Chapter 195

Chapter 195

2003 -- S 1196

Enacted 07/11/03






     Introduced By: Senators F Caprio, Polisena, McCaffrey, and Damiani

     Date Introduced: July 01, 2003



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;

      (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 an average person addressed in that manner;

      (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


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

procession, or gathering;

      (6)(i) 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 (ii)

for a lascivious purpose looks into an occupied dwelling or other building by use of a computer, wire, camera or

any video imaging system that provides images of the interior of that dwelling; 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 those 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

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, chapter 29 of title

12, 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 subdivisions (a)(2) -- (5) be construed to prevent lawful picketing or

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

      (f) In no event shall the provisions of this section be construed to apply to breast feeding

in public.

     SECTION 2. This act shall take effect upon passage.