Chapter 383
2021 -- H 6454
Enacted 07/13/2021

A N   A C T
RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES AND MISAPPROPRIATIONS

Introduced By: Representatives Felix, Alzate, Potter, S Lima, Giraldo, and Casimiro

Date Introduced: June 22, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Section 11-41-5 of the General Laws in Chapter 11-41 entitled "Theft,
Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:
     11-41-5. Penalties for larceny.
     (a) Any person convicted of any offense under §§ 11-41-1 -- 11-41-6, except § 11-41-3,
shall be punished as follows, according to the value of the property or money stolen, received,
embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false
pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:
     (1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five
thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not
more than one thousand five hundred dollars ($1,500), or both;
     (2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand dollars
($10,000), by imprisonment for not more than six (6) years or by a fine of not more than three
thousand dollars ($3,000), or both; and
     (3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as
defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for
not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.
If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be
punished by imprisonment for not more than one year, or by a fine of not more than five hundred
dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to
have knowingly obtained the property from a person under eighteen (18) years of age,
notwithstanding the value of the property or money, shall be punished by imprisonment for not
more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.
     (b) Any person convicted of an offense in violation of §§ 11-41-1 -- 11-41-7, except § 11-
41-3, that involves a victim who is a person sixty-five (65) years of age or older at the time of the
offense and which involves property or money stolen, received, embezzled, fraudulently
appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise
with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five
hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not
more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both.
If the value of the property or money does not exceed five hundred dollars ($500), the person shall
be punished by imprisonment for not less than one year but not more than five (5) years or by a
fine of not more than three thousand dollars ($3,000), or both.
     (c) In addition to any other penalties pursuant to this section, an elected official or candidate
for office convicted of violating §§ 11-41-1, § 11-41-2, § 11-41-3 or § 11-41-4 where the theft is a
campaign account created, pursuant to title 17, for the benefit of the person so convicted, all
restitution shall be deposited into the Rhode Island crime victim compensation program fund and
not into the campaign account of that person convicted of the offense.
     SECTION 2. Section 17-25-13 of the General Laws in Chapter 17-25 entitled "Rhode
Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows:
     17-25-13. Penalties.
     (a) Any person who willfully and knowingly violates the provisions of this chapter shall,
upon conviction, be guilty of a misdemeanor and shall be fined not more than one thousand dollars
($1,000) per violation.
     (b) The state board may fine any person or entity who violates the provisions of this chapter
in an amount not more than one hundred dollars ($100) per violation.
     (c) Fines, fees, and penalties imposed by the state board for violations of this chapter shall
be paid for by the candidate, officeholder, or entity against whose campaign the fines, fees, or
penalties have been levied. Fines, fees, and penalties levied by the state board pursuant to this
chapter shall not be paid for from contributions or funds available in a campaign account.
     (d) An elected official or candidate for office convicted of violating §§ 11-41-1, § 11-41-
2, § 11-41-3 or § 11-41-4 where the theft is from a campaign account created, pursuant to this title
17, for the benefit of the person so convicted, all restitution shall be deposited into the Rhode Island
crime victim compensation program fund and not into the campaign account of that person
convicted of the offense.
     SECTION 3. This act shall take effect upon passage.
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LC003017
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