S0565

	2015 -- S 0565
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	LC000974
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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 - COMPUTER CRIME

	Introduced By: Senators Lombardi, Archambault, Conley, Lombardo, and Algiere
	Date Introduced: March 03, 2015
	Referred To: Senate Judiciary
	(Attorney General)
	It is enacted by the General Assembly as follows:
1	SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer
2	Crime" is hereby amended to read as follows:
3	11-52-4.2. Cyberstalking and cyberharassment prohibited. -- (a) Whoever transmits
4	any communication by computer or other electronic device to any person or causes any person to
5	be contacted for the sole purpose of harassing that person or his or her family is guilty of a
6	misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), by
7	imprisonment for not more than one year, or both. For the purpose of this section, "harassing"
8	means any knowing and willful course of conduct directed at a specific person which seriously
9	alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of
10	conduct must be of a kind that would cause a reasonable person to suffer substantial emotional
11	distress, or be in fear of bodily injury. "Course of conduct" "Conduct" means a pattern of conduct
12	composed of a series of a single act which causes a person to be repeatedly contacted by others or
13	two (2) or more acts over a period of time, evidencing a continuity of purpose. Constitutionally
14	protected activity is not included within the meaning of "course of conduct." "conduct."
15	(b) A second or subsequent conviction under subsection (a) of this section shall be
16	deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not
17	more than six thousand dollars ($6,000), or both.

1	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 - COMPUTER CRIME
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1	This act would provide that "conduct" for purposes of cyberstalking would be defined as
2	"a single act which causes a person to be repeatedly contacted by others or two (2) or more acts
3	over a period of time, evidencing a continuity of purpose.
4	This act would take effect upon passage.
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	LC000974
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