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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 6140 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002489 |
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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 -- COMMERCIAL SEXUAL AC TIVITY |
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| 16 | 16 | | Introduced By: Representatives Ajello, Knight, Kazarian, Handy, Cortvriend, Cruz, and |
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| 17 | 17 | | Speakman |
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| 18 | 18 | | Date Introduced: March 08, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 11-34.1-2 of the General Laws in Chapter 11-34.1 entitled 1 |
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| 24 | 24 | | "Commercial Sexual Activity" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-34.1-2. Prostitution. 3 |
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| 26 | 26 | | (a) A person is guilty of prostitution when such person engages, or agrees, or offers to 4 |
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| 27 | 27 | | engage in sexual conduct with another person in return for a fee. Any person found guilty under 5 |
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| 28 | 28 | | this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a 6 |
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| 29 | 29 | | term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor 7 |
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| 30 | 30 | | more than one thousand dollars ($1,000), or both. 8 |
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| 31 | 31 | | (b) Any person found guilty of a subsequent offense under this section shall be subject to 9 |
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| 32 | 32 | | imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars 10 |
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| 33 | 33 | | ($500) nor more than one thousand dollars ($1,000), or both. 11 |
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| 34 | 34 | | (c) In any prosecution for a violation under this section where the immunity provided by § 12 |
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| 35 | 35 | | 11-34.1-15(a) is not applicable, it shall be an affirmative defense if the accused was forced to 13 |
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| 36 | 36 | | commit a commercial sexual activity by: 14 |
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| 37 | 37 | | (1) Being threatened or subjected to physical harm; 15 |
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| 38 | 38 | | (2) Being physically restrained or threatened to be physically restrained; 16 |
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| 39 | 39 | | (3) Being subject to threats of abuse of law or legal process; 17 |
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| 40 | 40 | | (4) Being subject to destruction, concealment, removal, or confiscation, of any passport or 18 |
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| 41 | 41 | | other immigration document or any other actual or purported governmental identification 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC002489 - Page 2 of 3 |
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| 45 | 45 | | document; or 1 |
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| 46 | 46 | | (5) Being subject to intimidation in which the accused’s physical well being was perceived 2 |
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| 47 | 47 | | as threatened. 3 |
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| 48 | 48 | | SECTION 2. Chapter 11-34.1 of the General Laws entitled "Commercial Sexual Activity" 4 |
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| 49 | 49 | | is hereby amended by adding thereto the following section: 5 |
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| 50 | 50 | | 11-34.1-15. Immunity from citation, arrest, or prosecution. 6 |
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| 51 | 51 | | (a) A person shall not be cited, arrested, or prosecuted for a violation of §§ 11-34.1-2, 11-7 |
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| 52 | 52 | | 34.1-3, 11-34.1-4 or 11-34.1-6 if: 8 |
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| 53 | 53 | | (1) The person witnessed or was a victim of a crime or becomes aware that another person 9 |
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| 54 | 54 | | was a victim of a crime, and reports it to law enforcement in good faith, seeks or receives health 10 |
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| 55 | 55 | | care services as a result of the crime, or assists or attempts to assist in the investigation or 11 |
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| 56 | 56 | | prosecution of the crime; and 12 |
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| 57 | 57 | | (2) The commission or attempted commission of the crime occurred at or around the time 13 |
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| 58 | 58 | | of, or was related to, the conduct prohibited by those sections of the general laws cited above. 14 |
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| 59 | 59 | | (b) If the victim or witness later withdraws their cooperation due to safety concerns, 15 |
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| 60 | 60 | | physical or emotional health, or any other reason, the victim or witness shall not be charged under 16 |
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| 61 | 61 | | those sections of the general laws cited above. It is not necessary that a reported crime be prosecuted 17 |
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| 62 | 62 | | or result in a conviction in order for the protection provided by subsection (a) of this section to be 18 |
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| 63 | 63 | | applicable. 19 |
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| 64 | 64 | | (c) A law enforcement officer shall not be immune from civil liability for citing or arresting 20 |
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| 65 | 65 | | a person for a violation of §§ 11-34.1-2, 11-34.1-3, 11-34.1-4 or 11-34.1-6 when the officer knows 21 |
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| 66 | 66 | | or should know that the person qualifies for protection under this section. 22 |
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| 67 | 67 | | SECTION 3. This act shall take effect upon passage. 23 |
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| 68 | 68 | | ======== |
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| 69 | 69 | | LC002489 |
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| 70 | 70 | | ======== |
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| 71 | 71 | | |
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| 72 | 72 | | |
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| 73 | 73 | | LC002489 - Page 3 of 3 |
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| 74 | 74 | | EXPLANATION |
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| 75 | 75 | | BY THE LEGISLATIVE COUNCIL |
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| 76 | 76 | | OF |
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| 77 | 77 | | A N A C T |
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| 78 | 78 | | RELATING TO CRIMINAL OFFENSES -- COMMERCIAL SEXUAL AC TIVITY |
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| 79 | 79 | | *** |
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| 80 | 80 | | This act would under certain circumstances, provide immunity from arrest and prosecution 1 |
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| 81 | 81 | | for prostitution, procurement of sexual conduct for a fee, loitering for prostitution and soliciting 2 |
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| 82 | 82 | | from motor vehicles for indecent purposes. 3 |
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| 83 | 83 | | This act would take effect upon passage. 4 |
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| 84 | 84 | | ======== |
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| 85 | 85 | | LC002489 |
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| 86 | 86 | | ======== |
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