shall take effect upon passage.

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LC02523

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES

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     This act would establish default rules of application to ensure that criminal intent (“mens

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rea”) requirements contained in the general laws are adequate to protect persons against unjust

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charges and convictions where the law has heretofore failed to clearly and expressly set forth the

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criminal intent requirements in the provision of law defining the offense.

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     This act would take effect upon passage.

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