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| 5 | 5 | | 2025 -- S 0294 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000605 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 -- COMPUTER CRIME |
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| 16 | 16 | | Introduced By: Senators Valverde, McKenney, Euer, DiMario, Appollonio, LaMountain, |
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| 17 | 17 | | Raptakis, and Murray |
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| 18 | 18 | | Date Introduced: February 13, 2025 |
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| 19 | 19 | | Referred To: Senate 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 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer 1 |
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| 24 | 24 | | Crime" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 11-52-4.2. Cyberstalking and cyberharassment prohibited. 3 |
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| 26 | 26 | | (a) Whoever transmits any communication by computer or other electronic device to any 4 |
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| 27 | 27 | | person or causes any person to be contacted for the sole purpose of harassing that person or his or 5 |
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| 28 | 28 | | her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred 6 |
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| 29 | 29 | | dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section, 7 |
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| 30 | 30 | | “harassing” means any knowing and willful course of conduct directed at a specific person which 8 |
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| 31 | 31 | | seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course 9 |
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| 32 | 32 | | of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional 10 |
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| 33 | 33 | | distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed 11 |
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| 34 | 34 | | of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally 12 |
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| 35 | 35 | | protected activity is not included within the meaning of “course of conduct.” 13 |
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| 36 | 36 | | (b) A second or subsequent conviction under subsection (a) of this section shall be deemed 14 |
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| 37 | 37 | | a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than 15 |
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| 38 | 38 | | six thousand dollars ($6,000), or both. 16 |
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| 40 | 40 | | |
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| 41 | 41 | | LC000605 - Page 2 of 3 |
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| 42 | 42 | | SECTION 2. This act shall take effect upon passage. 1 |
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| 43 | 43 | | ======== |
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| 44 | 44 | | LC000605 |
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| 45 | 45 | | ======== |
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| 46 | 46 | | |
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| 47 | 47 | | |
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| 48 | 48 | | LC000605 - Page 3 of 3 |
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| 49 | 49 | | EXPLANATION |
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| 50 | 50 | | BY THE LEGISLATIVE COUNCIL |
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| 51 | 51 | | OF |
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| 52 | 52 | | A N A C T |
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| 53 | 53 | | RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME |
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| 54 | 54 | | *** |
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| 55 | 55 | | This act would make it unnecessary to prove that a person’s transmission of electronic 1 |
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| 56 | 56 | | communications be for the sole purpose of harassment before being found guilty of cyberstalking 2 |
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| 57 | 57 | | or cyberharrassment. 3 |
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| 58 | 58 | | This act would take effect upon passage. 4 |
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| 59 | 59 | | ======== |
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| 60 | 60 | | LC000605 |
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| 61 | 61 | | ======== |
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| 62 | 62 | | |
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