Tuesday

Rhode Island Stalking Laws

RHODE ISLAND

11-59-1. Definitions. 1994.
For the purpose of this chapter:
(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(2) "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.

11-59-2. Stalking prohibited. 1995.
(a) Any person who: (i) harasses another person; or (ii) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking, punishable by imprisonment for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or both.
(b) A second or subsequent conviction under subdivision (a) shall be deemed a felony punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

11-59-3. Violation of restraining order. 1992.
Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime of stalking as set forth in @ 11-59-2 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years or by a fine of not more than six thousand dollars ($6,000), or both.

Several new stalking laws were enacted on July 13, 2001.
S 193A creates a civil cause of action for stalking.

H 5348 permits an employer to obtain a restraining order or injunction against a stalker or harasser who is targeting a victim at the worksite.

H 5466A criminalizes cyberstalking and, and in particular, provides for felony penalties for second or subsequent cyberstalking convictions or for cyberstalking in violation of a restraining order.

Legislative Update: Rhode Island's legislature amended its stalking law to make the crime of stalking a felony offense, punishable by imprisonment for up to five years, a $10,000 fine, or both. The new law, SB 2935, took effect upon passage on June 25, 2002.