2020 -- H 7941

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME

     

     Introduced By: Representatives O'Brien, Millea, McEntee, Caldwell, and Craven

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer

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Crime" is hereby amended to read as follows:

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     11-52-4.2. Cyberstalking and cyberharassment prohibited.

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     (a) Whoever transmits any communication by computer or other electronic device to any

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

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her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred

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dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section,

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"harassing" means any knowing and willful course of conduct directed at a specific person which

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seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course

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of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional

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distress, or be in fear of bodily injury. "Course of conduct" means a pattern of conduct composed

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of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally

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protected activity is not included within the meaning of "course of conduct."

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     (b) A second or subsequent conviction under subsection (a) of this section shall be deemed

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a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than

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six thousand dollars ($6,000), or both.

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     (c) In addition to any other disposition or condition imposed pursuant to this section, a

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parent or guardian having legal custody of a minor who demonstrates willful or wonton disregard

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in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of

 

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cyberstalking or cyberharassment pursuant to this section may be liable in a civil action pursuant

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to chapter 1 of title 9.

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     SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-55. Cyberstalking and cyberharassment -- Parental liability of minor.

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     Notwithstanding any other law to the contrary, any parent of any minor adjudicated

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delinquent of cyberstalking or cyberharassment may be liable in a civil action for failing to exercise

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supervision and control over the minor pursuant to this chapter, if they show willful or wonton

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disregard for the minor's conduct.

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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 -- COMPUTER CRIME

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     This act would allow for a civil action against parents of a student who demonstrates

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disregard for the suspension of their child who has committed the offense of cyberstalking or

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cyberharassment.

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     This act would take effect upon passage.

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