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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