2012 -- S 2880

=======

LC02204

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Senators Walaska, and Shibley

     Date Introduced: April 12, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 69

1-4

CRIMINAL INTENT PROTECTION ACT

1-5

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

1-6

Protection Act.”

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

any criminal offense.

1-17

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

1-18

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

1-19

person acts:

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

conduct is unlawful.

2-26

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

2-27

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

2-28

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

2-29

of the offense, including jurisdictional elements.

2-30

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

2-31

apply:

2-32

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

2-33

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

2-34

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

2-35

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

2-36

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

2-37

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

2-38

association.

2-39

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

2-40

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

2-41

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

2-42

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

2-43

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

2-44

policy issued by any agency.

2-45

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

2-46

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

2-47

conduct as:

2-48

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

2-49

or

2-50

     (ii) Establishes the requisite kind of culpability; or

2-51

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

2-52

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

2-53

     (v) Establishes jurisdiction or venue.

3-54

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

3-55

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

3-56

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

3-57

affected thereby.

3-58

     SECTION 2. This act shall take effect upon passage.

=======

LC02204

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES

***

4-1

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

4-2

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

4-3

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

4-4

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

4-5

     This act would take effect upon passage.

=======

LC02204

=======