Rhode Island 2023 Regular Session

Rhode Island House Bill H5698 Compare Versions

Only one version of the bill is available at this time.
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55 2023 -- H 5698
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME
1616 Introduced By: Representative William W. O'Brien
1717 Date Introduced: February 17, 2023
1818 Referred To: House Judiciary
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer 1
2323 Crime" is hereby amended to read as follows: 2
2424 11-52-4.2. Cyberstalking and cyberharassment prohibited. 3
2525 (a) Whoever transmits any communication by computer or other electronic device to any 4
2626 person or causes any person to be contacted for the sole purpose of harassing that person or his or 5
2727 her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred 6
2828 dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section, 7
2929 “harassing” means any knowing and willful course of conduct directed at a specific person which 8
3030 seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course 9
3131 of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional 10
3232 distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed 11
3333 of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally 12
3434 protected activity is not included within the meaning of “course of conduct.” 13
3535 (b) A second or subsequent conviction under subsection (a) of this section shall be deemed 14
3636 a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than 15
3737 six thousand dollars ($6,000), or both. 16
3838 (c) In addition to any other disposition or condition imposed pursuant to this section, a 17
3939 parent or guardian having legal custody of a minor who demonstrates willful or wonton disregard 18
4040 in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of 19
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4444 cyberstalking or cyberharassment pursuant to this section may be liable in a civil action pursuant 1
4545 to chapter 1 of title 9. 2
4646 SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby 3
4747 amended by adding thereto the following section: 4
4848 9-1-55. Cyberstalking and cyberharassment -- Parental liability of minor. 5
4949 Notwithstanding any other law to the contrary, any parent of any minor adjudicated 6
5050 delinquent of cyberstalking or cyberharassment may be liable in a civil action for failing to exercise 7
5151 supervision and control over the minor pursuant to this chapter, if they show willful or wonton 8
5252 disregard for the minor's conduct. 9
5353 SECTION 3. This act shall take effect upon passage. 10
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6060 EXPLANATION
6161 BY THE LEGISLATIVE COUNCIL
6262 OF
6363 A N A C T
6464 RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME
6565 ***
6666 This act would allow for a civil action against parents of a student who demonstrate willful 1
6767 or wanton disregard for the parent's duty to supervise their child who has committed the offense of 2
6868 cyberstalking or cyberharassment. 3
6969 This act would take effect upon passage. 4
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