Leyes sobre la edad de consentimiento en Rhode Island: estatutos, penas y cómo reportar

(a) Definitions. For purposes of this chapter, “position of authority” means and includes, but is not limited to, any person who is acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities to a person under the age of eighteen (18) years, or a person who is charged with any duty or responsibility for the health, welfare, or supervision of a person under the age of eighteen (18) years, either independently or through another, no matter how brief, at the time of the act.

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A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.

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A person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under.

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A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless. (2) The accused uses force or coercion. (3) The accused, through concealment or by the element of surprise, is able to overcome the victim. (4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.

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The following words and phrases, when used in this chapter, have the following meanings: (1) “Accused” means a person accused of a sexual assault. (2) “Force or coercion” means when the accused does any of the following: (i) Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon. (ii) Overcomes the victim through the application of physical force or physical violence. (iii) Coerces the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes that the accused has the present ability to execute these threats. (iv) Coerces the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat. (3) “Intimate parts” means the genital or anal areas, groin, inner thigh, or buttock of any person or the breast of a female. (4) “Mentally disabled” means a person who has a mental impairment which renders that person incapable of appraising the nature of the act.

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If a person is convicted of a second or subsequent offense under the provisions of §§ 11-37-2, 11-37-4, 11-37-8, 11-37-8.1, and 11-37-8.3, the sentence imposed under these sections for the second or subsequent offenses shall not be less than twice the minimum number of years of sentence for the most recent offense.

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Every person who shall commit sexual assault in the third degree shall be imprisoned for not more than five (5) years.

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Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life.

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(a) Title and Legislative Intent. The title of this section shall be “The Jessica Lunsford Child Predator Act of 2006.” In enacting this section the general assembly intends that in order to ensure the safety of victims the most dangerous child predators be electronically monitored via an active global positioning system in order to ensure that their whereabouts can be easily ascertained by law enforcement and other responsible authorities at all times while providing treatment to offenders. (b) Every person who shall violate the provisions of subdivisions 11-37-8.2.1(b)(1) — 11-37-8.2.1(b)(2) listed herein shall be electronically monitored via an active global positioning system for life and, as a condition of parole and probation, and for the duration of any period of his or her probation following his or her parole shall attend a sex offender treatment program to address his or her criminally offensive behavior, as determined by the department of probation and parole.

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Every person who shall commit second degree child molestation sexual assault shall be imprisoned for not less than six (6) years nor more than thirty (30) years.

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(a) A person is guilty of indecent solicitation of a child if he or she knowingly solicits another person under eighteen (18) years of age or one whom he or she believes is a person under eighteen (18) years of age for the purpose of engaging in an act of prostitution or in any act in violation of chapter 9, 34, or 37 of this title. (b) As used in this section, the word “solicit” or “solicitation” means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, through the Internet, or by advertisement of any kind.

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Every person who shall commit indecent solicitation of a child shall be imprisoned for not less than five (5) years.

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(a) A person shall be guilty of a felony if that person attempts to persuade, or persuades a minor child under the age of sixteen (16) years, whether by words or actions or both, with intent to engage in felonious conduct against that child to either: (1) Leave the child’s home or school; (2) Enter a vehicle or building; or (3) Enter an area, with the intent that the child shall be concealed from public view; while the person is acting without the authority of: (i) the custodial parent of the child, (ii) the state of Rhode Island or a political subdivision of the state, or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child. (b) Every person convicted of a violation of the provisions of this section shall be guilty of a felony, and shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five thousand dollars ($5,000), or by both fine and imprisonment.

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(a) A person is guilty of prostitution when such person engages, or agrees, or offers to engage in sexual conduct with another person in return for a fee. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both. (b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.

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(a) “Abscond” means to not register as required, or to relocate to some unknown place other than the registered place of residence, or to conceal himself or herself in an attempt to avoid registration or verification of registration. (b) “Aggravated offense” means, and includes, offenses involving sexual penetration of victims of any age through the use of force, or the threat of use of force, or offenses involving sexual penetration of victims who are fourteen (14) years of age or under. (c) “Board,” “board of review,” or “sex offender board of review” means the sex offender board of review appointed by the governor pursuant to § 11-37.1-6.

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(a) Annual registration. Any person required to register under § 11-37.1-3(a)(1) or (2) shall annually register with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for a period of ten (10) years from the expiration of sentence for the offense and shall verify his or her address with the agency on a quarterly basis for the first two (2) years of the period unless the person has been determined to be a sexually violent predator in accordance with § 11-37.1-6 or unless the person is required to register for the life of that person in accordance with the provisions of subsection (c) of this section. (b) Sexually violent predators. Any person who has been determined to be a sexually violent predator in accordance with the provisions of § 11-37.1-6 shall be required to annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the life of that person and to verify his or her address on a quarterly basis for the life of that person. (c) Recidivists and aggravated crime offenders.

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(1) A person is guilty of video voyeurism when, for the purpose of sexual arousal, gratification or stimulation, such person: (a) Uses, installs or permits the use or installation of an imaging device to capture, record, store or transmit visual images of the intimate areas of another person without that other person’s knowledge and consent, and under circumstances in which that other person would have a reasonable expectation of privacy. (b) Intentionally, and with knowledge that the image was obtained in violation of subsection (a), disseminates, publishes, or sells such image of the captured representation of another person or persons depicted in the representation or reproduction, and who did not consent to the dissemination, publication or sale. (2) A person is also guilty of video voyeurism when that person, for the purpose of sexual arousal, gratification or stimulation, looks into an occupied dwelling or other building by use of an imaging device that provides images of the interior of a dwelling.

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(a) A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of: (1) Forced labor in violation of § 11-67.1-4; or (2) Sexual servitude in violation of § 11-67.1-5. (b) Every person who shall commit trafficking of a minor shall be guilty of a felony, subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars ($40,000), or both. (c) Every person who shall commit trafficking of an adult shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.

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(a) A person commits the offense of sexual servitude if the person knowingly: (1) Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or (2) Uses coercion or deception to compel an adult to engage in commercial sexual activity. (b) It is not a defense in a prosecution under subsection (a)(1) of this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult. (c) Every person who shall commit sexual servitude of a minor shall be guilty of a felony, subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars ($40,000), or both. (d) Every person who shall commit sexual servitude of an adult shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.

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(a) A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the other individual is a victim of sexual servitude. (b) Every person who shall patronize a minor for purposes of sexual servitude of a minor shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both. (c) Every person who shall patronize an adult for purposes of sexual servitude of an adult shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a fine of up to ten thousand dollars ($10,000), or both.

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(a) A person commits the offense of patronizing a minor for commercial sexual activity if: (1) With the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so that the individual may engage in commercial sexual activity with a minor; or (2) The person gives, agrees to give, or offers to give anything of value to a minor or another person so that an individual may engage in commercial sexual activity with a minor. (b) Every person who shall patronize a minor for purposes of commercial sexual activity with a minor shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a fine of up to twenty thousand dollars ($20,000), or both.

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(a) Every person having the custody or control of any child under the age of sixteen (16) years who shall exhibit, use, or employ, or shall in any manner or under pretense sell, give away, let out or otherwise dispose of any child under the age of sixteen (16) years to any person for or in the vocation, occupation, service, or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical, or musical exhibition unless it is in connection with churches, school or private instruction in dancing or music, or unless it is under the auspices of a Rhode Island society incorporated, or organized without incorporation for a purpose authorized by § 7-6-4; or for or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of the child; or for or in the exhibition of any child with a disability, or in any illegal, obscene, indecent, or immoral purpose, exhibition, or vocation, injurious to the health or morals or dangerous to the…

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Every person, firm, association, or corporation which shall publish, sell, offer for sale, loan, give away, or otherwise distribute any book, magazine, pamphlet, or other publication, or any photograph, picture, or film which depicts any child, or children, under the age of eighteen (18) years and known to be under the age of eighteen (18) years of age by the person, firm, association, or corporation in a setting which taken as a whole suggests to the average person that the child, or children, is about to engage in or has engaged in, any sexual act, or which depicts any child under eighteen (18) years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, for the first offense, be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both; for any subsequent offense, by imprisonment for not more than fifteen (15) years, or by a fine of not more than fifteen thousand dollars ($15,000), or both. Provided, that artistic drawings, sketches, paintings, sculptures, or other artistic renditions, shall be exempt from the provisions of this section.

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(a) Violations. It is a violation of this section for any person to: (1) Knowingly produce any child pornography; (2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography; (3) Knowingly reproduce any child pornography by any means, including the computer; or (4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography. (b) Penalties.(1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both. (2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both. (c) Definitions.

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(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 § 11-52-1. (3) “Telecommunication device” means an analog or digital electronic device that processes data, telephone, 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, is obscene as defined in § 11-31-1(b), 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. If a digital image or digital video is part of a larger work, that larger work shall be the subject for the purpose of § 11-31-1(b) analysis.

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(a) Definitions as used in this section: (1) “Minor” means any person not having reached eighteen (18) years of age. (2) “Produces” means produces, directs, manufactures, issues, publishes, or advertises. (3) “Visual portrayal” means any visual depiction as defined in § 11-9-1.3, including, but not limited to, any photograph, film, video, picture, or computer-generated image or picture whether made or produced by electronic, mechanical, or other means. (b) Any person age eighteen (18) or over who knowingly and voluntarily, without threat or coercion, produces, possesses, displays, or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are used for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year, or fined not more than one thousand dollars ($1,000), or both. (c) Affirmative defenses.

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Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to violate any law of this state, or the ordinances of any town or city in this state, or who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to be guilty of any vicious or immoral conduct, or who, being the parent, parents, legal guardian, or person having the custody or the control of any such child, permits or suffers the child to habitually associate with vicious, immoral, or criminal persons, or to grow up in ignorance, idleness, or crime, or to wander about the streets of any city or town in the nighttime without being in any lawful business or occupation, or to enter any house of ill fame, policy shop, or place where any gambling is carried on or gaming device is operated, or to enter any place where intoxicating liquors are sold, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.

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(a) When used in this section, the following words and phrases are construed as follows: (1) “Child” means any person under eighteen (18) years of age. (2) “Serious bodily injury” shall have the same definition as contained in § 11-5-2(c). (3) “Sexual abuse” means any sexual contact or penetration prohibited by chapter 37 of this title. (b) A person is guilty of endangering the welfare of a child when being a parent, guardian, or any other person who has custody or control of a child, the person: (1) Wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury to the child or sexual abuse of the child; or (2) Wantonly or recklessly fails to take reasonable steps to alleviate such risk to the child where there is a duty to act. (c) For purposes of this section, such wanton and reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that their acts, or omissions where there is a duty to act, would result in a substantial risk of serious bodily injury to the child or sexual abuse of the child for whom they have custody or control.

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