2014 -- H 7766

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LC004279

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES

     

     Introduced By: Representatives Mattiello, Silva, Johnston, O'Brien, and Ackerman

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual

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Offender Registration and Community Notification" is hereby amended to read as follows:

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     11-37.1-2. Definitions. -- (a) "Aggravated offense" means and includes offenses

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involving sexual penetration of victims of any age through the use of force or the threat of use of

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force or offenses involving sexual penetration of victims who are fourteen (14) years of age or

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under.

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      (b) "Board", "board of review", or "sex offender board of review" means the sex

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offender board of review appointed by governor pursuant to section 11-37.1-6.

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      (c) (1) "Conviction" or "convicted" means and includes any instance where:

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      (i) A judgment of conviction has been entered against any person for any offense

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specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

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      (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of

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this section, regardless of whether an appeal is pending; or

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      (iii) There has been a plea of guilty or nolo contendere for any offense specified in

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subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

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      (iv) There has been an admission of sufficient facts or a finding of delinquency for any

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offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is

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pending.

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      (2) Provided, in the event that a conviction, as defined in this subsection, has been

 

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overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

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no longer be required to register as required by this chapter and any records of a registration shall

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be destroyed. Provided, further that nothing in this section shall be construed to eliminate a

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registration requirement of a person who is again convicted of an offense for which registration is

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required by this chapter.

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      (d) [Deleted by P.L. 2003, ch. 162, section 1 and by P.L. 2003, ch. 170, section 1_.

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      (e) "Criminal offense against a victim who is a minor" means and includes any of the

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following offenses or any offense in another jurisdiction which is substantially the equivalent of

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the following or for which the person is or would be required to register under 42 U.S.C. section

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14071 or 18 U.S.C. section 4042(c):

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      (1) Kidnapping or false imprisonment of a minor, in violation of section 11-26-1.4, 11-

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26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under

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the age of eighteen (18) years;

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      (2) Enticement of a child in violation of section 11-26-1.5 with the intent to violate

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sections 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;

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      (3) Any violation of section 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

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      (4) Any violation of section 11-1-10, where the underlying offense is a violation of

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chapter 34 of this title and the victim or person solicited to commit the offense is under the age of

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eighteen (18) years;

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      (5) Any violation of section 11-9-1(b) or (c); or

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      (6) Any violation of section 11-9-1.3;

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     (7) Any violation of § 11-9-1.5;

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      (7)(8) Any violation of section 11-37.1-10;

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      (8)(9) Any violation of section 11-37-8.8;

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      (9)(10) Any violation of section 11-64-2 where the victim is under the age of eighteen

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(18) years; or

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      (10)(11) Murder in violation of section 11-23-1 where the murder was committed in the

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perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

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under eighteen (18) years of age.

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      (f) "Designated state law enforcement agency" means the attorney general or his or her

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designee.

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      (g) "Employed, carries on a vocation" means and includes the definition of "employed,

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carries on a vocation" under 42 U.S.C. section 14071.

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      (h) "Institutions of higher education" means any university, two (2) or four (4) year

 

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college or community college.

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      (i) "Mental abnormality" means a congenital or acquired condition of a person that

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affects the emotional or volitional capacity of the person in a manner that predisposes that person

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to the commission of criminal sexual acts to a degree that makes the person a menace to the

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health and safety of other persons.

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      (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger,

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or at a person with whom a relationship has been established or promoted for the primary purpose

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of victimization.

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      (k) "Sexually violent offense" means and includes any violation of section 11-37-2, 11-

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37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1 where the specified felony is sexual

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assault, or section 11-23-1 where the murder was committed in the perpetration of, or attempted

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perpetration of, rape or any degree of sexual assault or child molestation, or any offense in

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another jurisdiction which is substantially the equivalent of any offense listed in this subsection or

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for which the person is or would be required to register under 42 U.S.C. section 14071 or 18

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U.S.C. section 4042(c).

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      (l) "Sexually violent predator" means a person who has been convicted of a sexually

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violent offense and who has a mental abnormality or personality disorder that makes the person

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likely to engage in predatory sexually violent offenses.

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      (m) "Student" means and includes the definition of "student" under 42 U.S.C. section

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14071.

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      (n) "Parole board" means the parole board or its designee.

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     SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following section:

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     11-9-1.5. Electronically disseminating indecent material to minors prohibited. --

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(a) Definitions as used in this section:

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     (1) "Minor" means any person not having reached eighteen (18) years of age.

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     (2) "Computer" has the meaning given to that term in § 11-52-1.

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     (3) "Telecommunication device" means an analog or digital electronic device that

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processes data, telephony, video, or sound transmission as part of any system involved in the

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sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.

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     (4) "Indecent visual depiction" means any digital image or digital video depicting one or

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more persons engaging in sexually explicit conduct, and includes:

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     (i) Data stored on any computer, telecommunication device, or other electronic storage

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media that is capable of conversion into a visual image; or

 

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     (ii) Digital video depicting sexually explicit conduct transmitted live over a computer

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online service, Internet service, or local electronic bulletin board service.

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     (5) "Sexually explicit conduct" means actual:

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     (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or

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oral-anal, or lascivious sexual intercourse where the genitals or pubic area of any person is

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exhibited;

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     (ii) Bestiality;

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     (iii) Masturbation;

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     (iv) Sadistic or masochistic abuse; or

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     (v) Graphic or lascivious exhibition of the genitals or pubic area of any person.

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     (b) No person shall knowingly and intentionally use a computer or telecommunication

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device to transmit an indecent visual depiction to a person he or she knows is, or believes to be, a

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minor.

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     (c) No minor shall be charged under this section if his or her conduct falls within §11-9-

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1.4, "Minor Electronically Disseminating Indecent Material to Another Person - "Sexting"

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Prohibited."

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     (d) The fact that an undercover operative or law enforcement officer was involved in the

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detection and investigation of an offense under this section shall not constitute a defense to a

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prosecution under this section.

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     (e) Those in violation of this section shall be guilty of a felony and subject to

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imprisonment for not more than five (5) years, a fine of not more than five thousand dollars

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($5,000), or both.

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     (f) Those in violation of this section shall be subject to sex offender registration

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requirements set forth in §11-37.1-1 et seq., entitled "Sexual Offender Registration and

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Community Notification Act."

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     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

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     This act would make it a felony to knowingly disseminate the electronic transmission of

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indecent materials to minors and would subject those offenders to the Sexual Offender

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Registration and Community Notification Act.

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     This act would take effect upon passage.

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