Chapter 183

2008 -- S 2916 SUBSTITUTE A AS AMENDED

Enacted 07/02/08

A N A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

Introduced By: Senators McCaffrey, and Perry

Date Introduced: April 01, 2008

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) 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

      (7) Who without the knowledge or consent of the individual, looks for a lascivious

purpose through a window, or any other opening into an area in which another would have a

reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower,

changing room, dressing room, bedroom, or any other such private area, not withstanding any

property rights the individual may have in the location in which the private area is located.

(8) Exposes his or her genitals to the view of another person under circumstances in

which his or her conduct is likely to cause affront, distress, or alarm to the other person.

      (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.

(d)(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. Chapter 11-45 of the General Laws entitled "Disorderly Conduct" is hereby

amended by adding thereto the following section:

11-45-2. Indecent exposure - Disorderly conduct. -- (a) A person commits indecent

exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation,

such person intentionally, knowingly, or recklessly:

(1) Exposes his or her genitals to the view of another under circumstances in which his or

her conduct is likely to cause affront, distress, or alarm to that person;

(b) Any person may be a complainant for the purposes of instituting action for any

violation of this section. This act shall not apply to any conduct between consenting adults where

the complainant is an unintended witness;

(c) Any person found guilty of, or who pleads nolo contendere to the crime of indecent

exposure/disorderly conduct, shall be imprisoned for a term of not more than one year, or fined

not more than one thousand dollars ($1,000), or both. Any subsequent offense shall be punished

by imprisonment for a term of up to three (3) years;

(d) Counseling- 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;

(e) In no event shall the provisions of this section be construed to apply to breastfeeding

in public.

     SECTION 3. This act shall take effect upon passage.

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LC02160/SUB A/2

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