2023 -- H 5572
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LC000621
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
Introduced By: Representatives Batista, Craven, Knight, Potter, Cruz, Alzate, and Felix
Date Introduced: February 15, 2023
Referred To: House Judiciary
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 1
Conduct" is hereby amended to read as follows: 2
11-45-1. Disorderly conduct. 3
(a) A person commits disorderly conduct if he or she intentionally, knowingly, or 4
recklessly: 5
(1) Engages in fighting or threatening, or in violent or tumultuous behavior in such a way 6
that creates an actual public disturbance as evidenced by situations that include, but are not limited 7
to, a gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, 8
or creating similar public disturbances; 9
(2) In a public place or near a private residence that he or she has no right to occupy, 10
disturbs another person by making loud and unreasonable noise which under the circumstances 11
would disturb a person of average sensibilities; 12
(3) Directs at another person in a public place offensive words which are likely to provoke 13
a violent reaction on the part of the average person so addressed; 14
(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building 15
entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public 16
has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; 17
(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, 18
procession, or gathering; 19
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(6) Enters upon the property of another and for a lascivious purpose looks into an occupied 1
dwelling or other building on the property through a window or other opening; or 2
(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose 3
through a window, or any other opening into an area in which another would have a reasonable 4
expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing 5
room, dressing room, bedroom, or any other such private area, notwithstanding any property rights 6
the individual may have in the location in which the private area is located. 7
(8) [Deleted by P.L. 2008, ch. 183, § 1]. 8
(b) Any person, including a police officer, may be a complainant for the purposes of 9
instituting action for any violation of this section. 10
(c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a 11
term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both. 12
(d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful 13
picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute. 14
SECTION 2. This act shall take effect upon passage. 15
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
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This act would define, under the disorderly conduct statute, engaging in fighting or 1
threatening, or in violent or tumultuous behavior to include and specify it as conduct that creates 2
an actual public disturbance as evidenced by situations that include, but are not limited to, a 3
gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, or 4
creating similar public disturbances. 5
This act would take effect upon passage. 6
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