reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-6. - Third degree sexual assault.

§ 11-37-6. Third degree sexual assault.
(a)
Definitions. For purposes of this chapter, “position of authority” means and includes, but is not limited to, any person who is acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities to a person under the age of eighteen (18) years, or a person who is charged with any duty or responsibility for the health, welfare, or supervision of a person under the age of eighteen (18) years, either independently or through another, no matter how brief, at the time of the act.
(b)
A person is guilty of third-degree sexual assault if:
(1)
He or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age; or
(2)
He or she is over the age of eighteen (18) years and engaged in sexual penetration or sexual contact with another person over the age of fourteen (14) years and under the age of eighteen (18) years, under circumstances whereby:
(i)
The accused has supervisory or disciplinary power over the victim by virtue of the accused’s legal, professional, or occupational status; or
(ii)
The accused is otherwise acting in a position of authority with respect to the victim.
(iii)
It shall not be a violation of subsection (b)(2) of this section if the parties are:
(A)
Engaging in sexual penetration or contact consensually;
(B)
Between the ages of sixteen (16) and twenty (20) years; and
(C)
No more than thirty (30) months apart in age.
History of Section.
P.L. 1979, ch. 302, § 2; P.L. 1988, ch. 219, § 1; P.L. 2022, ch. 153, § 1, effective June 27, 2022; P.L. 2022, ch. 154, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-7. - Penalty for third degree sexual assault.

§ 11-37-7. Penalty for third degree sexual assault.
Every person who shall commit sexual assault in the third degree shall be imprisoned for not more than five (5) years.
History of Section.
P.L. 1979, ch. 302, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8. - Penalty for assault with intent to commit first degree sexual assault.

§ 11-37-8. Penalty for assault with intent to commit first degree sexual assault.
Every person who shall commit assault with intent to commit first degree sexual assault shall be imprisoned for not less than three (3) years or more than twenty (20) years.
History of Section.
P.L. 1979, ch. 302, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.1. - First degree child molestation sexual assault.

§ 11-37-8.1. First degree child molestation sexual assault.
A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.
History of Section.
P.L. 1984, ch. 59, § 2; P.L. 1988, ch. 219, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.2. - Penalty for first degree child molestation sexual assault.

§ 11-37-8.2. Penalty for first degree child molestation sexual assault.
Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life.
History of Section.
P.L. 1984, ch. 59, § 2; P.L. 2006, ch. 206, § 3; P.L. 2006, ch. 207, § 3.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.3. - Second degree child molestation sexual assault.

§ 11-37-8.3. Second degree child molestation sexual assault.
A person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under.
History of Section.
P.L. 1984, ch. 59, § 2; P.L. 1988, ch. 219, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.4. - Penalty for second degree child molestation sexual assault.

§ 11-37-8.4. Penalty for second degree child molestation sexual assault.
Every person who shall commit second degree child molestation sexual assault shall be imprisoned for not less than six (6) years nor more than thirty (30) years.
History of Section.
P.L. 1984, ch. 59, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.5. - Identification of victims of child molestation sexual assault.

§ 11-37-8.5. Identification of victims of child molestation sexual assault.
(a)
All court records which concern the identity of a victim of child molestation sexual assault shall be confidential and shall not be made public.
(b)
Every agency of state or local government shall protect the confidentiality of documents containing the identity of victims of child molestation sexual assault.
(c)
A defendant charged with child molestation sexual assault may make application to the trial court for an order of disclosure of identifying information concerning the child victim in order to prepare his or her defense. Nothing in this section shall be construed to prevent the disclosure of the victim’s identity to the defendant at the time of his or her arraignment, provided, that the defendant shall make no disclosure of the victim’s identity other than to his or her attorney and others directly involved in the preparation of his or her defense. Any disclosure by a defendant other than permitted in this section shall constitute contempt.
History of Section.
P.L. 1985, ch. 380, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.6. - Special assessment — Payment for treatment or counseling.

§ 11-37-8.6. Special assessment — Payment for treatment or counseling.
In addition to all other statutory costs and assessments, every person, adjudged guilty of the provisions of § 11-37-8.1 or 11-37-8.3, whether by trial, plea of guilty or plea of nolo contendere, shall pay a special assessment of one hundred dollars ($100). In addition to any other penalty provided by law, any person convicted under §§ 11-37-8.1 — 11-37-8.3 may be required, as part of the sentence imposed by the court, to pay the cost of any necessary medical, psychological, or psychiatric treatment of the child resulting from the act or acts for which the defendant is convicted.
History of Section.
P.L. 1986, ch. 319, § 1; P.L. 1997, ch. 137, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.7. - Parole of violators.

§ 11-37-8.7. Parole of violators.
In the case of any person convicted and imprisoned for an offense under §§ 11-37-8.1 — 11-37-8.3, it shall be required that:
(1)
The department of attorney general or local prosecutor be informed by the parole board ninety (90) days prior to a parole hearing of the date of hearing, and the attorney general or local prosecutor provide the parole board with a complete statement of circumstances surrounding a conviction within forty-five (45) days prior to the scheduled parole hearing date.
(2)
The parole board shall notify the victim and his or her family of a scheduled parole hearing at least forty-five (45) days prior to the date of hearing, and the victim and/or family shall be permitted an opportunity to provide a statement for review by the parole board.
(3)
The convicted person shall be examined prior to parole by one independent psychiatrist to determine whether the person is a continued danger to children.
(4)
The convicted person shall receive outpatient treatment at his or her own expense after parole or release from hospitalization for a period of time to be set by the parole board, and the department of behavioral healthcare, developmental disabilities and hospitals shall oversee and provide these services. Any person willfully violating this subsection shall be guilty of a misdemeanor and shall serve not more than one year imprisonment.
History of Section.
P.L. 1986, ch. 528, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.8. - Indecent solicitation of a child.

§ 11-37-8.8. Indecent solicitation of a child.
(a)
A person is guilty of indecent solicitation of a child if he or she knowingly solicits another person under eighteen (18) years of age or one whom he or she believes is a person under eighteen (18) years of age for the purpose of engaging in an act of prostitution or in any act in violation of chapter 9, 34, or 37 of this title.
(b)
As used in this section, the word “solicit” or “solicitation” means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, through the Internet, or by advertisement of any kind.
History of Section.
P.L. 2004, ch. 586, § 1; P.L. 2004, ch. 612, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-8.9. - Penalty for indecent solicitation of a child.

§ 11-37-8.9. Penalty for indecent solicitation of a child.
Every person who shall commit indecent solicitation of a child shall be imprisoned for not less than five (5) years.
History of Section.
P.L. 2004, ch. 586, § 1; P.L. 2004, ch. 612, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-9. - Joinder of offenses.

§ 11-37-9. Joinder of offenses.
Any person who shall be indicted for first, second, or third degree sexual assault and/or first or second degree child molestation sexual assault and/or § 11-37-8 may also be charged in the same indictment with either or all of the offenses described in §§ 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, and 11-37-8.3. If upon trial the jury shall acquit the person of any of the charges of sexual assault and shall find him or her guilty of any of the other offenses, judgment and sentence may be entered against him or her accordingly.
History of Section.
P.L. 1979, ch. 302, § 2; P.L. 1984, ch. 59, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-10. - Subsequent offenses.

§ 11-37-10. Subsequent offenses.
If a person is convicted of a second or subsequent offense under the provisions of §§ 11-37-2, 11-37-4, 11-37-8, 11-37-8.1, and 11-37-8.3, the sentence imposed under these sections for the second or subsequent offenses shall not be less than twice the minimum number of years of sentence for the most recent offense.
History of Section.
P.L. 1979, ch. 302, § 2; P.L. 1984, ch. 59, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-11. - Corroboration of victim’s testimony unnecessary.

§ 11-37-11. Corroboration of victim’s testimony unnecessary.
The testimony of the victim need not be corroborated in prosecutions under this chapter.
History of Section.
P.L. 1979, ch. 302, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-11.2. - Speedy trial.

§ 11-37-11.2. Speedy trial.
In any action under this chapter involving a child victim age fourteen (14) years or under or a victim sixty-five (65) years or older, the court and the attorney general’s office shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim or witness. This provision establishes a right to a speedy trial to the victim and shall not be construed as creating any additional rights to the defendant.
History of Section.
P.L. 1985, ch. 354, § 1; P.L. 1988, ch. 219, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-12. - Proof of resistance unnecessary.

§ 11-37-12. Proof of resistance unnecessary.
In any prosecution brought under this chapter, it shall not be necessary to prove that the victim physically resisted the accused if the victim reasonably believed that resistance would be useless and might result in his or her serious bodily injury.
History of Section.
P.L. 1979, ch. 302, § 2; P.L. 1980, ch. 273, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-13. - Prior sexual conduct of complainant — Admissibility of evidence.

§ 11-37-13. Prior sexual conduct of complainant — Admissibility of evidence.
If a defendant who is charged with the crime of sexual assault intends to introduce proof that the complaining witness has engaged in sexual activities with other persons, he or she shall give notice of that intention to the court and the attorney for the state. The notice shall be given prior to the introduction of any evidence of that fact; it shall be given orally out of the hearing of spectators and, if the action is being tried by a jury, out of the hearing of the jurors. Upon receiving the notice, the court shall order the defendant to make a specific offer of the proof that he or she intends to introduce in support of this issue. The offer of proof, and all arguments relating to it, shall take place outside the hearing of spectators and jurors. The court shall then rule upon the admissibility of the evidence offered.
History of Section.
P.L. 1979, ch. 302, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-13.1. - Recording — Grand jury testimony — Child assault.

§ 11-37-13.1. Recording — Grand jury testimony — Child assault.
(a)
In any grand jury proceeding investigating a sexual assault alleged to have been committed against a child, a recording of a statement from the alleged victim who is sixteen (16) years of age or younger at the time of the proceeding shall be admissible into evidence at the proceeding if:
(1)
The statement is sworn to under oath by the child, and the significance of the oath is explained to the child;
(2)
The recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(3)
The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;
(4)
Every voice on the recording is identified;
(5)
The statement was not made in response to questioning calculated to lead the child to make a particular statement;
(6)
The person conducting the interview is an attorney in the department of the attorney general or another person chosen by the attorney general to make the proceeding less intimidating to the child, and the interviewer is available to testify at the proceeding;
(7)
The child is available to testify if requested by the grand jurors; and
(8)
The recording is made a part of the record of the grand jury.
(b)
[Deleted by P.L. 2022, ch. 214, § 1 and P.L. 2022, ch. 215, § 1.]
History of Section.
P.L. 1985, ch. 124, § 1; P.L. 2004, ch. 385, § 1; P.L. 2004, ch. 473, § 1; P.L. 2022, ch. 214, § 1, effective June 27, 2022; P.L. 2022, ch. 215, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-13.2. - Alternative methods of victim testimony — Child victim.

§ 11-37-13.2. Alternative methods of victim testimony — Child victim.
(a)
In any judicial proceeding in which a person has been charged with sexual assault of a child who at the time of trial is seventeen (17) years of age or less, the court may order, upon a showing that the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm, that the testimony of the child be taken in a room other than the courtroom and either be recorded for later showing before the court and/or the finder of fact in the proceeding or be broadcast simultaneously by closed circuit television to the court and/or finder of fact in the proceeding. When the child is fourteen (14) years of age or younger at the time of trial, there shall be a rebuttable presumption that the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm. Only the judge, attorneys for the parties, persons necessary to operate the recording or broadcasting equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his or her testimony. Examination and cross-examination shall proceed in the same manner as permitted at the trial or hearing.
(b)
The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror which permits them to see and hear the child during his or her testimony, but does not permit the child to see or hear them. The court shall permit the defendant to observe and hear the testimony of the child in person, but ensure that the child cannot hear or see the person alleged to have committed the assault. The defendant shall be afforded a means of communicating with his or her attorney throughout the proceedings, and, upon request of the defendant or his or her attorney, recesses shall be permitted to allow them to confer. The court shall ensure that:
(1)
The recording or broadcast is both visual and aural and is recorded on film or videotape or by other electronic means;
(2)
The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;
(3)
Each voice on the recording is identified;
(4)
Each party is afforded an opportunity to view any recording made prior to trial before it is shown in the courtroom; and
(5)
The statement is sworn to under oath by the child.
(c)
If the court orders the testimony of a child to be so recorded or broadcast, the child shall not be required to testify at the proceeding for which the testimony was taken, and the testimony shall be used in lieu of the live testimony of the child.
History of Section.
P.L. 1985, ch. 355, § 1; P.L. 2004, ch. 385, § 1; P.L. 2004, ch. 473, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-13.3. - Sexual assault reports.

§ 11-37-13.3. Sexual assault reports.
(a)
A law enforcement officer who responds to or investigates a sexual assault or child molestation sexual assault incident, shall, upon determination of probable cause for arrest or referral to the attorney general’s office, complete a sexual assault report (DV/SA-1).
(b)
For the purpose of establishing data on the extent and severity of arrests for sexual assault and child molestation sexual assault in the state and on the degree of compliance with the requirements of this section the domestic violence training and monitoring unit of the court system shall prescribe a form for making sexual assault reports. The form shall include, but is not limited to, the following information:
(1)
Name of the parties;
(2)
Relationship of the parties;
(3)
Sex of the parties;
(4)
Date of birth of the parties;
(5)
Time and date of the alleged incident;
(6)
Whether children were allegedly involved or whether the alleged act of sexual assault or child molestation sexual assault was committed in the presence of children;
(7)
Type and extent of the alleged abuse;
(8)
Number and types of alleged weapons involved;
(9)
Existence of any prior court order; and
(10)
Any other data that may be necessary for a complete analysis of all circumstances leading to the arrest.
(c)
Each police department shall forward copies of the reports to the unit at the end of each month.
(d)
Upon adjudication of acquittal, dismissal or other exoneration the sexual assault report form will be expunged by the domestic violence training and monitoring unit.
History of Section.
P.L. 1998, ch. 381, § 1; P.L. 2002, ch. 411, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-14. - Severability.

§ 11-37-14. Severability.
If the provisions of this chapter or their application to any person or circumstances is held invalid, their 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 the chapter are declared to be severable.
History of Section.
P.L. 1979, ch. 302, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37 - Sexual Assault › Section 11-37-17. - Human Immunodeficiency Virus (HIV) — Mandatory testing.

§ 11-37-17. Human Immunodeficiency Virus (HIV) — Mandatory testing.
(a)
Any person who has admitted to or been convicted of or adjudicated wayward or delinquent by reason of having committed any sexual offense involving sexual penetration, as defined in § 11-37-1, whether or not sentence or fine is imposed or probation granted, shall be ordered by the court upon the petition of the victim, immediate family members of the victim or legal guardian of the victim, to submit to a blood test for the presence of a sexually transmitted disease including, but not limited to, the Human Immunodeficiency Virus (HIV) which causes Acquired Immune Deficiency Syndrome (AIDS) as provided for in chapter 23-6.3.
(b)
Notwithstanding the limitations imposed by §§ 23-6.3-7 and 5-37.3-4, the results of the HIV test shall be reported to the court, which shall then disclose the results to any victim of the sexual offense who requests disclosure. Review and disclosure of blood test results by the courts shall be closed and confidential, and any transaction records relating to them shall also be closed and confidential.
(c)
[Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].
(d)
[Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].
(e)
[Deleted by P.L. 2009, ch. 196, § 3, and by P.L. 2009, ch. 289, § 3].
History of Section.
P.L. 1995, ch. 105, § 1; P.L. 2009, ch. 196, § 3; P.L. 2009, ch. 289, § 3; P.L. 2010, ch. 239, § 17.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-1. - Short title.

§ 11-37.1-1. Short title.
This chapter shall be known and be cited as the “Sexual Offender Registration and Community Notification Act”.
History of Section.
P.L. 1996, ch. 104, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-8. - Verification of address.

§ 11-37.1-8. Verification of address.
(a)
For a person required to register under § 11-37.1-3(a)(1), (a)(2), (a)(6), (a)(7), (a)(8), or (a)(9) on each anniversary of the person’s initial registration date during the period in which the person is required to register:
(1)
The designated state law enforcement agency or local law enforcement agency shall mail a non-forwardable verification form to the last reported address of the person;
(2)
The person shall mail the verification form to the designated state law enforcement agency or local law enforcement agency within ten (10) days after receipt of the form;
(3)
The verification form shall be signed by the person, and state that the person still resides at the address last reported to the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides; and
(4)
If the person fails to mail the verification form to the designated state law enforcement agency or local law enforcement agency within ten (10) days after receipt of the form, the person shall be in violation of this chapter unless the person proves that the person has not changed the residence address from that which he or she last registered.
(b)
The provisions of subsections (a)(1) — (a)(4) of this section shall apply to a person required to register under § 11-37.1-3(a)(3), (4), or (5), except that the registration address verification shall take place quarterly.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 1999, ch. 255, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-10. - Penalties.

§ 11-37.1-10. Penalties.
(a)
Any person who is required to register or verify his or her address or give notice of a change of address or residence who knowingly fails to do so shall be guilty of a felony and, upon conviction, be imprisoned not more than ten (10) years, or fined not more than ten thousand dollars ($10,000), or both.
(b)
Any person who is required to register or verify his or her address or give notice of a change of address or residence who knowingly fails to do so shall be in violation of the terms of his or her release, regardless of whether or not the term was a special condition of his or her release on probation, parole, home confinement or other form of supervised release.
(c)
Except in the case of a level-three (3) sex offender, any person who is required to register or verify his or her address, who knowingly resides within three hundred feet (300′) of any school as defined in § 11-37.1-2, which distance shall be measured from the nearest boundary line of the real property supporting the residence of the person to the nearest boundary line of the real property that supports or upon which there exists a school shall be guilty of a felony and, upon conviction, may be imprisoned not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.
(d)
Any level-three (3) sex offender who knowingly resides within one thousand feet (1,000′) of any school as defined in § 11-37.1-2, which distance shall be measured from the nearest boundary line of the real property supporting the residence of the person to the nearest boundary line of the real property that supports or upon which there exists a school shall be guilty of a felony and, upon conviction, may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2008, ch. 155, § 1; P.L. 2008, ch. 189, § 1; P.L. 2008, ch. 202, § 1; P.L. 2015, ch. 219, § 1; P.L. 2015, ch. 240, § 1; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-11. - Release of information.

§ 11-37.1-11. Release of information.
(a)
Except as otherwise provided by this chapter or as provided in subsection (b) or (c) of this section, no information obtained under this chapter shall be released or transferred without the written consent of the person or his or her authorized representative.
(b)
No consent for release or transfer of information obtained under this chapter shall be required in the following instances:
(1)
Information may be disclosed to law enforcement agencies for law enforcement purposes;
(2)
Information may be disclosed to government agencies conducting confidential background checks;
(3)
The designated state law enforcement agency and any local law enforcement agency authorized by the state agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released;
(4)
Information may be released or disseminated in accordance with the provisions of § 11-37.1-12;
(5)
Information shall be disclosed by the local police department to the general public in a city or town for those registered offenders determined to be either a level 2 or level 3 offender as determined consistent with parole board guidelines; and
(6)
Information shall be disclosed by the local police department to the local school department for those registered offenders determined to be level 3 offenders by the parole board for the purposes of notifying parents of students whose school bus stop is within one thousand feet (1,000′) of a level 3 sex offender’s residence, which distance shall be measured from the nearest boundary line of the real property supporting the residence of the level 3 sex offender to the school bus stop.
(c)
Any local law enforcement agency shall release relevant information collected pursuant to § 11-37.1-3(c) to any campus police agency appointed pursuant to § 16-52-2 or police for private institutions appointed pursuant to § 12-2.1-1 for any person having a duty to register who is enrolled in, employed by, or carrying on a vocation at an institution of higher education. That agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 2002, ch. 330, § 1; P.L. 2005, ch. 80, § 1; P.L. 2017, ch. 339, § 1; P.L. 2017, ch. 348, § 1; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-13. - Notification procedures for tiers two (2) and three (3).

§ 11-37.1-13. Notification procedures for tiers two (2) and three (3).
If after review of the evidence pertaining to a person required to register according to the criteria set forth in § 11-37.1-12, the board is satisfied that risk of re-offense by the person required to register is either moderate or high, the sex offender community notification unit of the parole board shall notify the person, in writing, by letter or other documentation:
(1)
That community notification will be made not less than ten (10) business days from the date of the letter or other document evidencing an intent to promulgate a community notice in accordance with § 11-37.1-12(b), together with the level, form and nature that the notification will take;
(2)
That unless an application for review of the action is filed within the time specified by the letter or other documentation, which in any case shall not be less than ten (10) business days, by the adult offender subject to community notification, with the criminal calendar judge of the superior court for the county in which the adult offender who is the subject of notification resides or intends to reside upon release, or by the juvenile offender subject to community notification over whom the family court exercises jurisdiction, with the clerk of the family court for the county in which the juvenile offender resides or intends to reside upon release, whose name shall be specified in the letter or other document, requesting a review of the determination to promulgate a community notification, that notification will take place;
(3)
That the person has a right to be represented by counsel of their own choosing or by an attorney appointed by the court, if the court determines that he or she cannot afford counsel; and
(4)
That the filing of an application for review may be accomplished, in the absence of counsel, by delivering a letter objecting to the notification and/or its level, form or nature, together with a copy of the letter or other documentation describing the proposed community notification, addressed to the judge described in the communication to the clerk of the superior court in the county in which the adult offender resides or intends to reside upon release, or in the case of juvenile offenders over whom the family court exercises jurisdiction, addressed to the judge described in the communication to the clerk of the family court in the county in which the juvenile offender resides or intends to reside upon release.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 1999, ch. 40, § 1; P.L. 1999, ch. 227, § 1; P.L. 1999, ch. 255, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2005, ch. 410, § 7; P.L. 2010, ch. 103, § 1; P.L. 2010, ch. 109, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-14. - Preliminary proceedings on objection to community notification — Procedures.

§ 11-37.1-14. Preliminary proceedings on objection to community notification — Procedures.
Upon receipt of a request from a person subject to community notification under § 11-37.1-12(b), the superior court, or the family court of the county in which the person resides or intends to reside upon release, shall:
(1)
Set a date for hearing and decision on the matter;
(2)
Provide notice of the date for the hearing to both the applicant or his or her counsel and to the attorney general;
(3)
Appoint counsel for the applicant if he or she cannot afford one; and
(4)
Direct that the attorney general promptly provide copies of all papers, documents and other materials which formed the basis for the determination of the level and manner of community notification be provided to the court and the applicant or his or her counsel.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 1999, ch. 40, § 1; P.L. 1999, ch. 227, § 1; P.L. 1999, ch. 255, § 1; P.L. 2005, ch. 410, § 7.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-15. - Application hearing procedures.

§ 11-37.1-15. Application hearing procedures.
(a)
On the date set for the hearing on the review of the application the court shall:
(1)
In camera, review the materials provided in accordance with § 11-37.1-14(4);
(2)
Determine whether and to what extent the production of witnesses and cross examination shall be required or permitted depending on the complexities of the matter involved, the extent of doubt concerning the correctness of the level, nature and extent of the notification proposed; and
(3)
Presume the need for a prompt determination.
(b)
In any application hearing proceeding the rules of evidence shall not apply and the court may rely on documentary presentations, including expert opinion on all issues.
(c)
Nothing in this section should be construed to allow the applicant to relitigate the adjudication of guilt.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-16. - Application review — Burden of production and persuasion.

§ 11-37.1-16. Application review — Burden of production and persuasion.
(a)
In any proceeding under this chapter, the state shall have the burden of going forward, which burden shall be satisfied by the presentation of a prima facie case that justifies the proposed level of and manner of notification.
(b)
For purposes of this section, “prima facie case” means:
(1)
A validated risk assessment tool has been used to determine the risk of re-offense;
(2)
Reasonable means have been used to collect the information used in the validated assessment tool.
(c)
Upon presentation of a prima facie case, the court shall affirm the determination of the level and nature of the community notification, unless it is persuaded by a preponderance of the evidence that the determination on either the level of notification of the manner in which it is proposed to be accomplished is not in compliance with this chapter or the guidelines adopted pursuant to this chapter.
Nothing in this section shall be construed to prohibit the release of information pertaining to a person who has been convicted of any of the violations of any offense listed in § 11-37.1-2, so long as the information has been gathered or obtained through sources other than the registration process provided by this chapter. Provided further, that nothing in this section shall be deemed to authorize the release of any information pertaining to any victim of any offense listed in § 11-37.1-2.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-17. - Immunity for good faith conduct.

§ 11-37.1-17. Immunity for good faith conduct.
Any person who performs any act or fails to perform any act pursuant to this chapter shall have good faith immunity from any liability, civil or criminal, that might be incurred as a result of the performance of or the failure to perform any act pursuant to this chapter.
History of Section.
P.L. 1996, ch. 104, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-18. - Continuation of prior duty to register.

§ 11-37.1-18. Continuation of prior duty to register.
Any person who pursuant to the provisions of former § 11-37-16 had a duty to register under that section after having been convicted of any violation of the provisions of chapter 37 of this title, or for a conviction in another state of first degree sexual assault which if committed in this state would constitute a violation of chapter 37 of this title, shall have the duty to register in accordance with the provisions of this chapter. Nothing in this section shall be construed to abrogate any duty to register which exists or existed under the provisions of former § 11-37-16.
History of Section.
P.L. 1996, ch. 104, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-19. - Severability.

§ 11-37.1-19. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1996, ch. 104, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-20. - Remand to sex offender board of review.

§ 11-37.1-20. Remand to sex offender board of review.
Upon application by the attorney general or counsel for the sex offender, the court may remand any case pending adjudication of sexually violent predator status back to the sex offender board of review for further determination of sexually violent predator status and community notification level pursuant to § 11-37.1-6.
History of Section.
P.L. 2003, ch. 162, § 2; P.L. 2003, ch. 170, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-21. - Duty of shelters and homeless shelters to notify law enforcement of the presence of sex offenders.

§ 11-37.1-21. Duty of shelters and homeless shelters to notify law enforcement of the presence of sex offenders.
(a)
If any person convicted of any offense that requires sex offender registration pursuant to this title, or otherwise has a duty to register his or her address with the law enforcement agency in the municipality in which they reside, is provided residence in any homeless shelter, that person shall be required to inform the shelter of his or her status and duty to register and to provide his or her name and date of birth to each shelter or homeless shelter where he or she resides overnight.
(b)
The obligation of the sex offender to provide the information required in subsection (a) of this section, shall be on a continuing daily and nightly basis and he or she shall provide said information to each and every shelter or homeless shelter at which he or she takes up temporary residence regardless of the length of time he or she stays at such shelter.
(c)
The homeless shelter that receives information from any sex offender shall be required to transmit that information to the local law enforcement agency and if there be none, to the closest Rhode Island state police barracks before midnight of that day of the offender registering or signing in for the day, night, or any portion of a day.
(d)
Any homeless shelter that violates the provisions of this section shall upon a first violation, be fined a civil penalty of up to five hundred dollars ($500); for a second violation, by a civil penalty of up to one thousand dollars ($1,000); and for a third or subsequent violation, by a civil penalty of up to five thousand dollars ($5,000).
(e)
Jurisdiction over any violation by a homeless shelter shall be in the district court in the county in which the shelter is physically located.
(f)
Any sex offender who fails to disclose information as required by this chapter shall be subject to the same penalties as set forth in § 11-37.1-10.
History of Section.
P.L. 2017, ch. 233, § 1; P.L. 2017, ch. 325, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.2 - Sexual Assault Protective Orders › Section 11-37.2-1. - Filing of complaint.

§ 11-37.2-1. Filing of complaint.
(a)
Proceedings under this chapter shall be filed, heard and determined in the district court of the division in which the moving party resides except when either party is a juvenile. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a complaint under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the bringing of an action under this chapter.
(b)
Answers to the summons and complaint shall be made within ten (10) days of service upon the defendant and the action shall take precedence on the calendar. If no answer is filed within the time prescribed, judgment shall enter forthwith.
History of Section.
P.L. 2009, ch. 239, § 1; P.L. 2009, ch. 240, § 1; P.L. 2010, ch. 216, § 2; P.L. 2010, ch. 236, § 2.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.2 - Sexual Assault Protective Orders › Section 11-37.2-2. - Protective orders — Penalty — Jurisdiction.

§ 11-37.2-2. Protective orders — Penalty — Jurisdiction.
(a)
A person who is a victim of sexual assault as defined in § 11-37-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8.1, 11-37-8.3 or 11-59-2, may file a complaint in the district court requesting any order which will protect him or her from the future abuse, including, but not limited to, the following:
(1)
Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting or otherwise interfering with the plaintiff at home, on the street or elsewhere, whether the defendant is an adult or minor;
(2)
Upon motion by the plaintiff, his or her address shall be released only at the discretion of the district court judge.
(b)
Nothing in this section shall limit a defendant’s right under existing law to petition the court at a later date for modification of the order.
(c)
Any violation of the aforementioned protective order shall subject the defendant to being found in contempt of court.
(d)
The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order upon motion by the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.
(e)
Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
(f)
“Actual notice” means that the defendant has received a copy of the order by service thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-7.
History of Section.
P.L. 2009, ch. 239, § 1; P.L. 2009, ch. 240, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.2 - Sexual Assault Protective Orders › Section 11-37.2-3. - Temporary orders — Ex parte proceedings.

§ 11-37.2-3. Temporary orders — Ex parte proceedings.
(a)(1)
Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse.
(2)
If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss or damage will result to the plaintiff, before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within the time after entry, not to exceed twenty-one (21) days, as the court fixes, unless within the time so fixed the order: (i) By consent; or (ii) Due to a failure to make service of process upon the defendant despite diligent efforts; or (iii) For good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and shall be given precedence over all matters except older matters of the same character, and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 11-37.2-2, and, if he or she does not do so, the court shall dissolve the temporary order.
(b)(1)
When the court is unavailable after the close of business a complaint may be filed before any available district court judge who may grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
(2)
No temporary order shall be granted pursuant to the provisions of this section unless it clearly appears from specific facts shown by the affidavit or by verified complaint that immediate and irreparable injury, loss or damage will result to the plaintiff before notice can be served and a hearing held.
(c)
Any order issued under this section and any documentation in support of an order shall be filed immediately with the clerk of the district court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
(d)
The clerk of the district court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.
History of Section.
P.L. 2009, ch. 239, § 1; P.L. 2009, ch. 240, § 1.
2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.2 - Sexual Assault Protective Orders › Section 11-37.2-4. - Report to law enforcement agency.

§ 11-37.2-4. Report to law enforcement agency.
Whenever the court grants a temporary order pursuant to § 11-37-8.3 based on a complaint alleging that a minor is suffering from sexual abuse, the court shall ensure that the appropriate law enforcement agency is notified of the complaint.
History of Section.
P.L. 2009, ch. 239, § 1; P.L. 2009, ch. 240, § 1.