2018 -- H 7074

========

LC003162

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

     Introduced By: Representatives Craven, Lombardi, and McEntee

     Date Introduced: January 10, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-15-1 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby amended to read as follows:

     15-15-1. Definitions.

     The following words as used in this chapter have the following meanings:

     (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) "Courts" means the family court.

     (3) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or his or her

family.

     (4) "Domestic abuse" means:

     the occurrence of one or more of the following acts between present or former family

members, parents, stepparents, or persons who are or have been in a substantive dating or

engagement relationship within the past one year in which at least one of the persons is a minor:

     (i) Attempting to cause or causing physical harm;

     (ii) Placing another in fear of imminent serious physical harm;

     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress; or

     (iv) Stalking or cyberstalking.

     (5) "Harassing" means following 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.

     (6) "Parents" mean persons who together are the legal parents of one or more children,

regardless of their marital status or whether they have lived together at any time.

     (7) "Present or former family member" means the spouse, former spouse, minor children,

stepchildren, or persons who are related by blood or marriage.

     (8) "Sexual exploitation" means the occurrence of any of the following acts by any

person who knowingly or willfully encourages, aids, or coerces any child under the age of

eighteen (18) years:

     (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting,

providing, persuading, obtaining, or maintaining, or so attempts, any minor for the purposes of

commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the

purposes of commercial sex acts.

     (A) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

person.

     (B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (9) "Stalking" means harassing another person or willfully, maliciously and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury.

     (10) "Substantive dating" or "engagement relationship" means a significant and

personal/intimate relationship which shall be adjudged by the court's consideration by the

following factors:

     (i) The length of time of the relationship;

     (ii) The type of relationship; and

     (iii) The frequency of interaction between the parties.

     (l) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

person.

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

LC003162 - Page 2 of 5

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

included within the meaning of "course of conduct".

     (3) "Courts" means the family court.

     (4) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or their family.

     (5) "Domestic abuse" means the occurrence of one or more of the following acts between

present or former family members, parents, stepparents, or persons who are or have been in a

substantive dating or engagement relationship within the past one year in which at least one of the

persons is a minor:

     (i) Attempting to cause or causing physical harm;

     (ii) Placing another in fear of imminent serious physical harm;

     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress;

     (iv) Stalking or cyberstalking; or

     (v) The occurrence of any of the following acts by any person who knowingly or

willfully encourages, aids or coerces any child under the age of eighteen (18) years:

     (A) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting,

providing, persuading, obtaining, or maintaining, or so attempts to, any minor for the purposes of

commercial sex acts or sexually explicit performances; or

     (B) Selling or purchasing a minor for the purposes of commercial sex acts.

     (6) "Harassing" means following 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.

     (7) "Parents" means persons who together are the legal parents of one or more children,

regardless of their marital status or whether they have lived together at any time.

     (8) "Present or former family member" means the spouse, former spouse, minor children,

stepchildren, or persons who are related by blood or marriage.

     (9) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (10) "Stalking" means harassing another person or willfully, maliciously and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury.

     (11) "Substantive dating" or "engagement relationship" means a significant and

LC003162 - Page 3 of 5

personal/intimate relationship which shall be adjudged by the court's consideration by the

following factors:

     (i) The length of time of the relationship;

     (ii) The type of relationship; and

     (iii) The frequency of interaction between the parties.

     SECTION 2. This act shall take effect upon passage.

========

LC003162

========

LC003162 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

***

     This act would revise several definitions in regard to domestic abuse prevention.

     This act would take effect upon passage.

========

LC003162

========

LC003162 - Page 5 of 5