Chapter 135

2008 -- H 7424 SUBSTITUTE A AS AMENDED

Enacted 07/01/08

A N A C T

RELATING TO CRIMINAL OFFENSES -- ENTICEMENT OF CHILDREN

Introduced By: Representative Peter F. Kilmartin

Date Introduced: February 12, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-26-1.5 of the General Laws in Chapter 11-26 entitled

"Kidnapping" is hereby amended to read as follows:

11-26-1.5. Enticement of children. -- (a) A person shall be guilty of a misdemeanor

felony if that person attempts to persuade, or persuades a minor child under the age of sixteen

(16) years, whether by words or actions or both, with intent to engage in lewd, illicit, or criminal

felonious conduct against a minor child under the that child age of sixteen (16) years to either:

      (1) Leave the child's home or school;

      (2) Enter a vehicle or building; or

      (3) Enter a an structure or enclosed area, or alley, with the intent that the child shall be

concealed from public view; while the person is acting without the authority of: (i) the custodial

parent of the child, (ii) the state of Rhode Island or a political subdivision of the state, or (iii) one

having legal custody of the minor child. Nothing contained in this section shall be construed to

prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor

child.

      (b) Every person convicted of a violation of the provisions of this section shall be guilty

of a felony, and shall be punished by imprisonment for not more than six (6) months, five (5)

years, or by a fine of not more than one five thousand dollars ($1,000)($5,000), or by both fine

and imprisonment. A person convicted of a second or subsequent time of violating the provisions

of this section shall be guilty of a felony, and shall be punished by imprisonment for a period of

not more than five (5) years.

(c) Every person convicted of, or placed on probation for a violation of this section, may

be ordered to attend appropriate professional counseling to address his or her behavior.

     SECTION 2. This act shall take effect upon passage.

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LC00389/SUB A/2

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