| Chapter 154 |
| 2022 -- H 8230 Enacted 06/27/2022 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT |
Introduced By: Representatives Casimiro, Marszalkowski, Place, Vella-Wilkinson, Noret, McEntee, Costantino, Hawkins, Baginski, and Shanley |
| Date Introduced: May 11, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 11-37-6 of the General Laws in Chapter 11-37 entitled "Sexual |
| Assault" is hereby amended to read as follows: |
| 11-37-6. Third degree sexual assault. |
| (a) Definitions. For purposes of this chapter, "position of authority" means and includes, |
| but is not limited to, any person who is acting in the place of a parent and charged with any of a |
| parent's rights, duties, or responsibilities to a person under the age of eighteen (18) years, or a |
| person who is charged with any duty or responsibility for the health, welfare, or supervision of a |
| person under the age of eighteen (18) years, either independently or through another, no matter how |
| brief, at the time of the act. |
| (b) A person is guilty of third-degree sexual assault if: |
| (1) he He or she is over the age of eighteen (18) years and engaged in sexual penetration |
| with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) |
| years of age.; or |
| (2) He or she is over the age of eighteen (18) years and engaged in sexual penetration or |
| sexual contact with another person over the age of fourteen (14) years and under the age of eighteen |
| (18) years, under circumstances whereby: |
| (i) The accused has supervisory or disciplinary power over the victim by virtue of the |
| accused's legal, professional, or occupational status; or |
| (ii) The accused is otherwise acting in a position of authority with respect to the victim. |
| (iii) It shall not be a violation of subsection (b)(2) of this section if the parties are: |
| (A) Engaging in sexual penetration or contact consensually; |
| (B) Between the ages of sixteen (16) and twenty (20) years; and |
| (C) No more than thirty (30) months apart in age. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005924 |
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