2016 -- S 2705

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LC005020

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES - STALKING

     Introduced By: Senators Nesselbush, Goodwin, Paiva Weed, Sosnowski, and Gallo

     Date Introduced: March 08, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-59 of the General Laws entitled "Stalking" is hereby repealed in

its entirety.

CHAPTER 11-59

Stalking

     11-59-1. Definitions. -- For the purpose of this chapter:

      (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a

period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

included within the meaning of "course of conduct."

      (2) "Harasses" means a knowing and willful course of conduct directed at a specific

person with the intent to seriously alarm, annoy, or bother the person, and which serves no

legitimate purpose. The course of conduct must be such as would cause a reasonable person to

suffer substantial emotional distress, or be in fear of bodily injury.

     11-59-2. Stalking prohibited. -- (a) Any person who: (1) harasses another person; or (2)

willfully, maliciously, and repeatedly follows another person with the intent to place that person

in reasonable fear of bodily injury, is guilty of the crime of stalking.

      (b) Stalking shall be deemed a felony punishable by imprisonment for not more than five

(5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

     SECTION 2. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 59.1

STALKING

     11-59.1-1. Legislative intent. – The legislature finds that stalking is a serious problem in

the state of Rhode Island and nationwide. Stalking involves severe intrusions on the victim's

personal privacy and autonomy. It is a crime that causes a long-lasting impact on the victim's

quality of life, and creates risks to the security and safety of the victim and others, even in the

absence of express threats of physical harm. Stalking conduct often becomes increasingly violent

over time. The legislature recognizes the dangerous nature of stalking as well as the strong

connections between stalking and domestic violence and between this law to encourage effective

intervention by the criminal justice system before stalking escalates into behavior that has serious

or lethal consequences. The legislature intends to enact a stalking statute that permits the criminal

justice system to hold stalkers accountable for a wide range of acts, communications, and

conduct. The legislature recognizes that stalking includes, but is not limited to, a pattern of

following, observing, or monitoring the victim, or committing violent or intimidating acts against

the victim, regardless of the means.

     11-59.1-2. Stalking prohibited. – (a) Any person who purposefully engages in a course

of conduct directed at a specific person and knows or should know that the course of conduct

would cause a reasonable person to:

     (1) Fear for their safety or the safety of a third person; or

     (2) Suffer other emotional distress.

     (b) Is guilty of stalking.

     11-59.1-3. Definitions. – As used in this section:

     (1) "Course of conduct" means two (2) or more acts, including, but not limited to, acts in

which the stalker directly, indirectly, or through third parties, by any action, method, device, or

means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or

interferes with a person's property.

     (2) "Emotional distress" means significant mental suffering or distress that may, but does

not necessarily require medical or other professional treatment or counseling.

     (3) "Reasonable person" means a reasonable person in the victim's circumstances.

     11-59.1-4. Defenses. – In any prosecution under this law:

     (1) It shall not be a defense that:

     (i) The actor was not given actual notice that the course of conduct was unwanted; or

     (ii) The actor did not intend to cause the victim fear or other emotional distress.

     (2) It is an affirmative defense that the person charged was engaged in lawful picketing.

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     11-59.1-5. Penalties for stalking. – (a) Stalking is a felony punishable by imprisonment

for not more than five (5) years.

     (b) Stalking is a felony punishable by imprisonment for not more than ten (10) years if a

person is guilty of stalking and one or more of the following aggravating factors exists:

     (1) The person is age twenty-one (21) or older and the victim is under the age of fourteen

(14); or

     (2) The person violated any order prohibiting contact with the victim; or

     (3) The person was convicted of stalking any person within the previous ten (10) years;

or

     (4) The person was convicted of a crime of sexual assault against any person within the

previous twenty (20) years; or

     (5) The course of conduct includes a threat of death, a threat of sexual assault, or a threat

of serious physical injury to the victim, or to another person; or

     (6) The person causes physical injury to the victim.

     11-59.1-6. Jurisdiction. – As long as one of the acts that is part of the course of conduct

was initiated in or had an effect on the victim in this jurisdiction, the defendant may be

prosecuted in this jurisdiction,

     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 - STALKING

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     This act would prohibit stalking, defined as a course of conduct by anyone who may

cause a reasonable person to either fear for their own safety or the safety of a third person or

cause a reasonable person to suffer emotional distress. It would also enumerate the penalties for

stalking.

     This act would take effect upon passage.

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