2023 -- S 0370
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LC001474
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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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES,
AND MISAPPROPRIATION
Introduced By: Senator Samuel W. Bell
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-41-5 and 11-41-20 of the General Laws in Chapter 11-41 entitled 1
"Theft, Embezzlement, False Pretenses, and Misappropriation" are hereby amended to read as 2
follows: 3
11-41-5. Penalties for larceny. 4
(a) Any person convicted of any offense under §§ 11-41-1 — 11-41-6, except § 11-41-3, 5
shall be punished as follows, according to the value of the property or money stolen, received, 6
embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false 7
pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert: 8
(1) If the value is less than or equal to twenty-five dollars ($25.00), the person shall be 9
punished by up to twenty (20) hours of community service, as ordered by the court, or by a fine of 10
not more than fifty dollars ($50.00), or both; and 11
(2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 12
hundred fifty dollars ($250), for a first offense under this chapter, the person shall be punished by 13
up to twenty (20) hours of community service, as ordered by the court, or by a fine of not more 14
than fifty dollars ($50.00), or both; and 15
(3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 16
hundred fifty dollars ($250), for a second or subsequent offense under this chapter, the person shall 17
be punished by imprisonment for not more than three (3) months, or by a fine of not more than two 18
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hundred fifty dollars ($250), or both; and 1
(4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 2
thousand dollars ($1,000), for a first offense under this chapter, the person shall be punished by 3
imprisonment for not more than three (3) months, or by a fine of not more than two hundred fifty 4
dollars ($250), or both; and 5
(5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 6
thousand dollars ($1,000), for a second or subsequent offense under this chapter, the person shall 7
be punished by imprisonment for not more than six (6) months, or by a fine of not more than two 8
hundred fifty dollars ($250), or both; and 9
(6) If the value exceeds one thousand dollars ($1000), but is less than or equal to one 10
thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more 11
than three hundred sixty-four (364) days, or by a fine of not more than five hundred dollars ($500), 12
or both. 13
(1)(7) If the value exceeds one thousand five hundred dollars ($1,500), and is less than or 14
equal to five thousand dollars ($5,000), the person shall be punished by imprisonment for not more 15
than three (3) years or by a fine of not more than one thousand five hundred dollars ($1,500), or 16
both; 17
(2)(8) If the value exceeds five thousand dollars ($5,000), but is less than or equal to ten 18
thousand dollars ($10,000), the person shall be punished by imprisonment for not more than six (6) 19
years or by a fine of not more than three thousand dollars ($3,000), or both; and 20
(3)(9) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as 21
defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for 22
not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. 23
If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be 24
punished by imprisonment for not more than one year, or by a fine of not more than five hundred 25
dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to 26
have knowingly obtained the property from a person under eighteen (18) years of age, 27
notwithstanding the value of the property or money, shall be punished by imprisonment for not 28
more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. 29
(b) All monetary amounts with regard to the value of the item(s) stolen shall be increased 30
annually to reflect the rate of median income growth as adjusted by the percentage of change in 31
Rhode Island median household income. Any person convicted of an offense in violation of §§ 11-32
41-1 — 11-41-7, except § 11-41-3, that involves a victim who is a person sixty-five (65) years of 33
age or older at the time of the offense and which involves property or money stolen, received, 34
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embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false 1
pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value 2
in excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two 3
(2) years but not more than fifteen (15) years or by a fine of not more than five thousand dollars 4
($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), 5
the person shall be punished by imprisonment for not less than one year but not more than five (5) 6
years or by a fine of not more than three thousand dollars ($3,000), or both. 7
(c) In addition to any other penalties pursuant to this section, an elected official or candidate 8
for office convicted of violating § 11-41-1, § 11-41-2, § 11-41-3, or § 11-41-4 where the theft is a 9
campaign account created, pursuant to title 17, for the benefit of the person so convicted, all 10
restitution shall be deposited into the Rhode Island crime victim compensation program fund and 11
not into the campaign account of that person convicted of the offense. 12
11-41-20. Shoplifting. 13
(a) For the purpose of this section: 14
(1) “Conceal” means to place merchandise in such a manner that it is not visible through 15
ordinary observation. 16
(2) “Full retail value” means the merchant’s stated price of the merchandise. 17
(3) “Merchandise” means any items of tangible personal property offered for sale within a 18
retail mercantile establishment. 19
(4) “Merchant” means an owner or operator of any retail mercantile establishment or any 20
agent, employee, lessee, officer, or director of the owner or operator. 21
(5) “Premises of a retail mercantile establishment” includes the retail mercantile 22
establishment, and common use areas in shopping centers, and all parking areas set aside by a 23
merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons 24
of the retail mercantile establishment. 25
(6) “Retail mercantile establishment” means any place where merchandise is displayed, 26
held, stored or offered for sale to the public. 27
(7) “Shopping cart” means those push carts of the type or types which are commonly 28
provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the 29
public in transporting commodities on or from the premises of the retail mercantile establishment. 30
(b) Whoever shall engage in the following shall be guilty of the crime of shoplifting: 31
(1) Take possession of, carry away, transfer or cause to be carried away or transferred any 32
merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with 33
the intention of depriving the merchant of all or any part of the full retail value of the merchandise; 34
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(2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other 1
markings which aid in determining value affixed to any merchandise displayed, held, stored or 2
offered for sale in a retail mercantile establishment and attempt to purchase or purchase the 3
merchandise personally or in consort with another at less than the full retail value with the intention 4
of depriving the merchant of all or any part of the full retail value of such merchandise; 5
(3) Transfer any merchandise displayed, held, stored or offered for sale in a retail 6
mercantile establishment from one container to another in an attempt to purchase or purchase the 7
merchandise personally or in consort with another at less than the full retail value with the intention 8
of depriving the merchant of all or any part of the full retail value of the merchandise; or 9
(4) Remove a shopping cart from the premises of a retail mercantile establishment without 10
the consent of the merchant given at the time of the removal with the intention of depriving the 11
merchant of the possession, use, or benefit of the cart. 12
(c) The fact that a person conceals upon his person, among his or her belongings, or upon 13
the person or among the belongings of another merchandise displayed, held, stored or offered for 14
sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and 15
the merchandise has been taken beyond the area within the retail mercantile establishment where 16
payment for it is to be made, shall be prima facie evidence that the person has possessed, carried 17
away, or transferred the merchandise with the intention of depriving the merchant of all or part of 18
the full retail value of the merchandise without paying the full retail value of the merchandise. 19
(d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and 20
shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value 21
of the merchandise, whichever is greater, but not more than five hundred dollars ($500),; or by 22
imprisonment for not more than one year, or both; provided, any person convicted of the crime of 23
shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously 24
been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more 25
than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both. 26
(1) If the value does not exceed twenty-five dollars ($25.00), shall be punished by to up to 27
twenty (20) hours of community service, as ordered by the court; or 28
(2) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 29
hundred fifty dollars ($250), for a first offense under this chapter, shall be punished by to up to 30
twenty (20) hours of community service, as ordered by the court; or 31
(3) If the value exceeds twenty-five dollars ($25.00), but is less than or equal to two 32
hundred fifty dollars ($250), for a second or subsequent offense under this chapter, shall be 33
punished by imprisonment for not more than three (3) months; or 34
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(4) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 1
thousand dollars ($1000), for a first offense under this chapter, shall be punished by imprisonment 2
for not more than three (3) months; or 3
(5) If the value exceeds two hundred fifty dollars ($250), but is less than or equal to one 4
thousand dollars ($1000), for a second or subsequent offense under this chapter, shall be punished 5
by imprisonment for not more than six (6) months; or 6
(e) No person shall be charged with the offense of shoplifting if they are charged with 7
another offense for the same act. 8
(f) All monetary amounts with regard to the value of merchandise shall be increased 9
annually to reflect the rate of median income growth as adjusted by the percentage of change in 10
Rhode Island median household income. 11
SECTION 2. Section 11-41-24 of the General Laws in Chapter 11-41 entitled "Theft, 12
Embezzlement, False Pretenses, and Misappropriation" is hereby repealed. 13
11-41-24. Habitual offender. 14
Any person who shall be convicted three (3) times for the crime of shoplifting as defined 15
in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2, 16
or who shall have been convicted three (3) times of any combination of the crimes described in this 17
section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less 18
than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned 19
not less than six (6) months nor more than one year. 20
SECTION 3. This act shall take effect upon passage. 21
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES - THEFT, EMBEZZLEMENT, FALSE PRETENSES,
AND MISAPPROPRIATION
***
This act would provide for tiered and reduced penalties for the offenses of larceny, and 1
shoplifting. This act would further provide that the offense of shoplifting, under two hundred fifty 2
dollars ($250), for a first offense, or under twenty-five dollars ($25.00), for a second or third 3
offense, would no longer be classified as a misdemeanor. This act would also repeal the habitual 4
offender mandatory minimum statute. 5
This act would take effect upon passage. 6
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