Rhode Island 2023 Regular Session

Rhode Island House Bill H5698 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5698
6	6	========
7	7	LC001349
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME
16	16	Introduced By: Representative William W. O'Brien
17	17	Date Introduced: February 17, 2023
18	18	Referred To: House Judiciary
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer 1
23	23	Crime" is hereby amended to read as follows: 2
24	24	11-52-4.2. Cyberstalking and cyberharassment prohibited. 3
25	25	(a) Whoever transmits any communication by computer or other electronic device to any 4
26	26	person or causes any person to be contacted for the sole purpose of harassing that person or his or 5
27	27	her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred 6
28	28	dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section, 7
29	29	“harassing” means any knowing and willful course of conduct directed at a specific person which 8
30	30	seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course 9
31	31	of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional 10
32	32	distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed 11
33	33	of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally 12
34	34	protected activity is not included within the meaning of “course of conduct.” 13
35	35	(b) A second or subsequent conviction under subsection (a) of this section shall be deemed 14
36	36	a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than 15
37	37	six thousand dollars ($6,000), or both. 16
38	38	(c) In addition to any other disposition or condition imposed pursuant to this section, a 17
39	39	parent or guardian having legal custody of a minor who demonstrates willful or wonton disregard 18
40	40	in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of 19
41	41
42	42
43	43	LC001349 - Page 2 of 3
44	44	cyberstalking or cyberharassment pursuant to this section may be liable in a civil action pursuant 1
45	45	to chapter 1 of title 9. 2
46	46	SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby 3
47	47	amended by adding thereto the following section: 4
48	48	9-1-55. Cyberstalking and cyberharassment -- Parental liability of minor. 5
49	49	Notwithstanding any other law to the contrary, any parent of any minor adjudicated 6
50	50	delinquent of cyberstalking or cyberharassment may be liable in a civil action for failing to exercise 7
51	51	supervision and control over the minor pursuant to this chapter, if they show willful or wonton 8
52	52	disregard for the minor's conduct. 9
53	53	SECTION 3. This act shall take effect upon passage. 10
54	54	========
55	55	LC001349
56	56	========
57	57
58	58
59	59	LC001349 - Page 3 of 3
60	60	EXPLANATION
61	61	BY THE LEGISLATIVE COUNCIL
62	62	OF
63	63	A N A C T
64	64	RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME
65	65	***
66	66	This act would allow for a civil action against parents of a student who demonstrate willful 1
67	67	or wanton disregard for the parent's duty to supervise their child who has committed the offense of 2
68	68	cyberstalking or cyberharassment. 3
69	69	This act would take effect upon passage. 4
70	70	========
71	71	LC001349
72	72	========