Chapter 206

2004 -- H 7655 SUBSTITUTE A

Enacted 06/29/04

 

A N A C T

RELATING TO CRIMINAL OFFENSES

     

     

     Introduced By: Representatives Lally, Lima, Shanley, Enos, and D Caprio

     Date Introduced: February 10, 2004

 

  

 

 

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 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) (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 the 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", 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) of this section 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. Title 11 of the General Laws entitled "Criminal Offenses" is hereby

amended by adding thereto the following chapter:

     CHAPTER 64

ELECTRONIC IMAGING DEVICES

     11-64-1. Definitions. – (1) For the purposes of this section the following definitions

apply:

     (a) "Disseminate" means to make available by any means to any person.

     (b) "Imaging Device" means any electronic instrument capable of capturing, recording,

storing or transmitting visual images.

     (c) "Intimate areas" means the naked or undergarment clad genitals, pubic area, buttocks,

or any portion of the female breast below the top of the areola of a person which the person

intended to be protected from public view.

     (d) "Legal entity" means any partnership, firm, association, corporation or any agent or

servant thereof.

     (e) "Publish" means to:

     (i) disseminate with the intent that such image or images be made available by any means

to any person or other legal entity;

     (ii) disseminate with the intent such images be sold by another person or legal entity;

     (iii) post, present, display, exhibit, circulate, advertise or allow access by any means, so

as to make an image or images available to the public; or

     (iv) disseminate with the intent that an image or images be posted, presented, displayed,

exhibited, circulated, advertised or made accessible by any means, and to make such images

available to the public.

     (f) "Sell" means to disseminate to another person, or to publish, in exchange for

something of value.

     11-64-2. Video voyeurism. – (1) A person is guilty of video voyeurism when, for the

purpose of sexual arousal, gratification or stimulation, such person:

     (a) uses, installs or permits the use or installation of an imaging device to capture, record,

store or transmit visual images of the intimate areas of another person without that other person's

knowledge and consent, and under circumstances in which that other person would have a

reasonable expectation of privacy.

     (b) intentionally, and with knowledge that the image was obtained in violation of

subsection (a), disseminates, publishes, or sells such image of the captured representation of

another person or persons depicted in the representation or reproduction, and who did not consent

to the dissemination, publication or sale.

     (2) A person is also guilty of video voyeurism when that person, for the purpose of sexual

arousal, gratification or stimulation, looks into an occupied dwelling or other building by use of

an imaging device that provides images of the interior of a dwelling.

     (3) A person found guilty of the crime of video voyeurism shall be imprisoned for not

more than three (3) years in jail and/or fined not more than five thousand dollars ($5000).

     SECTION 3. This act shall take effect upon passage.

     

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LC01309/SUB A

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