2015 -- S 0264

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LC000169

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CRIMINAL INTENT

     Introduced By: Senator William A. Walaska

     Date Introduced: February 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 69

THE CRIMINAL INTENT PROTECTION ACT

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

Protection Act."

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

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

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

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

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

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

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

should be reserved for those found to have had criminal intent. It is not the intent of this

legislation, however, to alter any criminal intent requirement previously enacted by the legislature

or established in accordance with the common law, nor is it the intent of this legislation to alter

any requirement with respect to standards for the prosecution of traditionally defined general

intent crimes.

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

any criminal offense or penalty, excluding any offense or penalty;

     (1) Defined pursuant to §11-1-1;

     (2) Defined pursuant to §11-1-3 through §11-1-11;

     (3) Defined pursuant to chapter 11-2;

     (4) Defined pursuant to chapter 11-4 through 11-23;

     (5) Defined pursuant to chapter 11-25 through 11-45;

     (6) Defined pursuant to chapter 11-47 through 11-61; and

     (7) Defined pursuant to chapter 11-64 through 11-68.

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

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

person acts:

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

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

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

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

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

conduct is unlawful.

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

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

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

of the offense, including jurisdictional elements.

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

apply:

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

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

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

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

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

     (3) "Person," "he,"/"she" or "actor" means any natural person, corporation, or

unincorporated association.

     (4) "Rule" means and shall have the definition set forth in §42-35-1, and include any

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

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

part of an adjudication under the "Administrative Procedures Act," chapter 35 of title 42.

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

policy issued by any agency.

     (6) "Agency" shall have the definition set forth in §42-35-1.

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

conduct as:

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

or

     (ii) Establishes the requisite kind of culpability; or

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

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

     (v) Establishes jurisdiction or venue.

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

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

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

affected thereby.

     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 -- CRIMINAL INTENT

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     This act would require that each element of a criminal offense be considered proven only

after criminal intent is established, and be applied in cases where the language of the criminal

statute itself doesn't explicitly identify the required criminal intent.

     This act would take effect upon passage.

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