2023 -- H 5572

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

     Introduced By: Representatives Batista, Craven, Knight, Potter, Cruz, Alzate, and Felix

     Date Introduced: February 15, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly

Conduct" is hereby amended to read as follows:

     11-45-1. Disorderly conduct.

     (a) A person commits disorderly conduct if he or she intentionally, knowingly, or

recklessly:

     (1) Engages in fighting or threatening, or in violent or tumultuous behavior in such a way

that creates an actual public disturbance as evidenced by situations that include, but are not limited

to, a gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic,

or creating similar public disturbances;

     (2) In a public place or near a private residence that he or she has no right to occupy,

disturbs another person by making loud and unreasonable noise which under the circumstances

would disturb a person of average sensibilities;

     (3) Directs at another person in a public place offensive words which are likely to provoke

a violent reaction on the part of the average person so addressed;

     (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building

entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public

has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;

     (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,

procession, or gathering;

     (6) Enters upon the property of another and for a lascivious purpose looks into an occupied

dwelling or other building on the property through a window or other opening; or

     (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose

through a window, or any other opening into an area in which another would have a reasonable

expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing

room, dressing room, bedroom, or any other such private area, notwithstanding any property rights

the individual may have in the location in which the private area is located.

     (8) [Deleted by P.L. 2008, ch. 183, § 1].

     (b) Any person, including a police officer, may be a complainant for the purposes of

instituting action for any violation of this section.

     (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a

term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.

     (d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful

picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.

     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 -- DISORDERLY CONDUCT

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     This act would define, under the disorderly conduct statute, engaging in fighting or

threatening, or in violent or tumultuous behavior to include and specify it as conduct that creates

an actual public disturbance as evidenced by situations that include, but are not limited to, a

gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, or

creating similar public disturbances.

     This act would take effect upon passage.

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