CHAPTER 11-44

Trespass and Vandalism

Index Of Sections

• § 11-44-1  Vandalism – Obstruction of lawful pursuits.
• § 11-44-2  Injury or removal of vegetation – Buildings and fences.
• § 11-44-3  Arrest and detention of persons taking fruits and vegetables.
• § 11-44-4  Shooting, trapping or fishing on posted lands – Destruction of signs.
• § 11-44-5  Willful damage while hunting, trapping or fishing.
• § 11-44-6  Defacement of bank bills and notes.
• § 11-44-7  Misappropriation of vehicle, boat, or animal.
• § 11-44-8  Injury to or interference with water-control structures.
• § 11-44-9  Firing of weapon near baiting place.
• § 11-44-10  Injurious substances on baiting places.
• § 11-44-11  Injury to boundary or line markers.
• § 11-44-12  Injury to public property.
• § 11-44-12.1  Damage to instrumentality of public transportation.
• § 11-44-13  Injury to public statues and monuments.
• § 11-44-14  Breaking lamps or windows.
• § 11-44-15  Injuring or destroying books and other property of libraries, archives, or other records repositories.
• § 11-44-16  Removal of gravel from or deposit of debris on Easton’s Beach.
• § 11-44-17  Enforcement of § 11-44-16.
• § 11-44-18  Bounds of Easton’s Beach.
• § 11-44-19  Deposit of debris on Middletown beaches.
• § 11-44-20  Property of life saving corps – Interference or deception.
• § 11-44-21  Vandalizing alarms or call boxes – False alarms.
• § 11-44-21.1  Graffiti – Defacing private residences, offices, businesses or commercial property.
• § 11-44-22  Throwing articles at moving vehicles.
• § 11-44-23  Throwing objects at police officer, firefighter or police or fire vehicles.
• § 11-44-24  Blocking or obstructing public rights-of-way to water.
• § 11-44-25  Deposit of debris on public rights-of-way to water.
• § 11-44-26  Willful trespass – Remaining on land after warning – Exemption for tenants holding over.
• § 11-44-26.1  Mandatory minimum fine for willful trespass within school buildings.
• § 11-44-27  Fishing from Jamestown Bridge prohibited.
• § 11-44-28  Trespass upon premises of private recreational facilities.
• § 11-44-29  Willful breaking of glass.
• § 11-44-30  Posting of signs – Types.
• § 11-44-31  Desecration of places of public assemblage.
• § 11-44-32  Clearance of public rights of way.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

CHAPTER 11-5
Assaults

Index Of Sections

• § 11-5-1  Assault with intent to commit specified felonies.
• § 11-5-2  Felony assault.
• § 11-5-2.1  Felony assault by use of devices similar in appearance to a firearm.
• § 11-5-2.2  Battery – Criminal negligence.
• § 11-5-3  Simple assault or battery.
• § 11-5-4  Assault with dangerous weapon in dwelling house.
• § 11-5-5  Assault of police officers and other officials.
• § 11-5-6  Assault and battery in the collection of a loan.
• § 11-5-7  Assault of schoolteachers, school officials or other school department employees.
• § 11-5-8  Assault on correctional officer, or training school employee.
• § 11-5-8.1  Assault with bodily fluid.
• § 11-5-9  [Repealed.].
• § 11-5-10  Assault on persons 60 years of age or older causing bodily injury.
• § 11-5-10.1  Assault on persons 60 years of age or older causing serious bodily injury.
• § 11-5-10.2  Assault on persons with severe impairments causing serious bodily injury.
• § 11-5-10.3  Assault on persons 60 years of age or older by caretaker causing bodily injury.
• § 11-5-10.4  Assault on persons 60 years of age or older by caretaker causing serious bodily injury.
• § 11-5-11  Assault on persons with severe impairments.
• § 11-5-12  Abuse, neglect and/or exploitation of adults with severe impairments.
• § 11-5-13  [Repealed.].
• § 11-5-14  Assault on child in care of department of children, youth and families.
• § 11-5-14.1  Assault on child in care of department of children, youth and families causing serious bodily injury.
• § 11-5-14.2  Battery by an adult upon child ten (10) years of age or younger causing serious bodily injury.
• § 11-5-15  Aggravated harassment of a deputy marshal or deputy sheriff by an inmate.
• § 11-5-16  Assault of health care providers or emergency services medical personnel.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

Arson and Fires

SECTION 11-4-3

§ 11-4-3  Arson – Second degree. – Any person who knowingly causes, aids, procures or counsels by means of fire or explosion the damage or destruction of any unoccupied building, structure or facility the property of that person or another shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years, or shall be fined not more than two thousand five hundred dollars ($2,500), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.

Criminal Offenses

Arson and Fires

SECTION 11-4-2

§ 11-4-2  Arson – First degree. – Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion a substantial risk of serious physical harm to any person or damage to any building the property of that person or another, whether or not used for residential purposes, which is occupied or in use for any purpose or which has been occupied or in use for any purpose during the six (6) months preceding the offense or to any other residential structure, shall, upon conviction, be sentenced to imprisonment for not less than five (5) years and may be imprisoned for life, or shall be fined not less than three thousand dollars ($3,000) nor more than twenty-five thousand dollars ($25,000), or both; provided, further, that whenever a death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years. In all such cases, the justice may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for the minimum term is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.

CHAPTER 11-4

Arson and Fires

Index Of Sections

§ 11-4-1  [Repealed.].

§ 11-4-2  Arson – First degree.

§ 11-4-2.1  Arson – Custody.

§ 11-4-3  Arson – Second degree.

§ 11-4-4  Arson – Third degree.

§ 11-4-5  Arson – Fourth degree.

§ 11-4-6  Arson – Fifth degree.

§ 11-4-7  Arson – Sixth degree.

§ 11-4-8  Arson – Seventh degree.

§ 11-4-9  [Repealed.].

§ 11-4-10  Interference with fire alarm apparatus – Penalty.

§ 11-2-1  Abandonment or nonsupport of spouse or children. § 11-2-1  Abandonment or nonsupport of spouse or children. – Every person who shall abandon his or her spouse or children, leaving them in danger of becoming a public charge, or who shall neglect to provide according to his or her means for the support of his or her spouse or children, or who shall neglect or refuse to aid in the support of his or her spouse and/or children, except as otherwise provided for in § 11-2-1.1, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than six (6) months.

[See § 12-1-15 of the General Laws.]

§ 11-2-1.1  Failure to pay child support. § 11-2-1.1  Failure to pay child support. – (a) Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11 of title 15, who has incurred arrearage of past-due child support in the amount of ten thousand dollars ($10,000), and who shall willfully thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.   (b) Every person who has for a period of three (3) years willfully failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.   (c) For purposes of this section, “subsequent payments” means those payments or installments due and owing after a person has incurred an arrearage of ten thousand dollars ($10,000) as specified in subsection (a) of this section or those payments or installments due and owing after a person has failed to pay an installment for a period of three (3) years.   (d) The court may in its discretion direct that the sentence be served pursuant to § 12-19-2(b).[See § 12-1-15 of the General Laws.]

§ 11-2-2  Desertion by leaving state – Decree as evidence. § 11-2-2  Desertion by leaving state – Decree as evidence. – Any husband or father who without just cause deserts his wife or minor child by going into another state, and leaves them or any or either of them without making reasonable provisions for their support, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than five (5) years, or both. No civil proceeding in any court shall be held to be a bar to a prosecution pursuant to this section for desertion or nonsupport. In a prosecution pursuant to this section for desertion or nonsupport against a husband, a decree or judgment of any court in a proceeding in which the husband appeared or was personally served with process, establishing the right of the wife to live apart, or her freedom to convey and deal with her property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of that right.

§ 11-2-3  Complaints for nonsupport – Liability for costs. § 11-2-3  Complaints for nonsupport – Liability for costs. – (a) The director of the department of human services or his or her designee, or chief of police, or director of public welfare of any city or town, or any officer that the town council of any town or the city council of any city may appoint for the purpose, may make a complaint against any person for any of the offenses mentioned in § 11-2-1; and whenever any complaint shall be made by any of the officers listed in this subsection on account of the violation of § 11-2-1, the officer complainant shall not be required to give surety for costs, but shall give his or her personal recognizance and be liable in his or her individual capacity.   (b) Pursuant to § 11-2-1.1, the department of human services, after an investigation to determine the extent of an arrearage and the ability of the obligor to pay the arrearage or some portion of it may refer the case to the attorney general for prosecution in the family court for the county in which the obligor resides, unless the person does not reside within the state, then the prosecution may be brought in the family court for Providence County.   [See § 12-1-15 of the General Laws.]

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Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.