Rhode Island Sex Offenses and Why They are Different

Being charged with a sex crime in the state of Rhode Island comes with consequences. The Rhode Island Court has put measures in place to address sex abusers. According to Chapter 11 of the Rhode Island statute, almost most sex crimes are classified as a felony, but a few less serious sex crimes are misdemeanors.

What is a Rhode Island Sex Crime?

Sex crimes in Rhode Island refer to sexual contact or penetration of another person without consent, as seen in Rhode Island General Laws Chapter 11. Sexual offenses in Rhode Island do not go unpunished, and perpetrators are liable to spend some time in the correctional facility, pay a fine, and register as a sex offender. Some sex crimes in Rhode Island are:

• Sexual assault
• Assault with the intention to commit sexual assault
• Indecent solicitation of a child
• Loitering for indecent purposes in or near schools
• Prostitution
• Procurement of sexual conduct for a fee
• Loitering for prostitution
• Pandering or permitting prostitution
• Indecent exposure and disorderly conduct

What are the Different Types of Sex Offenses?

Sex offenses in Rhode Island are under Rhode Island General Laws Chapter 11 (Criminal Offences), and the crimes include:

First Degree Sexual Assault (RI Gen L § 11–37–2)

First-degree sexual assault is the sexual penetration of another person through force or coercion or while the victim is mentally incapacitated, mentally disabled, or physically helpless. Under these circumstances, the accused is not the spouse and overpowers the victim or performs medical procedures on a victim for sexual gratification or arousal. First-degree sexual assault in the state of Rhode Island is a felony. Any individual convicted of a first-degree sexual assault charge will be liable for imprisonment for not less than ten years or life imprisonment.

Failure to Report a Sexual Assault (RI Gen L § 11–37–3.3)

A person who does not report a sexual assault or intended sexual assault to the authorities is guilty of a failure to report a sexual assault. The offense is a misdemeanor, and any person found guilty will be imprisoned for a period not more than a year or fined for not more than $500.

Second Degree Sexual Assault (RI Gen L § 11–37–4)

Second-degree sexual assault involves engaging in sexual contact with another mentally incapacitated, mentally disabled, or physically helpless person by using force or coercion. The accused, who is not the spouse, is aware of or has reason to be and uses concealment or the element of surprise to overpower the person. An offender is also guilty if the individual performs medical procedures on the person for sexual gratification, arousal, or stimulation. Second-degree sexual assault is a felony punishable by imprisonment for a minimum of three years but not for more than 15 years.

Third Degree Sexual Assault (RI Gen L § 11–37–6)

Third-degree sexual assault is indulging in sexual penetration of a person under the age of consent (16 years) but older than 14 years by a person over the age of 18 years. Third-degree sexual assault is a felony. Upon conviction, the offender is punishable by a prison sentence of not more than five years.

Assault with Intent to Commit First Degree Sexual Assault (RI Gen L § 11–37–8)

Any person proved beyond a reasonable doubt to have committed assault with intent to commit first-degree sexual assault is guilty of a felony—persons charged face at least three years of imprisonment in state prison.

First Degree Child Molestation Sexual Assault (RI Gen L § 11–37–8.1)

First-degree child molestation sexual assault is the sexual penetration of a person aged 14 years or younger than 14 years of age by any person. This offense is a felony, and any person found guilty will be imprisoned for a period not less than 25 years or imprisoned for life.

Second Degree Child Molestation Sexual Assault (RI Gen L § 11–37–8.3)

Any individual who engages in sexual contact with a person 14 years of age or under is guilty of second-degree child molestation sexual assault, which is a felony. The sentence for a successful conviction for such an offender will be prison time for at least six years but not exceeding 30 years in state prison.

Indecent Solicitation of a Child (RI Gen L § 11–37–8.8)

The indecent solicitation of a child is the establishment of contact in any form with a person under the age of 18 years to engage in the act of prostitution. The offense is a felony and will attract sentencing of not less than five years in prison if a conviction is achieved.

Loitering for Indecent Purposes in or Near Schools (RI Gen L § 11–34–11)

On the grounds of a school or within 300 feet of a school, any person who engages or attempts to engage any other person in prostitution or another indecent act is guilty of a misdemeanor. This offense is punishable by imprisonment of less than one year and a fine of not more than $1,000 but greater than $500.

Prostitution (RI Gen L § 11–34.1–2)

Prostitution is the exchange of a monetary fee for a voluntary attempt to perform a sexual act with another person. Prostitution in the state of Rhode Island is a petty misdemeanor on the first offense, which attracts sentencing of not more than six months of prison time or a fine within the range of $250 to $1000, or both. A subsequent offense on the same charge of prostitution is a misdemeanor, and violators are imprisoned for not more than a year or pay a fine not less than $500 but not more than $1,000.

Procurement of Sexual Conduct for a Fee (RI Gen L § 11–34.1–3)

It is an offense for any person to pay or attempt to compensate via monetary sum to another person to engage in any form of sexual conduct. This offense is a petty misdemeanor in Rhode Island. On the first offense, the court imposes a prison time of not more than six months or the payment of a fine of not less than $250 but not more than $1,000. For subsequent charges, the court will impose imprisonment for not more than a year and a fine not less than $500 but not more than $1,000.

Loitering for Prostitution (RI Gen L § 11–34.1–4)

It is illegal for any individual to remain stationary or move about on any public highway, street, private or public place for engaging passers-by in prostitution or other commercial sexual activity. The offense of loitering prostitution on the first occurrence is a petty misdemeanor and is punished by imprisonment for not more than six months or a fine between $250 to $1000. Subsequent convictions of loitering for prostitution is a misdemeanor, and the punishment is incarceration for not more than one year or a fine of not less than $500 but not more than $1,000, or both.

Pandering or Permitting Prostitution (RI Gen L § 11–34.1–7)

Persons who encourage another individual through any means or devices to engage in prostitution within the state or leave the state to engage in prostitution have acted against the law. Pandering or permitting prostitution is a felony. Any individual found guilty will suffer imprisonment for a period not less than a year but not more than five years and a fine of around $2000 to $5000. Following conviction on this same crime will be punished by incarceration for no less than three years and a fine of not less than $5,000 but not more than $10,000.

Indecent Exposure—Disorderly Conduct (RI Gen L § 11–45–2)

It is unlawful for anyone to expose the genitals to another person’s view in such a manner as to cause alarm or distress to the other person for sexual gratification, arousal, or stimulation. This offense is a misdemeanor, and anyone found guilty of indecent exposure will be liable to imprisonment for a period not greater than one year or a fine of not more than $1,000, or both. A subsequent offense is a felony and is punished by incarceration for up to three years. However, breastfeeding is not an act of indecent exposure.

Sex Offender Levels of Classification in Rhode Island

Rhode Island designates sex offenders into three levels, and the level increases based on the risk of re-offense by the abuser.

• Level 1—Low risk of re-offense

Sex offenders classified into this level have a low risk of repeating the sex offense after conviction. Few relevant entities such as law enforcement and the victim of the crime request notification of Level 1 sex offenders.

• Level 2—Moderate risk of re-offense

Offenders with a moderate level of risk of re-offense are at this level, and schools, organizations, or establishments receive notifications for offenders in Level 2.

• Level 3—High risk of re-offense

Members of the public have access to Level 3 sex offenders.

How Do I Find A Sex Offender Near Me in Rhode Island?

Following RI General Laws §11–37.1–1, sexual abusers must register with the law enforcement agencies in Rhode Island. Interested individuals can find sex offenders through The Rhode Island Sex Offender Registry (RISOR). RISOR provides information on sex offenders who have a high risk of re-offense, known as Level 3 offenders. Alternatively, requestors can visit the county’s local law enforcement agencies to find out about sex offenders in the community. Parties can make inquiries by email or mail.

RI General Laws §11–37.1–1 allows law enforcement agencies to notify the public and community when a sex offender is released and moving into a neighborhood to protect the citizens.

Rhode Island Sex Offender Registry

The Rhode Island State Police Force is in charge of the Rhode Island Sex Offender Registry (RISOR). The Rhode Island Sex Offender Registry updates information on all convicted sex offenders in the state of Rhode Island regularly. The RISOR gives notices to the community when a Level 3 offender lives nearby or when one moves into the neighborhood. The information is provided to keep the public from being victims of sex crimes.

Rhode Island Sex Offender Registry has an option where an interested person can receive email notifications on sex offenders within the neighborhood. The email system is free, and the public can register for email alerts on as many addresses as possible.

Information on the sex offender registry should not be used to harass the sex predator in any way.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Rhode Island?

The limitations of sex offenders in Rhode Island include;

• Level 1 and Level 2 Offenders are not allowed to reside within 300 feet of a private or public school or daycare institution. Level 3 offenders, on the other hand, are not allowed to live within 1000 feet of the above-listed establishments.
• Offenders who are homeless and are residing in a homeless shelter must provide all necessary data to the shelter, including name and date of birth. The offender must give this information to the shelter daily regardless of the time spent at the shelter.
• Employed sex offenders are required to inform employers about being a sex offender but are not allowed to work in any place where a minor is present.
• Sex offenders are not allowed to work as babysitters or reside close to a babysitting establishment.