Title 11, Title 11 Offenses

If any provision of the chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this en…

This chapter shall be known and may be cited as the “Impersonation and Identity Fraud Act.”

As used in this chapter: (1) “Document-making implement” means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another docu…

(a) Any person who shall: (1) knowingly and without lawful authority produce an identification document or a false identification document; (2) knowingly transfer an identification document or a false identification document knowing that the document was stolen or produced withou…

(a) Every person who violates the provisions of § 11-49.1-3 shall be imprisoned for not more than three (3) years and may be fined not more than five thousand dollars ($5,000), or both, for a first conviction. (b) Every person who violates the provisions of § 11-49.1-3 may be imp…

(a)(1) Search warrants to search for and seize implements, apparatus, paraphernalia and other property and devices kept, possessed or used in violation of any of the provisions of this chapter, or as a means of committing a violation of this chapter, may be issued as provided by …

This chapter shall be known and may be cited as the “Rhode Island Identity Theft Protection Act of 2015.”

(a) A municipal agency, state agency, or person who or that stores, collects, processes, maintains, acquires, uses, owns, or licenses personal information about a Rhode Island resident shall implement and maintain a risk-based information security program that contains reasonable…

(a) The following definitions apply to this chapter: (1) “Breach of the security of the system” means unauthorized access or acquisition of unencrypted, computerized data information that compromises the security, confidentiality, or integrity of personal information maintained b…

(a)(1) Any municipal agency, state agency, or person who or that stores, owns, collects, processes, maintains, acquires, uses, or licenses data that includes personal information shall provide notification as set forth in this section of any disclosure of personal information, or…

(a) Each reckless violation of this chapter is a civil violation for which a penalty of not more than one hundred dollars ($100) per record may be adjudged against a defendant. (b) Each knowing and willful violation of this chapter is a civil violation for which a penalty of not …

(a) Any municipal agency, state agency, or person shall be deemed to be in compliance with the security breach notification requirements of § 11-49.3-4 if: (1) The municipal agency, state agency, or person maintains its own security breach procedures as part of an information sec…

(a) Any municipal agency or state agency that detects a cybersecurity incident shall provide notification to the Rhode Island state police upon detection of the cybersecurity incident within twenty-four (24) hours. (b) Any municipal agency or state agency required to make notific…

This chapter shall be known and may be cited as the “Internet Misrepresentation of Business Affiliation Act.”

The following definitions apply to this section: (1) “Electronic mail message” means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, and to which an electronic mail message can …

A person shall not, by means of a webpage or electronic mail message or otherwise, using the Internet, solicit, request or take any action to induce another person to provide identifying information by representing that the person, either directly or by implication, is an online …

Any person who is convicted of a violation of this chapter shall, upon conviction, be guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000) per offense, or both.

(a) The attorney general, or any person who either is engaged in the business of providing Internet access service to the public or owns a webpage or trademark and is adversely affected by reason of a violation of the chapter, may bring a civil action against a person who violate…

As used in this chapter: (1) “Advertisement” means a communication, the purpose of which is the promotion of a commercial product or service, including a communication on an internet website that is operated for a commercial purpose. (2) “Computer software” means a sequence of in…

It is unlawful for a person who is not an owner or operator to transmit computer software to the owner or operator’s computer with actual knowledge or with conscious avoidance of actual knowledge and to use such software to do any of the following: (1) Modify, through intentional…

It is unlawful for a person who is not an owner or operator to transmit computer software to the owner or operator’s computer with actual knowledge or with conscious avoidance of actual knowledge and to use the software to do any of the following: (1) Take control of the computer…

It is unlawful for a person who is not an owner or operator to do any of the following with regard to the owner or operator’s computer: (1) Induce an owner or operator to install a computer software component onto the computer by intentionally misrepresenting the extent to which …

Section 11-52.2-3 or 11-52.2-4 does not apply to any monitoring of, or interaction with, a subscriber’s internet or other network connection or service, or a computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of informat…

(1) A person who is injured under this chapter may bring a civil action in the superior court to enjoin further violations, or to seek up to one thousand dollars ($1,000) per violation, or actual damages, whichever is greater. The injured individuals may bring their cause of acti…

It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and n…

If any one or more sections, clauses, sentences or parts of this chapter shall for any reason be adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, impair or invalidate the remaining provisions of this chapter but shall be confined in its…

As used in this chapter: (a) “Access” means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer. (b) “Computer” means a device that accepts, processes, stores, retrieves or outputs data, and includes,…

A person commits the offense of online sale of stolen property when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means.

A person commits the offense of online theft by deception when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows is fictitious, stolen, or lacking the consent of the valid account holder.

A person commits the offense of online fencing when he or she sells stolen property using the Internet, knowing that the property was stolen. The provisions of this chapter shall not apply to a person who unknowingly purchases stolen property over the Internet.

(a) Any person convicted of any offense under §§ 11-52.3-2 and 11-52.3-4, if the value of the property is less than five hundred dollars ($500), shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, or by a fine of not more than one thousand dollars…

This chapter shall be known and cited as the “Uniform Act on Prevention of and Remedies for Human Trafficking.”

(a) The court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to pay restitution to the victim of the offense for: (1) Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable at…

(a) On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that: (1) Was used or intended to be used to commit or facilitate the commission of the offense; or (2) Constitut…

A prosecution for an offense under this chapter must be commenced not later than ten (10) years after commission of the offense.

In an investigation of or a prosecution for an offense under this chapter, every agency of state or local government shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is: (1)…

In a prosecution for an offense under this chapter or a civil action under § 11-67.1-18, evidence of a specific instance of the alleged victim’s past sexual behavior or reputation, or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evi…

(a) An individual is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim. (…

An individual charged with prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may assert an affirmative defense that the individual is a victim.

(a) An individual convicted of prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may apply by motion to the court having jurisdiction over the offense to vacate the conviction and seal or expunge the record of conviction. The cou…

(a) A victim may bring a civil action against a person who or that commits an offense against the victim under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. (b) If a victim prevails in an act…

(a) The council on human trafficking is created in the executive branch. The governor shall appoint the chair and members of the council. Members must include representatives of: (1) Department of the attorney general, the department of health, the department of children, youth a…

(a) For purposes of this chapter: (1) “Adult” means an individual eighteen (18) years of age or older. (2) “Coercion” means: (i) The use or threat of force against, abduction of, serious harm to, or physical restraint of, an individual; (ii) The use of a plan, pattern, or stateme…

(a) Any public or quasi-public transportation agency shall display a public-awareness sign that contains the state and national human trafficking resource center hotline information in every transportation station, rest area, and welcome center in the state that is open to the pu…

(a) A victim is eligible for a benefit or service available through the state in any plan established by the council on human trafficking [and identified in the plan developed under § 11-67.1-19(c)(1)], including compensation under the criminal injuries compensation act pursuant …

(a) On request from an individual whom a law enforcement officer or agent thereof reasonably believes is a victim who is, or has been, subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C…