2011 -- H 5808

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LC01863

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     Introduced By: Representatives Martin, Carnevale, and Ruggiero

     Date Introduced: March 03, 2011

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer

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Crime" is hereby repealed.

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     11-52-4.2. Cyberstalking and cyberharassment prohibited. -- (a) Whoever transmits

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any communication by computer or other electronic device to any person or causes any person to

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be contacted for the sole purpose of harassing that person or his or her family is guilty of a

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misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), by

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imprisonment for not more than one year, or both. For the purpose of this section, "harassing"

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means any knowing and willful course of conduct directed at a specific person which seriously

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alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of

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conduct must be of a kind that would cause a reasonable person to suffer substantial emotional

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distress, or be in fear of bodily injury. "Course of conduct" means a pattern of conduct composed

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of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally

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protected activity is not included within the meaning of "course of conduct."

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      (b) A second or subsequent conviction under subsection (a) of this section shall be

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deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not

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more than six thousand dollars ($6,000), or both.

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     SECTION 2. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby

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amended by adding thereto the following sections:

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     11-52-3.1. Unauthorized access to confidential information. -- Whoever intentionally,

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without authorization, or in excess of one's authorization, directly or indirectly accesses a

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protected computer, computer program, computer system, or computer network with the intent to

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either view, obtain, copy, or download any confidential information or data contained in or stored

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on such computer, computer program, computer system, or computer network, shall be guilty of

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a felony and shall be subject to the penalties set forth in section 11-52-5.

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     11-52-4.4. Cyberstalking and cyberharassment prohibited. -- (a) As used in this

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section the following terms shall have the following meanings:

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     (1) "Conduct" means either:

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     (i) A single act which causes a person to be repeatedly contacted by others in a manner

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which seriously alarms, annoys, or bothers the person; or

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     (ii) Two (2) or more acts over a period of time, evidencing a continuity of purpose, which

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seriously alarms, annoys, or bothers the person.

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     (2) "Immediate family" means a spouse, parent, child, or sibling. The term also includes

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any other individual who regularly resides in the household or who, within the prior six (6)

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months, regularly resided in the household.

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     (3) "Harass" means to engage in intentional conduct that serves no legitimate purpose

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that would cause a reasonable person to suffer substantial emotional distress, or be in fear of

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bodily injury. The term does not include constitutionally protected activity.

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     (4) "Computer" has the meaning given to that term in section 11-52-1.

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     (5) "Telecommunication device" means an analog or digital electronic device that

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processes data, telephony, video, or sound transmission as part of any system involved in the

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sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.

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     (b) Whoever, by computer or telecommunication device, harasses another person or

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causes any person to be contacted for the purpose of harassing that person or his or her immediate

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family is guilty of a misdemeanor and may be subject to imprisonment for not more than one year

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or fined not more than five hundred dollars ($500), or both.

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     (c) A second or subsequent conviction under subsection (b) of this section shall be

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deemed a felony subject to imprisonment for not more than two (2) years, or a fine of not more

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than six thousand dollars ($6,000), or both.

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     (d) If a person accused under this section claims to have been engaged in constitutionally

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protected activity, the court shall determine the validity of the claim as a matter of law and, if

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found valid, shall exclude evidence of the activity.

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     11-52-7.1. Online impersonation. -- (a) As used in this section the following terms shall

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have the following meanings:

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     (1) "Commercial social networking site" means a business, organization or other similar

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entity that operates a website and permits persons to become registered users for the purpose of

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establishing personal relationships with other users through direct or real-time communication

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with other users or the creation of web pages or profiles available to the public or to other users.

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     (2) "Electronic mail" means an electronic mail message sent through the use of an

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electronic mail program or a message board program.

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     (3) "Identifying information" means information that alone or in conjunction with other

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information identifies a person, including a person's:

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     (i) Name, social security number, date of birth, or government-issued identification

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number;

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     (ii) Unique biometric data, including the person's fingerprint, voice print or retina or iris

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image;

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     (iii) Unique electronic identification number, electronic mail address, routing code or

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financial institution account number; and

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     (iv) Telecommunication identifying information or access device.

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     (4) "Public official" means a person elected by the public or elected or appointed by a

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governmental body or an appointed official in the executive, legislative, or judicial branch of the

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state or any political subdivision thereof.

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     (b) A person commits the crime of online impersonation if the person:

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     (1) Uses the name or persona of another person to create a web page on or to post one or

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more messages on a commercial social networking site or sends an electronic mail, instant

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message, text message or similar communication without obtaining the other person's consent and

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with the intent to harm, defraud, intimidate or threaten any person;

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     (2) Sends an electronic mail, instant message, text message or similar communication that

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references a name, domain address, telephone number or other item of identifying information

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belonging to any person without obtaining the other person's consent, with the intent to cause a

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recipient of the communication to reasonably believe that the other person authorized or

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transmitted the communication and with the intent to harm or defraud any person; or

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     (3) Uses the name or persona of a public official to create a web page on or to post one or

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more messages on a commercial social networking site or sends an electronic mail, instant

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message, text message or similar communication without obtaining the public official's consent

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and with the intent to induce another to submit to such pretended official authority, to solicit

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funds or otherwise to act in reliance upon that pretense to the other person's detriment.

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     (c) Whoever violates this section shall be guilty of a felony and subject to imprisonment

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for not more than three (3) years or fined not more than two thousand dollars ($2,000), or both.

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     SECTION 3. Section 11-64-1 of the General Laws in Chapter 11-64 entitled "Electronic

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Imaging Devices" is hereby amended to read as follows:

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     11-64-1. Definitions. -- (1) For the purposes of this section the following definitions

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apply:

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      (a) "Disseminate" means to make available by any means to any person.

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      (b) "Imaging Device" means any electronic instrument capable of capturing, recording,

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storing or transmitting visual images.

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      (c) "Intimate areas" means the naked or undergarment clad genitals, pubic area, buttocks,

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or any portion of the female breast below the top of the areola of a person which the person

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intended to be protected from public view.

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      (d) "Legal entity" means any partnership, firm, association, corporation or any agent or

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servant thereof.

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      (e) "Publish" means to:

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      (i) Disseminate with the intent that such image or images be made available by any

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means to any person or other legal entity;

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      (ii) Disseminate with the intent such images be sold by another person or legal entity;

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      (iii) Post, present, display, exhibit, circulate, advertise or allow access by any means, so

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as to make an image or images available to the public; or

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      (iv) Disseminate with the intent that an image or images be posted, presented, displayed,

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exhibited, circulated, advertised or made accessible by any means, and to make such images

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available to the public.

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      (f) "Sell" means to disseminate to another person, or to publish, in exchange for

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something of value.

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     (g) "Sexually explicit conduct" means actual:

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     (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or

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oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is

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exhibited;

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     (ii) Bestiality;

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     (iii) Masturbation; or

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     (iv) Sadistic or masochistic abuse.

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     SECTION 4. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following sections:

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     11-9-1.4. Minor electronically disseminating indecent material to another person

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"Sexting" prohibited. – (a) As used in this section the following terms shall have the following

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meanings:

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     (1) "Minor" means any person not having reached eighteen (18) years of age;

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     (2) "Computer" has the meaning given to that term in section 11-52-1;

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     (3) "Telecommunication device" means an analog or digital electronic device that

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processes data, telephony, video, or sound transmission as part of any system involved in the

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sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;

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     (4) "Indecent visual depiction" means any digital image or digital video of the minor

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engaging in sexually explicit conduct, and includes data stored on any computer,

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telecommunication device, or other electronic storage media that is capable of conversion into a

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visual image;

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     (5) "Sexually explicit conduct" means actual masturbation or graphic focus on or

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lascivious exhibition of the nude genitals or pubic area of the minor or the nude breast or breasts

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of the minor, if the minor is a female.

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     (b) No minor shall knowingly and voluntarily and without threat or coercion use a

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computer or telecommunication device to transmit an indecent visual depiction of himself or

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herself to another person.

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     (c) A violation of this section shall be a status offense and referred to the family court.

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     (d) Any minor adjudicated under subsection (b) shall not be charged under section 11-9-

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1.3 and, further, shall not be subject to sex offender registration requirements set forth in section

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11-37.1-1 et seq., entitled "Sexual Offender Registration and Community Notification Act."

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     11-9-1.5. Electronically disseminating indecent material to minors prohibited. -- (a)

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As used in this section the following terms shall have the following meanings:

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     (1) "Minor" means any person not having reached eighteen (18) years of age.

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     (2) "Computer" has the meaning given to that term in section 11-52-1.

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     (3) "Telecommunication device" means an analog or digital electronic device that

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processes data, telephony, video, or sound transmission as part of any system involved in the

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sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.

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     (4) "Indecent visual depiction" means any digital image or digital video depicting one or

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more persons engaging in sexually explicit conduct, and includes:

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     (i) Data stored on any computer, telecommunication device, or other electronic storage

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media that is capable of conversion into a visual image; or

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     (ii) Digital video depicting sexually explicit conduct transmitted live over a computer

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online service, Internet service, or local electronic bulletin board service.

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     (5) "Sexually explicit conduct" means actual:

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     (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or

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oral-anal, or lascivious sexual intercourse where the genitals or pubic area of any person is

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exhibited;

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     (ii) Bestiality;

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     (iii) Masturbation;

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     (iv) Sadistic or masochistic abuse; or

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     (v) Graphic or lascivious exhibition of the genitals or pubic area of any person.

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     (b) No person shall knowingly and intentionally use a computer or telecommunication

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device to transmit an indecent visual depiction to a person he or she knows is, or believes to be, a

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minor.

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     (c) No minor shall be charged under this section if his or her conduct falls within section

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11-9-1.4, "Minor Electronically Disseminating Indecent Material to Another Person – "Sexting"

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Prohibited."

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     (d) The fact that an undercover operative or law enforcement officer was involved in the

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detection and investigation of an offense under this section shall not constitute a defense to a

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prosecution under this section.

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     (e) Any person who violates the provisions of this section shall be subject to sex offender

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registration requirements set forth in section 11-37.1-1 et seq., entitled "Sexual Offender

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Registration and Community Notification Act."

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     (f) Any person who violates the provisions of this section shall be guilty of a felony and

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may be imprisoned for not more than five (5) years or fined not more than five thousand dollars

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($5,000), or both.

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     SECTION 5. Chapter 11-64 of the General Laws entitled "Electronic Imaging Devices"

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is hereby amended by adding thereto the following section:

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     11-64-3. Unauthorized dissemination of indecent material. -- (a) A person is guilty of

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unauthorized dissemination of indecent material when such person uses an imaging device to

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capture, record, or store visual images of another person engaged in sexually explicit conduct or

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of the intimate areas of another person, with or without that other person's knowledge and consent

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under circumstances in which that other person would have a reasonable expectation of privacy

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and, thereafter, without the consent of the person or all persons depicted in the visual image,

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intentionally disseminates, publishes, or sells such visual image or images.

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     (b) Constitutionally protected activity is not subject to the provisions of this section.

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     (c) Any person who violates the provisions of this section shall not be subject to sex

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offender registration requirements set forth in section 11-37.1-1 et seq., entitled "Sexual Offender

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Registration and Community Notification Act."

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     (d) Any person who violates the provisions of this section shall be subject to

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imprisonment for not more than three (3) years or fined not more than five thousand dollars

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($5,000), or both.

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     SECTION 6. This act shall take effect upon passage.

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LC01863

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

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     This act would create various criminal offenses relating to Internet activity.

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     This act would take effect upon passage.

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LC01863

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