2023 -- H 5698

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LC001349

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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 -- COMPUTER CRIME

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 17, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

Crime" is hereby amended to read as follows:

     11-52-4.2. Cyberstalking and cyberharassment prohibited.

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

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

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

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

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

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

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

distress, or be in fear of bodily injury. “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.”

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

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

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

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

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

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

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

to chapter 1 of title 9.

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

amended by adding thereto the following section:

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

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

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

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

disregard for the minor's conduct.

     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 demonstrate willful

or wanton disregard for the parent's duty to supervise their child who has committed the offense of

cyberstalking or cyberharassment.

     This act would take effect upon passage.

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LC001349

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