RI 2007 S 739

2007 LEGISLATIVE SESSION

Rhode Island Senate Bill 739

INTRODUCED: FEBRUARY 15, 2007
SPONSOR: Doyle, Tassoni, Ruggerio
INITIAL COMMITTEE ASSIGNMENT: Senate Judiciary Committee
COMPANION: none identified

(TEXT AS FILED 02/15/07)

2007 -- S 0739

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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. 2007
   ____________
   A N A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

Introduced By: Senators Doyle, Tassoni, and Ruggerio

Date Introduced: February 15, 2007

Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1 SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly

2 Conduct" is hereby amended to read as follows:

3 11-45-1. Disorderly conduct. -- (a) A person commits disorderly conduct if he or she

4 intentionally, knowingly, or recklessly:

5 (1) Engages in fighting or threatening, or in violent or tumultuous behavior;

6 (2) In a public place or near a private residence that he or she has no right to occupy,

7 disturbs another person by making loud and unreasonable noise which under the circumstances

8 would disturb a person of average sensibilities;

9 (3) Directs at another person in a public place offensive words which are likely to

10 provoke a violent reaction on the part of the average person so addressed;

11 (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway,

12 building entrance, elevator, aisle, stairway, or hallway to whic h the public or a substantial group

13 of the public has access or any other place ordinarily used for the passage of persons, vehicles, or

14 conveyances;

15 (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,

16 procession, or gathering; or

17 (6) Enters upon the property of another and for a lascivious purpose looks into an

18 occupied dwelling or other building on the property through a window or other opening.; or

19 (7) Exposes his or her genitals to the view of others under circumstances in which his or

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1 her conduct is likely to cause affront, distress, or alarm to the other persons.

2 (b) Any person, including a police officer, may be a complainant for the purposes of

3 instituting action for any violation of this section.

4 (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a

5 term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.

6 (d) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title

7 12, are applicable, the penalties for violation of this section shall also include the penalties as

8 provided in section 12-29-5.

9 (e) In no event shall subdivisions (a)(2) -- (5) of this section be construed to prevent

10 lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor

11 dispute.

12 (f) In no event shall the provisions of this section be construed to apply to breast feeding

13 in public.

14 SECTION 2. Chapter 11-45 of the General Laws entitled "Disorderly Conduct" is hereby

15 amended by adding thereto the following section:

16 11-45-2. Indecent exposure -- Disorderly conduct. – (a) A person commits indecent

17 exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation,

18 such person intentionally, knowingly, or recklessly:

19 (1) Exposes his or her genitals to the view of another under circumstances in which his or

20 her conduct is likely to cause affront, distress, or alarm to that person;

21 (b) Any person, including a police officer, may be a complainant for the purposes of

22 instituting action for any violation of this section;

23 (c) Any person found guilty of, or pleads nolo contendere to the crime of indecent

24 exposure/disorderly conduct, shall be imprisoned for a term of not more than one year, or fined

25 not more than one thousand dollars ($1,000), or both;

26 (d) Counseling – Every person convicted of, or placed on probation for a violation of this

27 section, may be ordered to attend appropriate professional counseling to address his or her

28 behavior;

29 (e) Where the provisions of "The Domestic Violence Prevention Act", chapter 12-29 are

30 applicable, the penalties for a violation of this section shall also include the penalties as provided

31 in section 12-29-5;

32 (f) In no event shall the provisions of this section be construed to apply to breastfeeding

33 in public.

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1 SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

A N A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT

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1 This act would create the offense of indecent exposure/disorderly conduct as a

2 misdemeanor offense punishable by imprisonment of not more than one year, a fine of not more

3 than one thousand dollars ($1,000), or both.

4 This act would take effect upon passage.

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Bill history
02/15/2007 INTRODUCED, REFERRED TO SENATE JUDICIARY