2023 Rhode Island General Laws › Title 11 - Criminal Offenses › Chapter 11-37.1 - Sexual Offender Registration and Community Notification › Section 11-37.1-2. - Definitions.

§ 11-37.1-2. Definitions.
(a)
“Abscond” means to not register as required, or to relocate to some unknown place other than the registered place of residence, or to conceal himself or herself in an attempt to avoid registration or verification of registration.
(b)
“Aggravated offense” means, and includes, offenses involving sexual penetration of victims of any age through the use of force, or the threat of use of force, or offenses involving sexual penetration of victims who are fourteen (14) years of age or under.
(c)
“Board,” “board of review,” or “sex offender board of review” means the sex offender board of review appointed by the governor pursuant to § 11-37.1-6.
(d)(1)
“Conviction” or “convicted” means, and includes, any instance where:
(i)
A judgment of conviction has been entered against any person for any offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is pending; or
(ii)
There has been a finding of guilty for any offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is pending; or
(iii)
There has been a plea of guilty or nolo contendere for any offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is pending; or
(iv)
There has been an admission of sufficient facts or a finding of delinquency for any offense specified in subsection (f) or (v), or a federal offense, a foreign offense, or a military offense, regardless of whether or not an appeal is pending.
(2)
Provided, in the event that a conviction, as defined in this subsection, has been overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall no longer be required to register as required by this chapter and any records of a registration shall be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a registration requirement of a person who is again convicted of an offense for which registration is required by this chapter.
(e)
[Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].
(f)
“Criminal offense against a victim who is a minor” means, and includes, any of the following offenses or any offense in another jurisdiction that is substantially the equivalent of the following or for which the person is or would be required to register under 34 U.S.C. § 20911 as amended:
(1)
Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of eighteen (18) years;
(2)
Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;
(3)
Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;
(4)
Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34 of this title and the victim, or person solicited to commit the offense, is under the age of eighteen (18) years;
(5)
Any violation of § 11-9-1(b) or (c);
(6)
Any violation of § 11-9-1.3;
(7)
Any violation of § 11-9-1.5;
(8)
[Deleted by P.L. 2018, ch. 157, § 1 and by P.L. 2018, ch. 259, § 1].
(9)
Any violation of § 11-37-8.8;
(10)
Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;
(11)
Murder in violation of § 11-23-1, where the murder was committed in the perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is under eighteen (18) years of age;
(12)
Any violation of §§ 11-67-6, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b), or 11-67.1-7(b); or
(13)
Any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.
(g)
“Designated state law enforcement agency” means the attorney general, or his or her designee.
(h)
“Employed, carries on a vocation” means and includes the definition of “employed, carries on a vocation” under 34 U.S.C. § 20911.
(i)
“Federal offense” means, and includes, any conviction for an offense that was obtained under federal law which, if committed within the jurisdiction of this state, would require the person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any conviction for an attempt or conspiracy to commit an offense requiring registration under this subsection.
(j)
“Foreign offense” means, and includes, any conviction for an offense which, if committed within the jurisdiction of this state, would require the person to register that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country when the United States state department in its country reports on human rights practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred, or any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.
(k)
“Habitually lives or sleeps” means living in a place with some regularity, and with reference to where a person required to be registered under this chapter actually lives, which could be some place other than a mailing address or primary address but would entail a place where the person lives on an intermittent basis regardless of whether it pertains to a location otherwise identifiable by street or address.
(l)
“Homeless” means a person required to be registered under this chapter who lacks a fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing); or who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided.
(m)
“Immediate” or “Immediately” means upon receipt of information provided by or regarding a person required to register under this chapter but not later than three (3) business days.
(n)
“Institutions of higher education” means any university, two- or four-year (2 or 4) college or community college.
(o)
“Jurisdiction” means any of the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe that has elected to function as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929.
(p)
“Mental abnormality” means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
(q)
“Military offense” means, and includes, any conviction for any military offense specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10 U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.
(r)
“Parole board” means the parole board or its designee.
(s)
“Predator” means a person whose act(s) is (are) or was (were) directed at a stranger, or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
(t)
“Public or private educational institution” means early childhood facilities (nursery school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher education, and postsecondary educational institutions authorized or licensed by the State of Rhode Island.
(u)
“School” means the buildings and real property of kindergarten, elementary, middle, and secondary institutions, whether public or private.
(v)
“Sexually violent offense” means, and includes, any violation of §§ 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual assault or child molestation; or any offense in another jurisdiction that is substantially the equivalent of any offense listed in this subsection or for which the person is or would be required to register under 34 U.S.C. § 20911 as amended, or any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.
(w)
“Sexually violent predator” means a person who has been convicted of a sexually violent offense and who has a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(x)
“Student” means, and includes, the definition of “student” under 34 U.S.C. § 20911.
History of Section.
P.L. 1996, ch. 104, § 1; P.L. 1999, ch. 83, § 14; P.L. 1999, ch. 130, § 14; P.L. 1999, ch. 255, § 1; P.L. 2002, ch. 330, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2008, ch. 155, § 1; P.L. 2008, ch. 202, § 1; P.L. 2014, ch. 416, § 1; P.L. 2014, ch. 448, § 1; P.L. 2016, ch. 65, § 1; P.L. 2016, ch. 68, § 1; P.L. 2017, ch. 232, § 3; P.L. 2017, ch. 260, § 3; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.