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 ========