Chapter 467

2008 -- H 7363

Enacted 07/05/08

 

A N A C T

RELATING TO CRIMINAL OFFENSES

          

     Introduced By: Representatives Mattiello, Giannini, Almeida, Ferri, and Brien

     Date Introduced: February 05, 2008

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

 

CHAPTER 52.3

ONLINE PROPERTY OFFENSES

 

     11-52.3-1. Definitions. -- As used in this chapter:

      (a) "Access" means to use, instruct, communicate with, store data in, retrieve or intercept

data from, or otherwise utilize any services of a computer.

     (b) "Computer" means a device that accepts, processes, stores, retrieves or outputs data,

and includes, but is not limited to, auxiliary storage and telecommunications devices connected to

computers.

     (c) "Internet" means an interactive computer service or system or an information service,

system, or access software provider that provides or enables computer access by multiple users to

a computer server, and includes, but is not limited to, an information service, system, or access

software provider that provides access to a network system commonly know as the Internet, or

any comparable system or service and also includes, but is not limited to, a World Wide Web

page, newsgroup, message board, mailing list, or chat area on any interactive computer service or

system or other online service.

     (d) "Online" means the use of any electronic or wireless device to access the Internet.

 

     11-52.3-2. Online sale of stolen property. -- A person commits the offense of online

sale of stolen property when he or she uses or accesses the Internet with the intent of selling

property gained through unlawful means.

 

     11-52.3-3. Online theft by deception. -- A person commits the offense of online theft by

deception when he or she uses the Internet to purchase or attempt to purchase property from a

seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of

the valid account holder.

 

     11-52.3-4. Online fencing. -- A person commits the offense of online fencing when he or

she sells stolen property using the Internet, knowing that the property was stolen. The provisions

of this chapter shall not apply to a person who unknowingly purchases stolen property over the

Internet.

 

     11-52.3-5. Penalties. -- (a) Any person convicted of any offense under sections 11-52.3-2

and 11-52.3-4, if the value of the property is less than five hundred dollars ($500), shall be guilty

of a misdemeanor and shall be imprisoned for not more than one year, or by a fine of not more

than one thousand dollars ($1,000), or both. If the property has a value of five hundred dollars

($500) or more, the person shall be guilty of a felony, and shall be imprisoned for not more than

ten (10) years, or by a fine of not more than five thousand dollars ($5,000), or both.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00129

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