reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-1.1. - Child nudity prohibited in publications.

§ 11-9-1.1. Child nudity prohibited in publications.
Every person, firm, association, or corporation which shall publish, sell, offer for sale, loan, give away, or otherwise distribute any book, magazine, pamphlet, or other publication, or any photograph, picture, or film which depicts any child, or children, under the age of eighteen (18) years and known to be under the age of eighteen (18) years of age by the person, firm, association, or corporation in a setting which taken as a whole suggests to the average person that the child, or children, is about to engage in or has engaged in, any sexual act, or which depicts any child under eighteen (18) years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, for the first offense, be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both; for any subsequent offense, by imprisonment for not more than fifteen (15) years, or by a fine of not more than fifteen thousand dollars ($15,000), or both. Provided, that artistic drawings, sketches, paintings, sculptures, or other artistic renditions, shall be exempt from the provisions of this section.
History of Section.
P.L. 1977, ch. 131, § 2; P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-1.2. - Rebuttable presumption of minority upon testimony of physician.

§ 11-9-1.2. Rebuttable presumption of minority upon testimony of physician.
Whenever any person, firm, association or corporation is charged with a violation of the provisions of this chapter, testimony by a physician, duly authorized pursuant to the provisions of § 5-37-2, that based upon the physician’s examination of the book, magazine, pamphlet, or other publication, or photograph, picture, or film which allegedly depicts any child or children under the age of eighteen (18) years, the physician is of the opinion, based upon a reasonable medical certainty, that any person depicted in it is under the age of eighteen (18) years, then there shall be created a rebuttable presumption of that fact.
History of Section.
P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-1.4. - Minor electronically disseminating indecent material to another person — “Sexting” prohibited.

§ 11-9-1.4. Minor electronically disseminating indecent material to another person — “Sexting” prohibited.
(a)
Definitions as used in this section:
(1)
“Minor” means any person not having reached eighteen (18) years of age;
(2)
“Computer” has the meaning given to that term in § 11-52-1;
(3)
“Telecommunication device” means an analog or digital electronic device which processes data, telephony, video, or sound transmission as part of any system involved in the sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;
(4)
“Indecent visual depiction” means any digital image or digital video of the minor engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image;
(5)
“Sexually explicit conduct” means actual masturbation or graphic focus on or lascivious exhibition of the nude genitals or pubic area of the minor.
(b)
No minor shall knowingly and voluntarily and without threat or coercion use a computer or telecommunication device to transmit an indecent visual depiction of himself or herself to another person.
(c)
A violation of this section shall be a status offense and referred to the family court.
(d)
Any minor adjudicated under subsection (b) shall not be charged under § 11-9-1.3 and, further, shall not be subject to sex offender registration requirements set forth in § 11-37.1-1 et seq., entitled “Sexual Offender Registration and Community Notification Act.”
History of Section.
P.L. 2011, ch. 270, § 1; P.L. 2011, ch. 295, § 1; P.L. 2012, ch. 415, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-1.6. - Child erotica prohibited.

§ 11-9-1.6. Child erotica prohibited.
(a)
Definitions as used in this section:
(1)
“Minor” means any person not having reached eighteen (18) years of age.
(2)
“Produces” means produces, directs, manufactures, issues, publishes, or advertises.
(3)
“Visual portrayal” means any visual depiction as defined in § 11-9-1.3, including, but not limited to, any photograph, film, video, picture, or computer-generated image or picture whether made or produced by electronic, mechanical, or other means.
(b)
Any person age eighteen (18) or over who knowingly and voluntarily, without threat or coercion, produces, possesses, displays, or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are used for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year, or fined not more than one thousand dollars ($1,000), or both.
(c)
Affirmative defenses.
(1)
It shall be an affirmative defense to a charge of violating this section that:
(i)
The alleged child erotica was produced using an actual person or persons who was an adult at the time the material was produced;
(ii)
The defendant promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any visual portrayal or copy of it:
(A)
Took reasonable steps to destroy each such visual portrayal; or
(B)
Reported the matter to a law enforcement agency and afforded that agency access to each such image.
(iii)
That the possessor, displayer, or distributor of child erotica is the parent or legal guardian of the child depicted in the visual portrayals and there is no competent evidence to prove an intent to use the visual portrayals for sexual gratification or sexual arousal from viewing the visual portrayals.
(d)
Severability.
If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect the other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.
History of Section.
P.L. 2021, ch. 354, § 1, effective July 12, 2021; P.L. 2021, ch. 355, § 1, effective July 12, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-2. - Employment of children for unlawful purposes.

§ 11-9-2. Employment of children for unlawful purposes.
Every person who shall take, receive, hire, employ, exhibit, or have in custody, or who shall cause to be taken, hired, employed, exhibited, or held in custody, any child under the age of sixteen (16) years, for any of the purposes prohibited in § 11-9-1, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in that section.
History of Section.
G.L. 1896, ch. 15, § 5; P.L. 1897, ch. 475, § 2; G.L. 1909, ch. 139, § 5; G.L. 1923, ch. 142, § 5; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 2; G.L. 1956, § 11-9-2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-3. - Seizure and custody of exploited child — Proceedings as against neglected child.

§ 11-9-3. Seizure and custody of exploited child — Proceedings as against neglected child.
The town sergeant of any town, the chief of police of any city, or any agent of the director of children, youth and families may enter any place where any child may be held, detained or employed in violation of §§ 11-9-1 — 11-9-8, and, without process of law, seize and detain the child and hold him or her as a witness to testify upon the trial of any person charged with violating the provisions of §§ 11-9-1 — 11-9-8; and if prior to or upon conviction of the offender, no person shall appear who is entitled to the custody of the child, the officer having the child in custody may bring proceedings against the child as a neglected child under the provisions of chapter 1 of title 14.
History of Section.
G.L. 1896, ch. 115, § 6; P.L. 1897, ch. 475, § 3; G.L. 1909, ch. 139, § 6; G.L. 1923, ch. 142, § 6; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 3; P.L. 1950, ch. 2416, § 3; G.L. 1956, § 11-9-3; P.L. 1969, ch. 242, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-4. - Contributing to delinquency.

§ 11-9-4. Contributing to delinquency.
Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to violate any law of this state, or the ordinances of any town or city in this state, or who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to be guilty of any vicious or immoral conduct, or who, being the parent, parents, legal guardian, or person having the custody or the control of any such child, permits or suffers the child to habitually associate with vicious, immoral, or criminal persons, or to grow up in ignorance, idleness, or crime, or to wander about the streets of any city or town in the nighttime without being in any lawful business or occupation, or to enter any house of ill fame, policy shop, or place where any gambling is carried on or gaming device is operated, or to enter any place where intoxicating liquors are sold, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.
History of Section.
P.L. 1908, ch. 1544, § 1; G.L. 1909, ch. 139, § 9; G.L. 1923, ch. 142, § 9; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 6; G.L. 1956, § 11-9-4.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-5. - Cruelty to or neglect of child.

§ 11-9-5. Cruelty to or neglect of child.
(a)
Every person having the custody or control of any child under the age of eighteen (18) years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing, proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton, or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse to pay the reasonable charges for the support of that child, whenever the child shall be placed by him or her in the custody of, or be assigned by any court to, any individual, association, or corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less than one year nor more than three (3) years, or be fined not exceeding one thousand dollars ($1,000), or both, and the child may be proceeded against as a neglected child under the provisions of chapter 1 of title 14.
(b)
In addition to any penalty provided in this section, any person convicted or placed on probation for this offense may be required to receive psychosociological counseling in child growth, care and development as a part of that sentence or probation. For purposes of this section, and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered an abusive or negligent parent or guardian; provided, the provisions of this section shall not: (1) exempt a parent or guardian from having committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above; (2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where his or her health requires it.
History of Section.
G.L. 1909, ch. 139, § 10; P.L. 1910, ch. 550, § 1; P.L. 1922, ch. 2214, § 1; G.L. 1923, ch. 142, § 10; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 7; G.L. 1956, § 11-9-5; P.L. 1977, ch. 128, § 1; P.L. 1979, ch. 129, § 1; P.L. 1996, ch. 155, § 1; P.L. 1998, ch. 439, § 1; P.L. 2004, ch. 270, § 2; P.L. 2004, ch. 599, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-5.1. - Investigation upon report of cruelty or neglect.

§ 11-9-5.1. Investigation upon report of cruelty or neglect.
In order to protect a child from cruelty or neglect, where any person has reasonable cause to believe that any child is being neglected or cruelly treated as defined in § 14-1-3 and reports such incident to the department of children, youth, and families, the department must cause an immediate investigation.
History of Section.
P.L. 1975, ch. 199, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-5.2. - Immunity from liability.

§ 11-9-5.2. Immunity from liability.
Any person participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from a report.
History of Section.
P.L. 1975, ch. 199, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-5.3. - Child abuse — Brendan’s Law.

§ 11-9-5.3. Child abuse — Brendan’s Law.
(a)
This section shall be known and may be referred to as “Brendan’s Law.”
(b)
Whenever a person having care of a child, as defined by § 40-11-2(2), whether assumed voluntarily or because of a legal obligation, including any instance where a child has been placed by his or her parents, caretaker, or licensed or governmental child placement agency for care or treatment, knowingly or intentionally:
(1)
Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse.
(2)
Inflicts upon a child any other physical injury, shall be guilty of second degree child abuse.
(c)
For the purposes of this section, “serious bodily injury” means physical injury that:
(1)
Creates a substantial risk of death;
(2)
Causes protracted loss or impairment of the function of any bodily parts, member or organ, including any fractures of any bones;
(3)
Causes serious disfigurement; or
(4)
Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages as signs of “shaken baby syndrome” and/or “abusive head trauma.”
(d)
For the purpose of this section, “other physical injury” is defined as any injury, other than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal punishment.
(e)
Any person who commits first degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars ($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not more than ten (10) years, nor less than five (5) years and fined not more than five thousand dollars ($5,000).
(f)
Any person who commits first degree child abuse on a child age five (5) or under shall not on the first ten (10) years of his or her sentence be afforded the benefit of suspension or deferment of sentence nor of probation for penalties provided in this section; and provided further, that the court shall order the defendant to serve a minimum of eight and one-half (8½) years or more of the sentence before he or she becomes eligible for parole.
(g)
Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits first degree child abuse shall be imprisoned for not more than forty (40) years, nor less than twenty (20) years and fined not more than twenty thousand ($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits second degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars.
History of Section.
P.L. 1995, ch. 211, § 1; P.L. 1996, ch. 130, § 1; P.L. 1996, ch. 134, § 1; P.L. 1997, ch. 139, § 1; P.L. 2001, ch. 109, § 1; P.L. 2011, ch. 271, § 1; P.L. 2011, ch. 318, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-5.4. - Child endangerment.

§ 11-9-5.4. Child endangerment.
(a)
When used in this section, the following words and phrases are construed as follows:
(1)
“Child” means any person under eighteen (18) years of age.
(2)
“Serious bodily injury” shall have the same definition as contained in § 11-5-2(c).
(3)
“Sexual abuse” means any sexual contact or penetration prohibited by chapter 37 of this title.
(b)
A person is guilty of endangering the welfare of a child when being a parent, guardian, or any other person who has custody or control of a child, the person:
(1)
Wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury to the child or sexual abuse of the child; or
(2)
Wantonly or recklessly fails to take reasonable steps to alleviate such risk to the child where there is a duty to act.
(c)
For purposes of this section, such wanton and reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that their acts, or omissions where there is a duty to act, would result in a substantial risk of serious bodily injury to the child or sexual abuse of the child for whom they have custody or control. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(d)
Any person who shall violate this section shall be guilty of a felony, and for the first offense, be imprisoned up to three (3) years or be fined not exceeding one thousand dollars ($1,000), or both.
(e)
Any person who has been previously convicted of child endangerment under this section and thereafter commits child endangerment shall be imprisoned up to ten (10) years or be fined not exceeding five thousand dollars ($5,000), or both.
History of Section.
P.L. 2022, ch. 161, § 1, effective June 27, 2022; P.L. 2022, ch. 162, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-6. - Proceedings against parents of delinquent children unaffected.

§ 11-9-6. Proceedings against parents of delinquent children unaffected.
No proceedings instituted under any of the provisions of §§ 11-9-1 — 11-9-8 shall in any manner affect or be affected by any proceedings which may be instituted under any of the provisions of chapter 9 of title 15.
History of Section.
G.L. 1909, ch. 139, § 11; P.L. 1910, ch. 550, § 1; G.L. 1923, ch. 142, § 11; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 8; G.L. 1956, § 11-9-6.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-7. - Children’s Friend and Service excused from costs.

§ 11-9-7. Children’s Friend and Service excused from costs.
Whenever any agent of the Children’s Friend and Service shall make complaint against any person for any of the offenses mentioned in §§ 11-9-1 — 11-9-8, the agent shall not be required to enter into any recognizance for costs. All costs and expenses attending the making of any complaint by any agent of the service and the proceedings on it under the provisions of §§ 11-9-1 — 11-9-8, or under the provisions of chapter 1 of title 14, shall be paid by the state.
History of Section.
G.L. 1896, ch. 115, § 7; P.L. 1897, ch. 475, § 4; P.L. 1908, ch. 1540, § 4; G.L. 1909, ch. 139, § 7; G.L. 1923, ch. 142, § 7; P.L. 1926, ch. 844, § 1; G.L. 1938, ch. 425, § 4; P.L. 1950, ch. 2416, § 3; G.L. 1956, § 11-9-7.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-8. - Appropriations for prevention of cruelty to children.

§ 11-9-8. Appropriations for prevention of cruelty to children.
The general assembly shall annually appropriate any sum that it may deem necessary, out of any money in the treasury not otherwise appropriated, to be expended by the department of children, youth and families for the purpose of preventing cruelty to children, and the department may, in its discretion, pay the sum to the Children’s Friend and Service for that purpose, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be required upon receipt by the state controller of proper vouchers approved by the director of the department.
History of Section.
G.L. 1896, ch. 115, § 8; G.L. 1909, ch. 139, § 8; G.L. 1923, ch. 142, § 8; P.L. 1923, ch. 431, § 2; P.L. 1926, ch. 844, § 1; P.L. 1929, ch. 1374, § 4; G.L. 1938, ch. 425, § 5; impl. am. P.L. 1939, ch. 660, §§ 65, 80; P.L. 1950, ch. 2416, § 3; G.L. 1956, § 11-9-8.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-9. - Powers of family court.

§ 11-9-9. Powers of family court.
Where in §§ 11-9-1 — 11-9-8 any authority is vested in any court, the authority vested in the court or courts mentioned is transferred to the family court. The family court shall have exclusive original jurisdiction over any and all complaints and offenses set forth in §§ 11-9-2, 11-9-4, 11-9-8, 11-9-12, 11-9-14 [repealed], and 11-9-15, and shall have the authority to impose sentence as set forth in chapter 1 of title 14. Notwithstanding the provisions of this section, jurisdiction for violations of §§ 11-9-1, 11-9-1.1, 11-9-1.2, 11-9-1.3, 11-9-1.5, 11-9-5, 11-9-5.3, and 11-9-5.4 shall be vested in the superior court.
History of Section.
P.L. 1944, ch. 1441, § 36; G.L. 1956, § 11-9-9; P.L. 1961, ch. 73, § 4; P.L. 2004, ch. 586, § 2; P.L. 2004, ch. 612, § 2; P.L. 2006, ch. 260, § 1; P.L. 2006, ch. 290, § 1; P.L. 2017, ch. 157, § 1; P.L. 2017, ch. 163, § 1; P.L. 2018, ch. 40, § 1; P.L. 2018, ch. 44, § 1; P.L. 2023, ch. 67, § 1, effective June 14, 2023; P.L. 2023, ch. 68, § 1, effective June 14, 2023.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-10. - Abandonment of refrigerator in place accessible to children.

§ 11-9-10. Abandonment of refrigerator in place accessible to children.
Whoever, having been the owner of any refrigerator, icebox, chest, or other similar article, abandons that refrigerator, icebox, chest, or other similar article in any place accessible to children if the abandoned unit has an attached lid or door which cannot be opened easily from the inside, and who fails to remove the door or doors from it before abandoning the unit, unless the unit may be easily opened from the inside, shall upon conviction be punished by a fine of not more than one hundred dollars ($100).
History of Section.
P.L. 1955, ch. 3523, § 1; G.L. 1956, § 11-9-10.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-11. - Designation of curfew streets.

§ 11-9-11. Designation of curfew streets.
The police commissioners of any city or town having a police commission, and the chief of police of any other city or town, may designate certain streets in the city or town as curfew streets. No minor under sixteen (16) years of age shall be allowed to loiter on any curfew street after 9 o’clock (9:00) p.m., unless accompanied by some adult person.
History of Section.
P.L. 1911, ch. 718, § 1; G.L. 1923, ch. 399, § 43; G.L. 1938, ch. 610, § 43; G.L. 1956, § 11-9-11.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-12. - Penalty for loitering on curfew street.

§ 11-9-12. Penalty for loitering on curfew street.
Any minor under sixteen (16) years of age, not accompanied by an adult person, who shall loiter on any curfew street after being directed by any police constable to cease loitering, shall be fined not exceeding five dollars ($5.00).
History of Section.
P.L. 1911, ch. 718, § 2; G.L. 1923, ch. 399, § 44; G.L. 1938, ch. 610, § 44; G.L. 1956, § 11-9-12.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13. - Sale or delivery of tobacco products, including electronic nicotine-delivery system products to individuals under twenty-one (21) — Posting notice of law.

§ 11-9-13. Sale or delivery of tobacco products, including electronic nicotine-delivery system products to individuals under twenty-one (21) — Posting notice of law.
No person shall sell, give, or deliver to any individual under twenty-one (21) years of age, any tobacco product in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as “blunts,” unflavored “blunts,” flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, snuff, electronic nicotine-delivery system products, or any and all products as defined in § 44-20-1. Any person, firm, or corporation that owns, manages, or operates a place of business in which tobacco products are sold, including sales through tobacco product vending machines, shall post notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (⅜″) high.
History of Section.
G.L. 1896, ch. 281, § 28; G.L. 1909, ch. 347, § 29; G.L. 1923, ch. 399, § 28; G.L. 1938, ch. 610, § 28; G.L. 1956, § 11-9-13; P.L. 1987, ch. 84, § 1; P.L. 1988, ch. 159, § 1; P.L. 1996, ch. 321, § 2; P.L. 2001, ch. 124, § 1; P.L. 2001, ch. 149, § 1; P.L. 2011, ch. 88, § 1; P.L. 2011, ch. 98, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.2. - Short title.

§ 11-9-13.2. Short title.
§§ 11-9-13.2 — 11-9-13.19 shall be cited as “An Act to Stop the Illegal Sale of Tobacco Products to Individuals Under Twenty-One (21) Years of Age.”
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.3. - Legislative intent — Purpose.

§ 11-9-13.3. Legislative intent — Purpose.
The use of tobacco by Rhode Island children is a health and substance abuse problem of the utmost severity. The legislature finds that tobacco product usage by children in Rhode Island is rampant and increasing with over thirty percent (30%) of high school students smoking. The present law prohibiting the sale of tobacco to children is being ignored by many retailers. Rhode Island tobacco retailers illegally sell four million eight hundred thousand (4,800,000) packs, over eleven million dollars ($11,000,000) in tobacco product sales, to children annually. Tobacco industry advertising targets children as the replacement smokers for the one thousand one hundred forty-five (1,145) adults who die daily from tobacco product usage. Approximately seventy percent (70%) of the Rhode Island high school seniors who are smoking today will be the addicted adult smokers of tomorrow. According to the federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical costs in Rhode Island in 1990 climbed to one hundred eighty-six million dollars ($186,000,000). This is an ongoing, escalating financial burden borne by every business, large and small, and every person, smoker and nonsmoker, in Rhode Island. This is a health and economic drain created by each new generation of children who begin using tobacco products and become addicted to nicotine. It is the intent of this legislation to preserve and protect the health of children by: (1) stopping the illegal sale of tobacco to children, and (2) by severely punishing those who disregard the laws relating to the illegal sale of tobacco products to children.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.5. - Responsibility for tobacco or health issues.

§ 11-9-13.5. Responsibility for tobacco or health issues.
The Rhode Island department of behavioral healthcare, developmental disabilities and hospitals shall develop, monitor, and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products which include electronic nicotine-delivery system products to individuals under twenty-one (21) years of age.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2001, ch. 391, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.7. - Signs concerning sales to individuals under age twenty-one (21).

§ 11-9-13.7. Signs concerning sales to individuals under age twenty-one (21).
Signs provided by the department of behavioral healthcare, developmental disabilities and hospitals, or an exact duplicate of it made privately, shall:
(1)
Contain in red bold lettering a minimum of three-eighths inch (
3
/
8
″) high on a white background the following wording in both English and Spanish:
THE SALE OF TOBACCO PRODUCTS,
INCLUDING CIGARETTES AND
ELECTRONIC NICOTINE-DELIVERY SYSTEM
PRODUCTS
TO INDIVIDUALS UNDER THE AGE OF 21
IS AGAINST RHODE ISLAND LAW
(§ 11-9-13.8(1), Rhode Island Statutes)
PHOTO ID FOR PROOF OF AGE IS
REQUIRED FOR PURCHASE.
(2)
Contain the phone number at the department of behavioral healthcare, developmental disabilities and hospitals, where violations of §§ 11-9-13.2 — 11-9-13.19 can be reported, in addition to any other information required by the department of behavioral healthcare, developmental disabilities and hospitals.
(3)
Be displayed prominently for public view, wherever tobacco products, including electronic nicotine-delivery system products, are sold at each cash register, each tobacco product vending machine, including each electronic nicotine-delivery system product vending machine, or any other place from which tobacco products, including electronic nicotine-delivery system products, are sold. The signs shall be electronically available in both English and Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals’ website.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2001, ch. 391, § 1; P.L. 2013, ch. 336, § 1; P.L. 2013, ch. 429, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.8. - Prohibitions applicable to license holders and their employees and agents.

§ 11-9-13.8. Prohibitions applicable to license holders and their employees and agents.
A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco product, including an electronic nicotine-delivery system product:
(1)
To any individual who is under twenty-one (21) years of age; or
(2)
In any form other than an original, factory-wrapped package as sealed and certified by the manufacturer; or
(3)
As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece known as “loosies.”
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.8.1. - Signs concerning the health effects of tobacco.

§ 11-9-13.8.1. Signs concerning the health effects of tobacco.
Signs provided by the department of behavioral healthcare, developmental disabilities and hospitals, or an exact duplicate of it made privately, shall:
(1)
Contain in red bold lettering a minimum of one-quarter of an inch (¼″) high on a white background the following wording, in both English and Spanish:
WARNING: SMOKING CIGARETTES CONTRIBUTES TO LUNG DISEASE, CANCER, HEART DISEASE, STROKE AND RESPIRATORY ILLNESS AND DURING PREGNANCY MAY RESULT IN LOW BIRTH WEIGHT AND PREMATURE BIRTH.
(2)
The signs shall also include information regarding resources available to Rhode Island residents who would like to quit smoking.
(3)
The signs shall be displayed prominently for public view wherever tobacco products are sold at each cash register, each tobacco vending machine, or any other place from which tobacco products are sold. The signs shall be electronically available in both English and Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals’ website.
(4)
The department of behavioral healthcare, developmental disabilities and hospitals shall have the power and authority to develop and disseminate signs pursuant to the requirements of this section for other tobacco products, including electronic nicotine-delivery system products. The messaging included in the signs shall be based on the most current scientific evidence.
History of Section.
P.L. 2013, ch. 336, § 2; P.L. 2013, ch. 429, § 2; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.9. - Multiple citations prohibited.

§ 11-9-13.9. Multiple citations prohibited.
No person shall be liable under this chapter for more than one citation on any one day. However, a single citation may list one or more violations of this chapter.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.10. - Prohibition on the distribution of free tobacco products, including electronic nicotine-delivery system products.

§ 11-9-13.10. Prohibition on the distribution of free tobacco products, including electronic nicotine-delivery system products.
The distribution and/or redemption of free tobacco products, including electronic nicotine-delivery system products or coupons or vouchers redeemable for free or discounted tobacco products, including electronic nicotine-delivery system products, to any individual under twenty-one (21) years of age shall be prohibited. Further, the distribution and/or redemption of free tobacco products, including electronic nicotine-delivery system products or coupons or vouchers redeemable for free or discounted tobacco products, including electronic nicotine-delivery system products, shall be prohibited, regardless of the age of the individual to whom the products, coupons, or vouchers are distributed, within five hundred feet (500′) of any school. The attorney general, or any local or state of Rhode Island police department, or their officers or agents, shall bring an action for any violation of this section. Every separate, free or discounted tobacco product, including an electronic nicotine-delivery system product or coupon or voucher redeemable for a free or discounted tobacco product, including an electronic nicotine-delivery system or product, in violation of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be assessed against the person or individual responsible for initiating the Rhode Island distribution of the free or discounted tobacco products, including electronic nicotine-delivery system products or coupons or vouchers redeemable for free or discounted tobacco products, including electronic nicotine-delivery system products, and/or against the person or individual responsible for the redemption of such coupons or vouchers.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2017, ch. 409, § 2; P.L. 2017, ch. 426, § 2; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.12. - Enforcement and penalties — Citation for violation.

§ 11-9-13.12. Enforcement and penalties — Citation for violation.
(a)
Any local or state of Rhode Island police department or the attorney general, their officers or agents, shall issue a citation for any violation of the requirements or prohibitions of this chapter.
(b)
The license holder receiving the citation may elect to plead guilty to the violation(s) and pay the fine(s) through the mail within ten (10) days, or appear in court to answer to the citation.
(c)
All recipients of third and subsequent citations within any thirty-six (36) month period shall appear in court for a hearing on the citation.
(d)
The failure of a license holder to either pay the citation through the mail within ten (10) days, where permitted under this section, or to appear in court on the date specified shall be cause for the court to hold the license holder in contempt of court with the penalty assessed a suspension of license for six (6) months and a five hundred dollar ($500) fine.
(e)
The court shall impose court costs and any other court fee(s) on anyone convicted in court of a violation of this section.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.14. - Notification to the Department of Taxation of fines imposed.

§ 11-9-13.14. Notification to the Department of Taxation of fines imposed.
The court shall maintain records of any penalty, fine or suspension imposed under this chapter and notify within sixty (60) days the tax administrator of the penalty, fine or suspension imposed.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.15. - Penalty for operating without a dealer license.

§ 11-9-13.15. Penalty for operating without a dealer license.
(a)
Any individual or business who or that violates this chapter by selling or conveying a tobacco product without a retail tobacco products dealer license shall be cited for that violation and shall be required to appear in court for a hearing on the citation.
(b)
Any individual or business cited for a violation under this section of this chapter shall:
(1)
Either post a two-thousand-five-hundred-dollar ($2,500) bond with the court within ten (10) days of the citation; or
(2)
Sign and accept the citation indicating a promise to appear in court.
(c)
An individual or business who or that has accepted the citation may:
(1)
Pay a ten-thousand-dollar ($10,000) fine, either by mail or in person, within ten (10) days after receiving the citation; or
(2)
If that individual or business has posted a bond, forfeit the bond by not appearing at the scheduled hearing. If the individual or business cited pays the ten-thousand-dollar ($10,000) fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation and to have waived the right to a hearing on the issue of commission on the violation.
(d)
The court after a hearing on a citation shall make a determination as to whether a violation has been committed. If it is established that the violation did occur, the court shall impose a ten-thousand-dollar ($10,000) fine, in addition to any court costs or other court fees.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2014, ch. 151, § 2; P.L. 2014, ch. 168, § 2; P.L. 2016, ch. 512, art. 1, § 4.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.16. - Rules and regulations.

§ 11-9-13.16. Rules and regulations.
The department of behavioral healthcare, developmental disabilities and hospitals shall promulgate the rules and regulations necessary to fulfill the intent of §§ 11-9-13.2 — 11-9-13.20.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2000, ch. 109, § 5; P.L. 2001, ch. 391, § 1; P.L. 2017, ch. 409, § 2; P.L. 2017, ch. 426, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.17. - Fines collected.

§ 11-9-13.17. Fines collected.
(a)
One-half (½) of all the fines collected pursuant to §§ 11-9-13.2 — 11-9-13.20 shall be transferred to the municipalities in which the citation originated.
(b)
One-half (½) of all the fines collected pursuant to §§ 11-9-13.2 — 11-9-13.20 shall be transferred to the general fund.
History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2017, ch. 409, § 2; P.L. 2017, ch. 426, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.18. - Prohibition on the sale or distribution of certain excise tax stamps.

§ 11-9-13.18. Prohibition on the sale or distribution of certain excise tax stamps.
The division of taxation shall not sell or distribute cigarette excise tax stamps, or permit the use of a metering machine as described in § 44-20-20 for any cigarette product packaged with less than twenty (20) cigarettes per package. The sale or distribution of cigarettes in packages of less than twenty (20) is prohibited.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.19. - Severability.

§ 11-9-13.19. Severability.
If any provision of this chapter or the application of it to any individual or circumstances is held invalid in a court test, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1996, ch. 321, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-13.20. - Packaging of electronic nicotine-delivery system liquid.

§ 11-9-13.20. Packaging of electronic nicotine-delivery system liquid.
(a)
No liquid, whether or not such liquid contains nicotine, that is intended for human consumption and used in an electronic nicotine-delivery system, as defined in § 11-9-13.4, shall be sold unless the liquid is contained in child-resistant packaging.
(b)
Any liquid nicotine container that is sold at retail in this state must satisfy the child-resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b), when tested in accordance with the method described in 16 C.F.R. § 1700.20. All licensees under § 23-1-56 shall ensure that any liquid sold by the licensee intended for human consumption and used in an electronic-nicotine delivery system, as defined in § 11-9-13.4, is sold in a liquid nicotine container that meets the requirements described and referenced in this subsection.
(c)
For the purposes of this section, “liquid nicotine container” means a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product. A “liquid nicotine container” does not include a liquid or other substance in a cartridge that is sold, marketed, or intended for use in a vapor product, provided that such cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
(d)
Any licensee or any person required to be licensed under § 23-1-56 who or that fails to comply with this section shall be subject to the penalties provided in § 11-9-13.13.
(e)
The licensee is responsible for all violations of this section that occur at the location for which the license is issued.
(f)
No licensee or person shall be found in violation of this section if the licensee or person relied in good faith on documentation provided by or attributed to the manufacturer of the packaging of the aforementioned liquid that such packaging meets the requirements of this section.
History of Section.
P.L. 2017, ch. 409, § 1; P.L. 2017, ch. 426, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-14. - [Repealed.]

§ 11-9-14. [Repealed.]
History of Section.
G.L. 1896, ch. 281, § 29; G.L. 1909, ch. 347, § 30; G.L. 1923, ch. 399, § 29; G.L. 1938, ch. 610, § 29; G.L. 1956, § 11-9-14; P.L. 2001, ch. 124, § 1; P.L. 2001, ch. 148, § 1; P.L. 2001, ch. 149, § 1; P.L. 2005, ch. 251, § 1; P.L. 2007, ch. 426, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; repealed by P.L. 2021, ch. 204, § 3, effective July 7, 2021; repealed by P.L. 2021, ch. 205, § 3, effective July 7, 2021.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-9 - Children › Section 11-9-14.1. - Compliance with federal statutes and regulations.

§ 11-9-14.1. Compliance with federal statutes and regulations.
The provisions of §§ 11-9-13, 11-9-13.1, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, 11-9-13.11, and 11-9-13.12 shall be interpreted so as not to be less restrictive than the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 387 et seq., including 21 U.S.C. § 387f(d), or than Section 1926 of the federal Public Health Service Act, 42 U.S.C. § 300x-26, or than any regulation promulgated or updated by the United States Food and Drug Administration or the United States Secretary of Health and Human Services arising from the acts; so as to comply with the provisions of the acts and related regulations in regard to prohibiting the sale of tobacco products, including electronic nicotine-delivery system products to individuals under the age of twenty-one (21) years; and so that the state may maintain qualification for federal funding regarding tobacco, the use and cessation of tobacco, including electronic nicotine-delivery system products. Nothing herein shall prohibit the state from enacting a statute or promulgating a regulation that is more restrictive than any provision of 21 U.S.C. § 387 et seq., or any provision of 42 U.S.C. § 300x-26.
History of Section.
P.L. 2021, ch. 204, § 2, effective July 7, 2021; P.L. 2021, ch. 205, § 2, effective July 7, 2021.