reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67 - Trafficking of Persons and Involuntary Servitude › Section 11-67-8. - Repealed.

§ 11-67-8. Repealed.
History of Section.
P.L. 2009, ch. 188, § 2; P.L. 2009, ch. 192, § 2; Repealed by P.L. 2017, ch. 232, § 1, effective July 18, 2017; P.L. 2017, ch. 260, § 1, effective July 19, 2017.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-1. - Short title.

§ 11-67.1-1. Short title.
This chapter shall be known and cited as the “Uniform Act on Prevention of and Remedies for Human Trafficking.”
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-3. - Trafficking an individual.

§ 11-67.1-3. Trafficking an individual.
(a)
A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of:
(1)
Forced labor in violation of § 11-67.1-4; or
(2)
Sexual servitude in violation of § 11-67.1-5.
(b)
Every person who shall commit trafficking of a minor shall be guilty of a felony, subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars ($40,000), or both.
(c)
Every person who shall commit trafficking of an adult shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-4. - Forced labor.

§ 11-67.1-4. Forced labor.
(a)
A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when such conduct is permissible under federal law or law of this state other than this chapter.
(b)
Every person who shall commit forced labor of a minor shall be guilty of a felony, subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars ($40,000), or both.
(c)
Every person who shall commit forced labor of an adult shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-5. - Sexual servitude.

§ 11-67.1-5. Sexual servitude.
(a)
A person commits the offense of sexual servitude if the person knowingly:
(1)
Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or
(2)
Uses coercion or deception to compel an adult to engage in commercial sexual activity.
(b)
It is not a defense in a prosecution under subsection (a)(1) of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.
(c)
Every person who shall commit sexual servitude of a minor shall be guilty of a felony, subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars ($40,000), or both.
(d)
Every person who shall commit sexual servitude of an adult shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-6. - Patronizing a victim of sexual servitude.

§ 11-67.1-6. Patronizing a victim of sexual servitude.
(a)
A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the other individual is a victim of sexual servitude.
(b)
Every person who shall patronize a minor for purposes of sexual servitude of a minor shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.
(c)
Every person who shall patronize an adult for purposes of sexual servitude of an adult shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a fine of up to ten thousand dollars ($10,000), or both.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-7. - Patronizing a minor for commercial sexual activity.

§ 11-67.1-7. Patronizing a minor for commercial sexual activity.
(a)
A person commits the offense of patronizing a minor for commercial sexual activity if:
(1)
With the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so that the individual may engage in commercial sexual activity with a minor; or
(2)
The person gives, agrees to give, or offers to give anything of value to a minor or another person so that an individual may engage in commercial sexual activity with a minor.
(b)
Every person who shall patronize a minor for purposes of commercial sexual activity with a minor shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-8. - Business entity liability.

§ 11-67.1-8. Business entity liability.
(a)
A person that is a business entity may be prosecuted for an offense under §§ 11-67.1-3 — 11-67.1-7 only if:
(1)
The entity knowingly engages in conduct that constitutes human trafficking; or
(2)
An employee or nonemployee agent of the entity engages in conduct that constitutes human trafficking and the conduct is part of a pattern of activity in violation of this chapter for the benefit of the entity, which the entity knew was occurring and failed to take effective action to stop.
(b)
When a person that is a business entity is prosecuted for an offense under §§ 11-67.1-3 — 11-67.1-7, the court may consider the severity of the entity’s conduct and order penalties in addition to those otherwise provided for the offense, including:
(1)
A fine of not more than fifty thousand dollars ($50,000) per offense;
(2)
Disgorgement of profit from activity in violation of this chapter; and
(3)
Debarment from state and local government contracts.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-9. - Aggravating circumstance.

§ 11-67.1-9. Aggravating circumstance.
(a)
An aggravating circumstance during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 occurs when:
(1)
The defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless; or
(2)
Kidnaps, holds hostage, or otherwise keeps the victim against his or her will.
(b)
Whenever it appears that a person may be subject to the enhanced sentence pursuant to this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.
(c)
Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing to determine if evidence of aggravating circumstances exist. At the hearing, the court shall permit the attorney general and the defense counsel to present additional evidence to the jury relevant to the determination of whether aggravating circumstances exist. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere the court at sentencing, determines beyond a reasonable doubt that aggravating circumstances exist, they shall be sentenced as provided in subsection (d) of this section.
(d)
If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5, the defendant may be imprisoned for up to five (5) years in addition to the period of imprisonment prescribed for the offense. Any such sentence may run consecutively to any other sentence imposed.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-10. - Restitution.

§ 11-67.1-10. Restitution.
(a)
The court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to pay restitution to the victim of the offense for:
(1)
Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorneys’ fees and costs; and
(2)
An amount equal to the greatest of the following, with no reduction for expenses the defendant incurred to maintain the victim:
(i)
The gross income to the defendant for, or the value to the defendant of, the victim’s labor or services or sexual activity;
(ii)
The amount the defendant contracted to pay the victim; or
(iii)
The value of the victim’s labor or services or sexual activity, calculated under the minimum-wage and overtime provisions of the “Fair Labor Standards Act,” 29 U.S.C. § 201 et seq., or subsection (a)(2) of this section, whichever is greater, even if the provisions do not apply to the victim’s labor or services or sexual activity.
(b)
The court shall order restitution under subsection (a) of this section even if the victim is unavailable to accept payment of restitution.
(c)
If the victim does not claim restitution ordered under subsection (a) of this section for five (5) years after entry of the order, the restitution must be paid to the criminal injuries compensation fund, as established in chapter 25 of title 12.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-11. - Forfeiture.

§ 11-67.1-11. Forfeiture.
(a)
On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that:
(1)
Was used or intended to be used to commit or facilitate the commission of the offense; or
(2)
Constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense.
(b)
In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence.
(c)
Proceeds from the public sale or auction of property forfeited under subsection (a) of this section must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures act pursuant to §§ 21-28-5.04.1 and 21-28-5.04.2.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-12. - Statute of limitations.

§ 11-67.1-12. Statute of limitations.
A prosecution for an offense under this chapter must be commenced not later than ten (10) years after commission of the offense.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-13. - Victim confidentiality.

§ 11-67.1-13. Victim confidentiality.
In an investigation of or a prosecution for an offense under this chapter, every agency of state or local government shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is:
(1)
Necessary for the purpose of investigation or prosecution;
(2)
Required by law or court order; or
(3)
Necessary to ensure provision of services or benefits to the victim or the victim’s family.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-14. - Past sexual behavior of victim.

§ 11-67.1-14. Past sexual behavior of victim.
In a prosecution for an offense under this chapter or a civil action under § 11-67.1-18, evidence of a specific instance of the alleged victim’s past sexual behavior or reputation, or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is:
(1)
Admitted in accordance with § 11-37-13; or
(2)
Offered by the prosecution to prove a pattern of human trafficking by the defendant.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-15. - Immunity of minor.

§ 11-67.1-15. Immunity of minor.
(a)
An individual is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim.
(b)
An individual who has engaged in commercial sexual activity is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense.
(c)
A minor who under subsection (a) or (b) of this section is not subject to criminal liability or a delinquency proceeding in family court is presumed to be an abused and/or neglected child as defined in § 40-11-2.
(d)
This section does not apply in a prosecution or a delinquency proceeding for patronizing a prostitute.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-16. - Affirmative defense of victim.

§ 11-67.1-16. Affirmative defense of victim.
An individual charged with prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may assert an affirmative defense that the individual is a victim.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-17. - Motion to vacate and expunge conviction.

§ 11-67.1-17. Motion to vacate and expunge conviction.
(a)
An individual convicted of prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may apply by motion to the court having jurisdiction over the offense to vacate the conviction and seal or expunge the record of conviction. The court may grant the motion after a hearing and upon a finding that the individual’s participation in the offense was a direct result of being a victim.
(b)
An official determination or documentation from a federal, state, local, or tribal agency that the individual was a victim at the time of the offense creates a presumption that the individual’s participation was a direct result of being a victim.
(c)
A motion filed under subsection (a) of this section, any hearing conducted on the motion, and any relief granted shall be conducted in accordance with the provisions of §§ 12-1-12, 12-1-12.1, and 12-1-12.2, or chapter 1.3 of title 12.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-18. - Civil action.

§ 11-67.1-18. Civil action.
(a)
A victim may bring a civil action against a person who or that commits an offense against the victim under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.
(b)
If a victim prevails in an action under this section, the court shall award the victim reasonable attorneys’ fees and costs.
(c)
An action under this section must be commenced not later than ten (10) years after the later of the date on which the victim:
(1)
No longer was subject to human trafficking; or
(2)
Attained eighteen (18) years of age.
(d)
Damages awarded to a victim under this section for an item must be offset by any restitution paid to the victim pursuant to § 11-67.1-10.
(e)
This section does not preclude any other remedy available to a victim under federal law or other general or public law of this state other than this chapter.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-19. - Council on human trafficking.

§ 11-67.1-19. Council on human trafficking.
(a)
The council on human trafficking is created in the executive branch. The governor shall appoint the chair and members of the council. Members must include representatives of:
(1)
Department of the attorney general, the department of health, the department of children, youth and families, the department of behavioral healthcare, developmental disabilities and hospitals, and law enforcement, that have contact with victims or perpetrators;
(2)
Nongovernmental organizations that represent, advocate for, or provide services to victims; and
(3)
Other organizations and individuals, including victims, whose expertise would benefit the council.
(b)
The state agencies represented on the council created under this section shall provide staff to the council.
(c)
The council created under this section shall meet on a regular basis and:
(1)
Develop a coordinated and comprehensive plan to provide victims with services;
(2)
Collect and evaluate data on human trafficking in this state and submit an annual report to the governor and legislature;
(3)
Promote public awareness about human trafficking, victim remedies and services, and trafficking prevention;
(4)
Create a public awareness sign that contains the state and national human trafficking resource center hotline information;
(5)
Coordinate training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators; and
(6)
Conduct other appropriate activities.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-20. - Display of public-awareness sign — Penalty for failure to display.

§ 11-67.1-20. Display of public-awareness sign — Penalty for failure to display.
(a)
Any public or quasi-public transportation agency shall display a public-awareness sign that contains the state and national human trafficking resource center hotline information in every transportation station, rest area, and welcome center in the state that is open to the public.
(b)
An employer shall display the public-awareness sign described in subsection (a) of this section in a place that is clearly conspicuous and visible to employees and the public at each of the following locations in this state at which the employer has employees:
(1)
A strip club or other sexually-oriented business;
(2)
A business entity previously found to be a nuisance for prostitution;
(3)
A job-recruitment center;
(4)
A hospital; or
(5)
An emergency-care provider.
(c)
The department of labor and training shall impose a fine of three hundred dollars ($300) per violation on an employer that knowingly fails to comply with subsection (b) of this section. The fine shall be the exclusive remedy for failure to comply.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-21. - Eligibility for benefit or service.

§ 11-67.1-21. Eligibility for benefit or service.
(a)
A victim is eligible for a benefit or service available through the state in any plan established by the council on human trafficking [and identified in the plan developed under § 11-67.1-19(c)(1)], including compensation under the criminal injuries compensation act pursuant to chapter 25 of title 12, regardless of immigration status.
(b)
A minor who has engaged in commercial sexual activity is eligible for a benefit or service available through the state in any plan established by the council on human trafficking, regardless of immigration status.
(c)
As soon as practicable after a first encounter with an individual who reasonably appears to any state or local agency to be a victim or a minor who has engaged in commercial sexual activity, the agency shall notify the department of attorney general, a state or local law enforcement agency, or the department of health that the individual may be eligible for a benefit or service pursuant to this chapter.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-22. - Law enforcement protocol.

§ 11-67.1-22. Law enforcement protocol.
(a)
On request from an individual whom a law enforcement officer or agent thereof reasonably believes is a victim who is, or has been, subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. § 1101(a)(15)(T), or 8 U.S.C. § 1101(a)(15)(U), or for continued presence under 22 U.S.C. § 7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the United States Citizenship and Immigration Services on its Internet website and request assistance from the local Immigration and Naturalization office.
(b)
If the law enforcement agency or officer determines that an individual does not meet the requirements for the agency to comply with subsection (a) of this section, the agency shall inform the individual of the reason and that the individual may make another request under subsection (a) of this section and submit additional evidence satisfying the requirements.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-23. - Grant to or contract with service provider.

§ 11-67.1-23. Grant to or contract with service provider.
(a)
To the extent that funds are appropriated for this purpose, the council on human trafficking may make a grant to, or contract with, a unit of state or local government or nongovernmental victim’s service organization to develop or expand service programs for victims.
(b)
A recipient of a grant or contract under subsection (a) of this section shall report annually to the council on human trafficking the number and demographic information of all victims receiving services under the grant or contract.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-24. - Uniformity of application and construction.

§ 11-67.1-24. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-25. - Severability.

§ 11-67.1-25. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking › Section 11-67.1-26. - Effect of repeal on criminal prosecutions.

§ 11-67.1-26. Effect of repeal on criminal prosecutions.
(a)
For the purposes of this chapter, the term “event” means and includes any conduct, investigation, suit, prosecution, complaint, information, or indictment related to violations committed before the date of repeal of chapter 67 of title 11.
(b)
No event occurring or committed under chapter 67 of title 11, as repealed, shall in any case be affected by the repeal.
(c)
All of the events may be proceeded with pursuant to chapter 67 of title 11, which shall be deemed to be in force for the purpose of prosecuting any of the events to final judgment and execution or sentence, as the case may be.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-68 - Exploitation of Elder Persons › Section 11-68-1. - Definitions.

§ 11-68-1. Definitions.
As used in this chapter:
(1)
“Business relationship” means a relationship between two (2) or more individuals or entities where there exists an oral or written contract or agreement for goods or services.
(2)
“Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elder person. Caregiver includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, healthcare providers, and employees and volunteers of elder care facilities.
(3)
“Deception” means misrepresenting or concealing a material fact relating to:
(i)
Services rendered, disposition of property, or use of property, when such services or property are intended to benefit an elder person; or
(ii)
Terms of a contract or agreement entered into with an elder person; or
(iii)
An existing or preexisting condition of any property involved in a contract or agreement entered into with an elder person; or
(iv)
Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit an elder person to enter into a contract or agreement.
(4)
“Elder person” means a person sixty (60) years of age or older.
(5)
“Intimidation” means the communication by word or act to an elder person that the elder person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.
(6)
“Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, short-term memory loss, or other cause, that causes an elder person to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elder person’s person or property.
(7)
“Position of trust and confidence” with respect to an elder person means the position of a person who:
(i)
Is a spouse, adult child, or other relative by blood or marriage of the elder person;
(ii)
Is a joint tenant or tenant in common with the elder person;
(iii)
Has a legal or fiduciary relationship with the elder person including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;
(iv)
Is the caregiver of the elder person; or
(v)
Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elder person’s funds, assets, or property.
History of Section.
P.L. 2008, ch. 161, § 2; P.L. 2008, ch. 204, § 2; P.L. 2022, ch. 77, § 1, effective June 15, 2022; P.L. 2022, ch. 78, § 1, effective June 15, 2022.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-68 - Exploitation of Elder Persons › Section 11-68-2. - Exploitation of an elder person.

§ 11-68-2. Exploitation of an elder person.
(a)
A person is guilty of exploitation of an elder person if that person:
(1)
Knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, an elder person’s funds, assets or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets or property, or to benefit someone other than the elder person by a person who:
(i)
Stands in a position of trust and confidence with the elder person; or
(ii)
Has a business relationship with the elder person; or
(2)
Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use an elder person’s funds, assets, or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elder person, by a person who knows or reasonably should know that the elder person lacks the capacity to consent.
(b)
Any person who shall exploit an elder person as defined in this chapter shall be guilty of a felony.
History of Section.
P.L. 2008, ch. 161, § 2; P.L. 2008, ch. 204, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-68 - Exploitation of Elder Persons › Section 11-68-3. - Penalties for violations.

§ 11-68-3. Penalties for violations.
(a)
Any person convicted of exploiting an elder person as provided under this chapter shall be punished as follows:
(1)
If the funds, assets, or property involved in the exploitation of the elder person are valued at less than five hundred dollars ($500), the person shall be subject to imprisonment for not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or both.
(2)
If the funds, assets, or property involved in the exploitation of the elder person are valued at five hundred dollars ($500) or more, but less than one hundred thousand dollars ($100,000), the person shall be subject to imprisonment for not more than fifteen (15) years or by a fine of not more than ten thousand dollars ($10,000) or both.
(3)
If the funds, assets, or property involved in the exploitation of the elder person are valued at one hundred thousand dollars ($100,000) or more, the person shall be subject to imprisonment for not more than thirty (30) years or by a fine of not more than fifteen thousand dollars ($15,000) or both.
History of Section.
P.L. 2008, ch. 161, § 2; P.L. 2008, ch. 204, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-70 - False Representation of Military Status › Section 11-70-1. - False representation of military status prohibited — Stolen valor.

§ 11-70-1. False representation of military status prohibited — Stolen valor.
(a)
A person commits the crime of stolen valor if he or she knowingly, with the intent to obtain money or property:
(1)
Fraudulently represents himself or herself to be an active member or veteran of the United States Navy, Army, Air Force, Marines, or Coast Guard, including armed forces reserves and National Guard, through the unauthorized manufacture, sale, or use of military regalia or gear, including the wearing of military uniforms, or the use of falsified military identification, and obtains money or property through such fraudulent representation; or
(2)
Fraudulently represents himself or herself to be a recipient of the Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, Combat Infantryman Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Air Force Combat Action Medal, and obtains money or property through such fraudulent representation.
(b)
A person who commits the crime of stolen valor is guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of one thousand dollars ($1,000), or both.
(c)
Any monies collected pursuant to this chapter shall be forwarded to the office of the adjutant general to be allocated to the Rhode Island military family relief fund established pursuant to § 30-3-41.
History of Section.
P.L. 2022, ch. 67, § 1, effective June 15, 2022; P.L. 2022, ch. 68, § 1, effective June 15, 2022.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-1. - Rewards offered by governor.

§ 12-1-1. Rewards offered by governor.
Whenever any murder, attempt at murder, robbery, or other high crime, shall be committed in the state, and the perpetrator shall escape detection, or shall escape from custody or imprisonment, either before or after conviction, the governor may issue his or her proclamation offering a suitable reward, not exceeding one thousand dollars ($1,000), for the apprehension of the offender.
History of Section.
G.L. 1896, ch. 15, § 3; G.L. 1909, ch. 21, § 3; G.L. 1923, ch. 20, § 3; G.L. 1938, ch. 6, § 3; G.L. 1956, § 12-1-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-2. - Appropriations for expenses authorized by governor.

§ 12-1-2. Appropriations for expenses authorized by governor.
The general assembly shall annually appropriate any sums that it may deem necessary for the payment of any services that may be authorized by the governor in the execution of the laws, the detection of crime and the apprehension of offenders, not including in the appropriation the sum to be paid under § 12-1-1 as a reward for the apprehension of offenders.
History of Section.
G.L. 1896, ch. 15, § 5; P.L. 1898, ch. 572, § 1; G.L. 1909, ch. 21, § 5; P.L. 1918, ch. 1645, § 2; G.L. 1923, ch. 20, § 5; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 6, § 5; G.L. 1956, § 12-1-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-3. - Rewards offered by towns and cities.

§ 12-1-3. Rewards offered by towns and cities.
Every town council of any town, or mayor of any city acting with the advice of the city council, may offer a suitable reward, not exceeding five hundred dollars ($500) in any one case, for the detention, apprehension and conviction of any offender committing a high crime or misdemeanor within the limits of the town or city, to be paid by the town treasurer or city treasurer upon the order of the town council, or mayor and city council, out of any funds of the town or city not otherwise specifically appropriated.
History of Section.
G.L. 1896, ch. 40, § 20; G.L. 1909, ch. 50, § 20; G.L. 1923, ch. 51, § 20; G.L. 1938, ch. 333, § 20; G.L. 1956, § 12-1-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-4. - Division of criminal identification — Chief and assistants.

§ 12-1-4. Division of criminal identification — Chief and assistants.
There shall be a division of criminal identification in the department of the attorney general to be in charge of a chief who shall be appointed by the attorney general to serve at the pleasure of the attorney general, and who shall devote all of his or her time to the duties of his or her office. The chief with the approval of the attorney general may appoint any assistants that he or she may deem necessary to carry out the work of the division, within the limits of any appropriation made for that purpose, and may with the approval of the attorney general discontinue the employment of any assistants at any time. The chief shall perform the functions required by the provisions of this chapter. In addition to availability of records to law enforcement agencies and officers, the records shall be made available to any attorney of record in any criminal action, and any officials of businesses which are required by federal or state law or regulation to effectuate a criminal background check of potential or prospective employees. The information shall be confidential and shall be used only by the employer for the employee’s application of employment.
History of Section.
G.L. 1923, ch. 135, § 1; P.L. 1927, ch. 977, § 1; P.L. 1935, ch. 2250, § 31; G.L. 1938, ch. 620, § 1; impl. am. P.L. 1939, ch. 660, § 40; G.L. 1956, § 12-1-4; P.L. 1977, ch. 239, § 1; P.L. 2004, ch. 6, § 9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-7. - Criminal identification records — Stolen property reports.

§ 12-1-7. Criminal identification records — Stolen property reports.
It shall be the duty of the attorney general to procure and file for record in the office of his or her department so far as the same can be procured, fingerprints, plates, photos, outline pictures, descriptions, information, and measurements of all persons who shall be or shall have been convicted of felony, or imprisoned for violating any of the military, naval, or criminal laws of the United States or of any state, and of all well-known and habitual criminals from wherever procurable. The attorney general shall procure and keep on file in the office of the department, so far as they can be procured, fingerprints, measurements, processes, operations, signalletic cards, plates, photographs, outline pictures, measurements, and descriptions of any person who shall have been or shall be confined in any penal institution of this state, taken in accordance with the system of identification in use in any penal institution of this state. The attorney general shall also keep on file in the office the reports of lost, stolen, found, pledged, or pawned property required to be furnished to him or her.
History of Section.
G.L. 1923, ch. 135, § 2; P.L. 1927, ch. 977, § 1; G.L. 1938, ch. 620, § 2; impl. am. P.L. 1939, ch. 660, § 40; G.L. 1956, § 12-1-7; P.L. 2004, ch. 6, § 9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-8.1. - Method of identification.

§ 12-1-8.1. Method of identification.
The bureau of criminal identification in the department of attorney general shall use fingerprints as the exclusive method of positive identification.
History of Section.
P.L. 2002, ch. 417, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-9.1. - Duty of police officials to furnish fingerprints.

§ 12-1-9.1. Duty of police officials to furnish fingerprints.
It shall be the duty of the superintendent of the state police and the chiefs of police or town sergeants to furnish the bureau of criminal identification of the department of attorney general within ten (10) days of arrest, the fingerprints and physical description of all persons arrested and all persons who are wanted for serious crimes or who are fugitives from justice. This section is not intended to include violations of city or town ordinances or of persons arrested for minor offenses.
History of Section.
P.L. 2002, ch. 417, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-10.1. - Photographs and descriptive information.

§ 12-1-10.1. Photographs and descriptive information.
In the case of every offense for which an indictment has been returned or an information filed, the person for which an indictment or information has been filed, if not previously fingerprinted by the arresting police department for the offense, shall report to the bureau of criminal identification of the department of attorney general to submit to fingerprinting, a photograph and the collection of descriptive information. In the event the individual indicted or informed against has not previously been fingerprinted for the offense is in the custody of the department of corrections or detained at a similar detention facility, the investigating police department shall obtain fingerprints and a photograph from the individual charged and submit a set of said fingerprints to the department of attorney general’s bureau of criminal identification within twenty-one (21) days of arraignment on the indictment or information.
History of Section.
P.L. 2002, ch. 417, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-11. - Photographs and descriptive information as to persons convicted.

§ 12-1-11. Photographs and descriptive information as to persons convicted.
In the case of every offense for which an indictment has been found or an information filed and in which the offender has been found guilty and sentenced, or has pleaded guilty or nolo contendere, the attorney general shall cause to be taken: (1) a photograph, (2) the name, age, weight, height, and a general description of the offender, and (3) his or her fingerprints in accordance with the fingerprint system of identification of criminals and a history of the offender as shown upon trial. In the case of all offenses triable in the superior court for the counties of Providence and Bristol, the attorney general shall cause the fingerprints, photograph, and other information to be taken by his or her department, and in the case of all offenses triable in any other county he or she may make any arrangements for the taking of fingerprints, photographs, and information that may to him or her seem most desirable. In the case of offenses other than those that are indictable, for which an offender is committed under a sentence of imprisonment for a period of six (6) months or more, the warden or keeper of a place of detention or penal institution other than institutions designed primarily for the detention of juveniles, to which an offender is committed, shall cause to be taken, unless the court otherwise orders, a like description, photograph, fingerprints, and history of the person. The description, photographs, fingerprints, and history shall be taken by persons in the service of the state appointed by the attorney general for that purpose. All descriptions, photographs, fingerprints, and identifying matter shall be immediately transmitted to the attorney general.
History of Section.
G.L. 1923, ch. 135, § 6; P.L. 1927, ch. 977, § 1; P.L. 1928, ch. 1191, § 1; G.L. 1938, ch. 620, § 6; impl. am. P.L. 1939, ch. 660, § 40; G.L. 1956, § 12-1-11; P.L. 1974, ch. 118, § 9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-12. - Destruction or sealing of records of persons acquitted or otherwise exonerated.

§ 12-1-12. Destruction or sealing of records of persons acquitted or otherwise exonerated.
(a)(1)
Any fingerprint, photograph, physical measurements, or other record of identification, heretofore or hereafter taken by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town, or any other officer authorized by this chapter to take them, of a person under arrest, prior to the final conviction of the person for the offense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or she is charged, and the clerk of court where the exoneration has taken place shall, consistent with § 12-1-12.1, place under seal all records of the person in the case including all records of the division of criminal identification established by § 12-1-4.
(2)
[Deleted by P.L. 2021, ch. 141, §  1 and P.L. 2021, ch. 142, §  1.]
(3)
Any person who shall violate any provision of this section shall be fined not exceeding one hundred dollars ($100).
(b)
Requirements of this section shall also apply to persons detained by police, but not arrested or charged with an offense, or to persons against whom charges have been filed by the court, and the period of such filing has expired.
(c)
Notwithstanding any other provision of this section, any person who has been charged with a complaint for a crime involving domestic violence where the complaint was filed upon a plea of not guilty, guilty, or nolo contendere pursuant to § 12-10-12, must wait a period of three (3) years from the date of filing before the records associated with the charge can be expunged, sealed, or otherwise destroyed.
History of Section.
P.L. 1984, ch. 341, § 2; P.L. 1987, ch. 390, § 1; P.L. 1988, ch. 638, § 1; P.L. 1996, ch. 386, § 1; P.L. 1998, ch. 438, § 1; P.L. 2001, ch. 303, § 3; P.L. 2013, ch. 301, § 1; P.L. 2013, ch. 416, § 1; P.L. 2021, ch. 141, § 1, effective July 3, 2021; P.L. 2021, ch. 142, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-14. - Body attachment — Nonsupport of children.

§ 12-1-14. Body attachment — Nonsupport of children.
(a)
Any body attachment issued by the family court in a case involving the bureau of family support relating to the nonsupport of children shall be entered into the state and police telecommunications system known as the Rhode Island Law Enforcement Telecommunications System, “RILETS.” The family court shall be responsible for transmitting all body attachments and cancellations of them to the attorney general’s bureau of criminal identification for distributing the body attachment information into RILETS. Within the body attachment, the information entered in RILETS shall include date of birth and social security number when available. The family court shall be responsible for transmitting information regarding all body attachments and cancellations to the attorney general’s bureau of criminal identification for entering the body attachment information into RILETS. The family court shall transmit the original body attachment to the attorney general’s bureau of criminal identification.
(b)
Any peace officer as defined in § 12-7-21 or certified constable authorized pursuant to § 9-5-10.1 shall have the authority to execute a body attachment as issued by the family court pursuant to § 8-10-3.1.
History of Section.
P.L. 1995, ch. 370, art. 29, § 12; P.L. 1995, ch. 374, § 12; P.L. 1996, ch. 241, § 1; P.L. 2015, ch. 260, § 19; P.L. 2015, ch. 275, § 19.