2023 -- H 5572
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LC000621
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S TATE OF RHODE IS L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A CT
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
Introduced By: Representatives Batista, Craven, Knight, Potter, Cruz, Alzate, and Felix
Date Introduced: February 15, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
1 SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly
2 Conduct" is hereby amended to read as follows:
3 11-45-1. Disorderly conduct.
4 (a) A person commits disorderly conduct if he or she intentionally, knowingly, or
5 recklessly:
6 (1) Engages in fighting or threatening, or in violent or tumultuous behavior in such a way
7 that creates an actual public disturbance as evidenced by situations that include, but are not limited
8 to, a gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic,
9 or creating similar public disturbances;
10 (2) In a public place or near a private residence that he or she has no right to occupy,
11 disturbs another person by making loud and unreasonable noise which under the circumstances
12 would disturb a person of average sensibilities;
13 (3) Directs at another person in a public place offensive words which are likely to provoke
14 a violent reaction on the part of the average person so addressed;
15 (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building
16 entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public
17 has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
18 (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,
19 procession, or gathering;
1 (6) Enters upon the property of another and for a lascivious purpose looks into an occupied
2 dwelling or other building on the property through a window or other opening; or
3 (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose
4 through a window, or any other opening into an area in which another would have a reasonable
5 expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing
6 room, dressing room, bedroom, or any other such private area, notwithstanding any property rights
7 the individual may have in the location in which the private area is located.
8 (8) [Deleted by P.L. 2008, ch. 183, § 1].
9 (b) Any person, including a police officer, may be a complainant for the purposes of
10 instituting action for any violation of this section.
11 (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a
12 term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.
13 (d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful
14 picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.
15 SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A CT
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT
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1 This act would define, under the disorderly conduct statute, engaging in fighting or
2 threatening, or in violent or tumultuous behavior to include and specify it as conduct that creates
3 an actual public disturbance as evidenced by situations that include, but are not limited to, a
4 gathering of people drawn to and watching the conduct, stopping, impeding or causing traffic, or
5 creating similar public disturbances.
6 This act would take effect upon passage.
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Statutes affected: 5572: 11-45-1