98 -- H 8103


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Introduced By: Representatives Hetherington, Henseler, Barone, Dennigan and Kelley

Date Introduced : February 3, 1998

Referred To: Committee on 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; or

(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; or

(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; or

(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; or

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

(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling on the property through a window or other opening; or

(7) Exposes his or her genitals to the view of others under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to such other persons.

(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) Where the provisions of "The Domestic Violence Prevention Act", section 12-29-1 et seq., are applicable, the penalties for violation of this section shall also include the penalties as provided in section 12-29-5.

(e) In no event shall subsections (a)(2) -- (5) be construed to prevent lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.

{ADD (f) In no effect shall the provisions of this section be construed to apply to breast feeding in public. ADD}

SECTION 2. This act shall take effect upon passage.


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This act would provide that breast feeding in public would not violate any indecent exposure/disorderly conduct statute.

This act would take effect upon passage.

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