2025 -- S 0299
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LC000270
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORC EMENT SEXUAL
PENETRATION
Introduced By: Senators Bell, Bissaillon, Murray, Valverde, Ujifusa, Mack, Euer,
Quezada, Kallman, and Acosta
Date Introduced: February 13, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby 1
amended by adding thereto the following chapter: 2
CHAPTER 71 3
CUSTODIAL LAW ENFORCEMENT SEXUAL PENETRATION 4
11-71-1. Definitions. 5
The following words and phrases, when used in this chapter, have the following meanings: 6
(1) “Force or coercion” shall have the same meaning as in § 11-37-1. 7
(2) “Peace officer” shall have the same meaning as in § 12-7-21, 8
(3) “Sexual penetration” shall have the same meaning as in § 11-37-1. 9
11-71-2. Custodial law enforcement sexual penetration prohibited. 10
(a) A person is guilty of custodial law enforcement sexual penetration if he or she engages 11
in sexual penetration with another person; and 12
(1) He or she is a peace officer, and the victim has been seized, is detained, has been placed 13
in custody, has been placed under arrest, or is confined in a correctional or law enforcement facility 14
or vehicle; or 15
(2) He or she supervises the victim’s parole, probation, or community confinement. 16
(b) A person convicted of a violation of this chapter shall be punished by imprisonment for 17
a period not to exceed three (3) years. 18
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(c) A person convicted under this chapter shall not be subject to the provisions of chapter 1
37.1 of this title. 2
(d) It shall be an affirmative defense that the act of sexual penetration resulted from force 3
or coercion by the alleged victim or victims. 4
(e) Any sentence imposed under this chapter shall run concurrently with any other sentence 5
imposed for the same case. 6
SECTION 2. This act shall take effect upon passage. 7
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT S EXUAL
PENETRATION
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This act would prohibit members of law enforcement from engaging in sexual penetration 1
with individuals in their custody. The act would also provide that a person convicted of custodial 2
law enforcement sexual penetration would face imprisonment for not more than three (3) years. 3
This act would take effect upon passage. 4
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LC000270
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