2023 -- H 5698
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LC001349
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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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
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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
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME
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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
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LC001349
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