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