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The purpose of this web page is to document the changes which would result from passage of this bill which has been submitted on behalf of the Attorney General.
Until this statement is removed, please consider this page a "work in process"!

House Bill 7042 - AN ACT RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME
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This act would amend various chapters and provisions of the general laws to create to additional offenses relating to Internet activity.
This act would take effect upon passage.

House Bill No. 7042
(Attorney General) BY Martin, DaSilva
ENTITLED, AN ACT RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME (would amend various chapters and provisions of the general laws to create to additional offenses relating to Internet activity.)
{LC125/1} 01/05/2012 Introduced, referred to House Judiciary
01/27/2012 Scheduled for hearing and/or consideration (02/08/2012)

http://www.rilin.state.ri.us/BillText/BillText12/HouseText12/H7042.pdf

This bill consists of seven sections:

SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitle "Computer Crime" is hereby repealed. SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by adding thereto the following section:
  • 11-9-1.5. Electronically Disseminating Indecent Material to Minors Prohibited. - (a) Definitions. As used in this section:
    • (1) "Minor" means any person not having reached eighteen (18) years of age.
    • (2) "Computer" has the meaning given to that term in section 11-52-1.
    • (3) "Telecommunication device" means an analog or digital electronic device that processes data, telephony, video, or sound transmission as part of any system involved in the sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.
    • (4) "Indecent visual depiction" means any digital image or digital video depicting one or more persons engaging in sexually explicit conduct, and includes; (i) Data stored on any computer, telecommunication device, or other electronic storage media that is capable of conversion into a visual image; or (ii) Digital video depicting sexually explicit conduct transmitted live over a computer online service, Internet service, or local electronic bulletin board service.
    • (5) "Sexually explicit conduct" means actual:
      • (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals or pubic area of any person is exhibited;
      • (ii) Bestiality;
      • (iii) Masturbation;
      • (iv) Sadistic or masochistic abuse; or
      • (v) Graphic or lascivious exhibition of the genitals or pubic area of any person.
    • (b) No person shall knowingly and intentionally use a computer or telecommunication device to transmit an indecent visual depiction to a person he or she knows is, or believes to be, a minor.
    • (c) No minor shall be charged under this section if his or her conduct falls within the provisions of section 11-9-1.4, "Minor Electronically Disseminating Indecent Material to Another Person – "Sexting" Prohibited."
    • (d) The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
    • (e) Whoever violates the provisions of this section shall be subject to the sex offender registration requirements set forth in section 11-37.1-1 et seq., entitled "Sexual Offender Registration and Community Notification Act.”.
    • (f) Whoever violates the provisions of this section shall be guilty of a felony and may be imprisoned for not more than five (5) years or fined not more than five thousand dollars ($5,000), or both.
SECTION 3. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby amended by adding thereto the following sections: 11-52-3 Intentional access, alteration, damage, or destruction
  • 11-52-3.1. Unauthorized access to confidential information.
  • (a) Whoever intentionally, without authorization or in excess of one's authorization, directly or indirectly accesses a protected computer, computer program, computer system, or computer network, with the intent to either view, obtain, copy, or download any confidential information contained in or stored on such computer, computer program, computer system, or computer network, shall be guilty of a felony and shall be subject to the penalties set forth in section 11-52-5.
  • (b) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, advertising, authorized updates of software or system firmware, authorized remove system management, providing, operating, or improving a service used, requested, or authorized by an individual, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software.
  • 11-52-4 Computer theft. 11-52-4.4. Cyberstalking and cyberharassment prohibited. (a) Definitions. As used in this section:
    • (1) "Conduct" means either:
      • (i) A single act which causes a person to be repeatedly contacted by others in a manner which seriously alarms, annoys, or bothers the person; or
      • (ii) Two (2) or more acts over a period of time, evidencing a continuity of purpose, which seriously alarms, annoys, or bothers the person.
    • (2) "Immediate family" means a spouse, parent, child, or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six (6) months regularly resided in the household.
    • (3) "Harass" means to engage in intentional conduct that serves no legitimate purpose that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. The term does not include constitutionally protected activity.
    • (4) "Computer" has the meaning given to that term in section 11-52-1.
    • (5) "Telecommunication device" means an analog or digital electronic device that processes data, telephony, video, or sound transmission as part of any system involved in the sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.
  • (b) Whoever, by computer or telecommunication device, harasses another person or causes any person to be contacted for the purpose of harassing that person or his or her immediate family is guilty of a misdemeanor, and may be subject to imprisonment for not more than one year or fined not more than five hundred dollars ($500), or both.
  • (c) A second or subsequent conviction under subsection (b) of this section shall be deemed a felony, subject to imprisonment for not more than two (2) years or a fine of not more than six thousand dollars ($6,000), or both.
  • (d) If a person accused under this section claims to have been engaged in constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.
  • 11-52-7 Use of false information
    • 11-52-7.1 Offense of Online Impersonation. (a) Definitions. As used in this section:
      • (1) "Commercial social networking site" means a business, organization or other similar entity that operates a website and permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users.
      • (2) "Electronic mail" means an electronic mail message sent through the use of an electronic mail program or a message board program.
      • (3) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's:
        • (i) Name, social security number, date of birth, or government-issued identification number;
        • (ii) Unique biometric data, including the person's fingerprint, voice print or retina or iris image;
        • (iii) Unique electronic identification number, electronic mail address, routing code or financial institution account number; and
        • (iv) Telecommunication identifying information or access device.
        • (4) "Public official" means a person elected by the public or elected or appointed by a governmental body or an appointed official in the executive, legislative, or judicial branch of the state or any political subdivision thereof.
    • (b) A person commits the crime of online impersonation if the person:
      • (1) Uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site or sends an electronic mail, instant message, text message or similar communication without obtaining the other person's consent and with the intent to harm, defraud, intimidate or threaten any person;
      • (2) Sends an electronic mail, instant message, text message or similar communication that references a name, domain address, telephone number or other item of identifying information belonging to any person without obtaining the other person's consent, with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication and with the intent to harm or defraud any person; or
      • (3) Uses the name or persona of a public official to create a web page on or to post one or more messages on a commercial social networking site or sends an electronic mail, instant message, text message or similar communication without obtaining the public official's consent and with the intent to induce another to submit to such pretended official authority, to solicit funds or otherwise to act in reliance upon that pretense to the other person's detriment. (c) Whoever violates this section shall be guilty of a felony and subject to imprisonment for not more than three (3) years, or fined not more than two thousand dollars ($2,000), or both.
  • SECTION 4. Section 11-52-1 of the General Laws in Chapter 11-52 entitled "Computer Crime" is hereby amended to read as follows:
      11-52-1. Definitions. - As used in this chapter:
      • (10) "Confidential Information" means data that is protected from disclosure on the protected computer, computer program, computer system or computer network and that the computer, computer program, computer system or computer network does not transmit or disclose unless initiated by the owner of such protected computer, computer program, computer system or computer network.
      • (18) "Social Network Site" means:
        • (i) A service accessible on a world wide web domain whose primary purpose is to facilitate online social interaction among groups of members for primarily social purposes, and which integrates the following features within the unique profile web pages of is registered members:
          • (A) The ability of members, including minors, to post a name or nickname in combination with, photographs, multimedia and other personal information about the member on the profile web page;
          • (B) The ability for members, including minors, to establish interactive links from their profile web pages to one or more profile web pages of other members of the same social networking service;
          • (C) The ability for members of, or visitors to, the social networking service to leave messages or comments on a member’s profile web page that are visible to all or some visitors to that page;
          • (D) The ability of members of, or visitors to, the social networking service to search for members according to their age, gender, location, or interests in combination with age; and
          • (E) The ability of members to communicate through an embedded electronic mail feature.
        • (ii) A social networking site does not include:
          • (A) Discrete email, instant message, chat room, message board or other communication functionalities; or
          • (B) A service whose primary purpose is the facilitation of commercial transactions between its members or visitors.
          • (g) "Sexually explicit conduct" means actual:
            • (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;
            • (ii) Bestiality;
            • (iii) Masturbation; or
            • (iv) Sadistic or masochistic abuse.
    SECTION 5. Section 11-64-1 of the General Laws in Chapter 11-64 entitled "Electronic Imaging Devices" is hereby amended to read as follows:
      (g) “Sexually explicit conduct” means actual:
      • (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;
      • (ii) Bestiality;
      • (iii) Masturbation; or
      • (iv) Sadistic or masochistic abuse.
    SECTION 6. Section 11-64 of the General Laws in Chapter 11-64 entitled "Electronic Imaging Devices" is hereby amended by adding thereto the following section:
      11-64-3. Unauthorized Dissemination of Indecent Material. – (a) A person is guilty of unauthorized dissemination of indecent material when such person uses an imaging device to capture, record, or store visual images of another person eighteen (18) years of age or older engaged in sexually explicit conduct or of the intimate areas of another person, with or without that other person's knowledge and consent, under circumstances in which that other person would have a reasonable expectation of privacy, and, thereafter, without the consent of the person or all persons depicted in the visual image, intentionally disseminates, publishes, or sells such visual image or images. (b) Constitutionally protected activity is not subject to the provisions of this section. (c) Whoever violates this section shall not be subject to sex offender registration requirements set forth in section 11-37.1-1 et seq., entitled “Sexual Offender Registration and Community Notification Act.” (d) Whoever violates this section shall be subject to imprisonment for not more than three (3) years or fined not more than five thousand dollars ($5000), or both.
    SECTION 7. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled “Sexual Offender Registration and Community Notification” is hereby amended to read as follows:
      11-37.1-2. Definitions. --
        (e) "Criminal offense against a victim who is a minor" means and includes any of the following offenses or any offense in another jurisdiction which is substantially the equivalent of the following or for which the person is or would be required to register under 42 U.S.C. section 14071 or 18 U.S.C. section 4042(c):
          (6) Any violation of section 11-9-1.3 and/or section 11-9-1.5; [see above in Section II of this bill.]