Rhode Island 2023 Regular Session

Rhode Island House Bill H5698 Latest Draft

Bill / Introduced Version Filed 02/17/2023

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