Skip to main content
H 8058Violent Crime Penalties

Criminal Offenses - Computer Crime

This bill strengthens cyberstalking laws by removing the requirement that harassment be the "only" purpose for contacting a victim.

Introduced54 Yea9 Nay12 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the Rhode Island "Computer Crime" laws regarding cyberstalking and cyberharassment. Currently, for a person to be convicted of these crimes, the state must prove that the communication was sent for the "sole" purpose of harassing the victim. This bill removes the word "sole" from the definition. This change broadens the scope of the law, meaning a person could be prosecuted for harassment even if they claim they had other reasons for contacting the victim, provided the conduct still meets the definition of harassment. Penalties for the offense remain unchanged.

For younger readers

There are laws that say people cannot use computers or phones to bully or scare others on purpose. Right now, the law says a person only gets in trouble if the *only* reason they messaged someone was to be mean. This bill changes that rule. Now, a bully can get in trouble for sending mean messages even if they say they had another reason to talk, like asking a question. This makes it harder for people to make excuses for cyberbullying. The punishment for doing this stays the same.

Who & Where It Applies

Impacted groups
Victims of HarassmentDomestic Violence SurvivorsLaw EnforcementInternet UsersCriminal Defendants
Impacted communities
All

Constitutional & Fiscal Check

Removing "sole" broadens the statute, potentially capturing speech protected by the First Amendment. While the bill explicitly excludes "constitutionally protected activity," proving a negative (that speech serves "no legitimate purpose") becomes harder when mixed motives are involved. This creates a moderate risk of vagueness or overbreadth challenges, particularly regarding political speech that is annoying or alarming but intended to petition grievances.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Strengthens protections for victims of domestic abuse and stalking by closing a legal loophole that allowed abusers to evade prosecution by claiming they had a secondary reason for contact (e.g., discussing child custody).
  • Modernizes the legal framework to better address the realities of online harassment, acknowledging that abuse often co-occurs with other types of communication.
  • May encourage more victims to come forward and seek justice, knowing that the burden of proof regarding the "sole" intent of the harasser has been lowered to a more reasonable standard.
  • Increases the power of the criminal justice system and expands the potential for incarceration, which aligns with concerns regarding the expansion of the carceral state rather than restorative justice solutions.
  • Could potentially be used to silence online activism or intense political criticism if law enforcement interprets persistent digital communication with public officials as having a "harassing" purpose alongside political intent.
  • Risk of disproportionate enforcement against marginalized communities who are often over-policed and may be more likely to have their communications interpreted as "alarming" or "annoying" by authorities.
For Conservatives
  • Strengthens law and order by giving police and prosecutors better tools to charge and convict individuals who engage in malicious behavior online.
  • Protects the sanctity of the home and personal privacy by ensuring that individuals cannot be tormented via electronic devices under the guise of other business.
  • Closes a loophole that criminals use to escape accountability, ensuring that existing laws are enforced effectively and strictly.
  • Potentially infringes on First Amendment free speech rights by lowering the threshold for what constitutes criminal communication, potentially affecting those who aggressively petition grievances.
  • Expands government overreach by allowing the state to interpret the "purpose" of private communications more broadly, rather than being restricted to cases where harassment is the only motive.
  • Could be weaponized by political opponents to criminalize persistent questioning or criticism of public figures if such conduct is deemed to "seriously annoy" with mixed intent.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 1 addition · 1 deletion

SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer Crime" is hereby amended to read as follows: 11-52-4.2. Cyberstalking and cyberharassment prohibited.

(a) Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section, “harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(b) A second or subsequent conviction under subsection (a) of this section shall be deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than six thousand dollars ($6,000), or both.

SECTION 2. This act shall take effect upon passage.