2023 -- S 0372
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LC001476
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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 - SEXUAL ASSAULT
Introduced By: Senators Bell, Mack, Valverde, Murray, Lauria, Zurier, Kallman,
Quezada, Gu, and DiMario
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby 1
amended by adding thereto the following section: 2
11-37-18. Custodial sexual assault. 3
(a) A person is guilty of custodial sexual assault if: 4
(1) He or she engages in sexual penetration with another person; and 5
(2) The accused is a peace officer as defined in § 12-7-21 and the victim is detained, in 6
custody, under arrest, confined in a correctional or law enforcement facility, in a work release 7
program, or on probation, parole or other form of conditional or supervised release; and 8
(3) The peace officer: 9
(i) Is responsible for effecting the detention, custody, arrest, or confinement of the victim 10
or maintaining the victim in custody, detention, arrest, confinement, or a work release program, or 11
knows, or reasonably should know, that the victim is under such custody, detention, arrest, 12
confinement, or in a work release program; 13
(ii) Has supervisory authority over the victim’s probation, parole, or other form of 14
conditional or supervised release; or 15
(iii) Is not married to the victim and has the authority to influence the terms, conditions, 16
length of or fact of probation, parole or other form of conditional or supervised release; and 17
(4) None of the circumstances set forth in §§ 11-37-2 or 11-37-4 exist. 18
(b) Any person who shall be convicted of custodial sexual assault shall be subject to 19
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imprisonment for a period not to exceed three (3) years. 1
(c) Any person convicted under this section shall not be subject to the provisions of chapter 2
37.1 of this title. 3
(d) It shall be an affirmative defense, to be proven by the accused by a preponderance of 4
the evidence, that the act of sexual penetration resulted from force or coercion by the other person. 5
SECTION 2. This act shall take effect upon passage. 6
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT
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This act would establish criteria for the criminal offense of sexual assault when the victim 1
is in the custody of a peace officer. The act would also provide that a person convicted of custodial 2
sexual assault would face imprisonment for not more than three (3) years. 3
This act would take effect upon passage. 4
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