Recent Blog Posts

Providence Child Solicitation Trial to Commence

Robert Humphrey — Tue, 15 May 2012 20:15:00 GMT

As reported in the May 14, 2012 edition of the Providence Journal, a New Jersey man has been charged with solicitation of a child. The man is accused of traveling to Rhode Island to have sex with an eight (8) year old child. The man is a registered sex offender in New Jersey. His trial began on Monday.

Pursuant to Rhode Island General Laws 11-37-8.8, indecent solicitation of a child is defined as 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.

The penalties if convicted include imprisonment for not less than five (5) years. The man used the Internet to commit his crimes. He posted information looking for parents who would allow him to have sex with their daughters.

If you or a family member has been charged with indecent solicitation of a child, possession of child pornography or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

South Kingstown Alcohol Offense Charges Dismissed

Robert Humphrey — Mon, 14 May 2012 19:42:00 GMT

In February of 2012, our Client was charged by the South Kingstown Police Department with possession of alcohol by a minor. Our Client was arrested after the car she was riding in was stopped by police.

Pursuant to Rhode Island General Laws 3-8-10, possession of alcohol by a minor is defined as:

Any person who has not reached his or her twenty-first (21st) birthday and has in his or her possession any beverage as defined in this title shall be fined one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense, three hundred dollars ($300) to seven hundred fifty dollars ($750) for the second offense, and four hundred fifty dollars ($450) to nine hundred fifty dollars ($950) for the third or subsequent offense. In addition, any person who violates this section shall be required to perform thirty (30) hours of community service and shall be subject to a minimum sixty (60) day suspension of his or her driver's license, and upon a second offense may be ordered to undergo a substance abuse assessment by a licensed substance abuse professional.

In May of 2012, the possession of alcohol by a minor charge was dismissed based on our negotiations and experience with underage alcohol offenses. This case is immediately eligible to be expunged from our client's record and it allowed her to avoid disciplinary proceedings at college and to avoid any license suspension.

If you or a family member has been charged with underage drinking, use of a fake ID or other alcohol related offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Providence Sexual Assault Allegation Against Cop

Robert Humphrey — Thu, 10 May 2012 18:31:00 GMT

As reported by Gregory Smith in the May 9, 2012 edition of the Providence Journal, a Providence police officer has been accused of sexual assault. The alleged victim made a report after being treated at the hospital. The case is currently under investigation and the officer has not been charged with sexual assault. The officer is suspended while the charge is being investigated.

Pursuant to Rhode Island General Laws 11-37-2, first degree sexual assault is defined as 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, not being the spouse, 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.

The penalties if convicted are imprisonment for a period not less than ten (10) years and may be imprisoned for life. The type of sexual assault alleged is unclear. The officer could be charged with second degree sexual assault, defined as a person is guilty of a second degree sexual assault if he or she engages in sexual contact 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 engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.

The penalties if convicted are imprisonment for not less than three (3) years and not more than fifteen (15) years. If convicted of either charge, the man would also be required to register as a sex offender and participate in sex offender counseling.

If you or a family member has been charged with sexual assault, possession of child pornography or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Johnston Theft Crimes & Grave Desecration Arrest

Robert Humphrey — Tue, 08 May 2012 19:12:00 GMT

As reported by Amanda Milkovits in the May 7, 2012 edition of the Providence Journal, a Johnston man has been arrested and charged with felony larceny over $500.00, receiving stolen goods and grave desecration. The man is accused of stealing bronze vases from gravesites and then selling them for scrap metal. The man has a lengthy criminal record including arrests for domestic assault and other domestic violence crimes.

Pursuant to Rhode Island General Laws 11-41-1 defines larceny as every person who shall steal any money, goods, or chattels, or any note of the general treasurer of this state for the payment of money, any bank bill, any certificate of any bank or of any public officer or corporation securing the payment of money to any person or certifying it to be due, any certificate of stock in any corporation, any order entitling a person to money or other article, or any bill of exchange, bill of lading, railroad ticket, bond, warrant, obligation, bill, or promissory note for the payment of money, or other valuable property, or any record or paper belonging to any public officer, or any writ, warrant, or other legal process, or any book or part of one containing an account, any receipt for money or other article paid or delivered, any adjustment or document of any kind relating to the payment of money or delivery of any article, any indenture of apprenticeship, or any deed, covenant, indenture, or assurance whatsoever respecting any property, real or personal, shall be deemed guilty of larceny.

The value of the property stolen determines the punishment. Theft of property valued at less than $500.00 is a misdemeanor and punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. Theft of property valued over $500.0 is a felony and punishable by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

Pursuant to R.I.G.L. 11-4-1-2 defines receiving stolen goods as every person who shall fraudulently receive any stolen money, goods, securities, chattels, or other property, knowing it to be stolen, shall be deemed guilty of larceny, although the person who stole the property may not have been prosecuted or convicted for it. The possession of any stolen property shall be evidence of guilty knowledge by the person having possession that the property was stolen, unless the person shows that it was acquired in the due course of trade and for adequate consideration. The penalties if convicted are the same as larceny.

If you or a family member has been charged with larceny, robbery or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Providence Nightclub Fight Leads to Five Arrests

Robert Humphrey — Mon, 07 May 2012 18:09:00 GMT

As reported by Felice Freyer in the May 7, 2012 edition of the Providence Journal, a fight broke out at local Providence nightclub. Five (5) people were arrested and charged with disorderly conduct and resisting arrest. This incident is the latest episode involving violence at nightclubs. Earlier this month, an incident at Monet Lounge involved numerous people and multiple injuries. On Easter weekend, at Level II, six (6) people were seriously injured. As a result of these incidents, a bill has been introduced in the Rhode Island General Assembly to prevent persons under the age of twenty-one (21) from admission into nightclubs.

Pursuant to Rhode Island General Laws 11-45-1, disorderly conduct is very broadly defined to include:

(1) Engages in fighting or threatening, or in violent or tumultuous behavior;

(2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;

(3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;

(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;

(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;

(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or

(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.

If convicted, the penalties include imprisonment for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.

Pursuant to R.I.G.L. 12-7-10, resisting arrest is defined as it shall be unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer, if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer. If convicted, the penalties include a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or by both fine and imprisonment.

If you or a family member has been charged with assault, felony assault or disorderly conduct, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Attorney Humphrey Law Day Lecture - Newport, RI

Robert Humphrey — Fri, 04 May 2012 18:03:00 GMT

I am once again honored to have had the opportunity to present with Judge Taft-Carter and Attorney Kimberly Petta, the Rhode Island Law Day program at the Newport County Courthouse. The Rhode Island Law Day program is sponsored by the Rhode Island Bar Association and focused upon First Amendment issues. Our presentation discussed free speech, its protections and the ability of government to limit free speech. The presentation included a discussion about cyber-crimes, specifically cyberbullying, cyberharassment, sexting, and the dangers of posting personal information on the Internet. In attendance at the program were over seventy (70) students and staff from Thompson Middle School located in Newport, Rhode Island.

The Rhode Island Bar Association does an excellent job in presenting programs throughout the State for middle school and high school students to celebrate Law Day. It is extremely beneficial for young people to understand our judicial system and to have an opportunity to discuss topics which are relevant to them. In addition to the cyber-crimes program, the students took a tour of the courthouse and cellblock, and watched live courtroom demonstrations at the Newport County Superior Court.

If you or a family member has been charged with an Internet crime such as cyber-bullying or sexting, which can lead to child pornography charges, please contact the Law Offices of Robert H. Humphrey. Attorney Robert H. Humphrey is a recognized leader in the area of sex crimes and Internet-related crimes. Please contact Attorney Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Connecticut Cyberharassment Trial Begins

Robert Humphrey — Thu, 03 May 2012 17:20:00 GMT

As reported in the May 3, 2012 edition of the Providence Journal, a Connecticut woman has been charged with cyberharassment. She is accused of posting journal entries of her boyfriend's teenage daughter online. The journals contained details regarding sexual activity and underage drinking. A jury is currently being selected as the case prepares for trial.

Pursuant to Rhode Island General Laws 11-52-4.2, cyberharassment is defined as 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. 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."

The penalties if convicted include a fine of not more than five hundred dollars ($500), by imprisonment for not more than one year, or both. Rhode Island law also provides for the victim of cyberharassment/cyberbullying to bring a civil action. Pursuant to R.I.G.L. 11-52-6, any person injured as a result of a violation of this chapter may bring a civil action against the violator for compensatory damages, punitive damages, court costs, and any other relief that the court deems appropriate, including reasonable attorneys' fees.

If you or a family member has been charged with cyberharassment, cyberstalking or other Internet crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Newport Sexual Assault Sentence

Robert Humphrey — Mon, 30 Apr 2012 19:19:00 GMT

As reported in the April 30, 2012 edition of the Providence Journal, a Navy midshipman is to be sentenced in a sexual assault case. The man was cleared for the charge of sexual assault but was found guilty of the charge of wrongful sexual contact with another classmate at the Naval Academy in Newport. He is to be sentenced later this week.

(1) The accused, not being the spouse, 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.

The penalties if convicted include imprisonment for a period not less than ten (10) years and may be imprisoned for life. If released from prison, sex offender counseling, lifetime sex offender registration and GPS monitoring are additional penalties imposed.

Pursuant to R.I.G.L. 11-37-4, second degree sexual assault is defined as if a person engages in sexual contact 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 engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.

The penalties if convicted include imprisonment for not less than three (3) years and not more than fifteen (15) years. Upon release, sex offender counseling and lifetime sex offender registration is also required.

Hit & Run Accident Cases Sentenced

Robert Humphrey — Fri, 27 Apr 2012 19:23:00 GMT

As reported by Gregory Smith in the April 25, 2012 edition of the Providence Journal, Judge Vogel of the Providence County Superior Court recently sentenced several people charged with hit and run and other driving accident cases. In a case involving an East Providence woman, she pled guilty to charges of drunk driving – serious injury resulting and reckless driving – serious injury resulting. She was sentenced to ten (10) years at the ACI, one (1) year to serve, four (4) years home confinement and probation. Following her release from prison, her license will be suspended for two (2) years.

In a case involving a Woonsocket woman, she was to enter a plea to the charge of hit and run – serious injury resulting. Based on a letter written by the victim, the woman was to be sentenced to five (5) year home confinement. However, the Judge did not accept the plea because she wanted to hear from the victim in person.

Pursuant to Rhode Island General Laws 31-26-1, hit and run resulting in serious personal injury is defined as the driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary. As used in this subsection, "serious bodily injury" means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The penalties if convicted include imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. Additionally, the license of the person may be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

If you or a family member has been charged with hit and run – injury resulting, drunk driving – serious injury resulting or other driving offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Rhode Island's Social Host Liability Attorney

Robert Humphrey — Tue, 24 Apr 2012 19:51:00 GMT

In 2009, Attorney Robert H. Humphrey's article on Social Host Liability was published in the Rhode Island Bar Journal. According to the article, "tragedies and near tragedies involving alcohol, occurring throughout Rhode Island, led to the adoption of the State's Social Host Laws. The term "social host liability" refers to both criminal liability, which is an statutory prohibition enforced by the State that may lead to criminal penalties such as fines and imprisonment, and civil liability, referring to an action, by a private party against a host, seeking monetary damages for injuries and damages."

In the context of criminal liability, those who furnish or procure and/or are aware of the consumption of alcohol by underage persons in their residence or on their property are being held criminally liable. In addition, individuals under the age of twenty-one (21) who either transport alcoholic beverages or have possession of alcoholic beverages or misrepresent their age to obtain alcohol beverages are subject to stiff penalties including, but not limited to, fines of up to $1,000.00, community service and suspension of their drivers' licenses.

In the context of civil liability, the Rhode Island Supreme Court has held that if a homeowner provided alcoholic beverages to underage persons or had actual knowledge of the presence and consumption of alcohol by underage persons on the property, then the homeowner was duty-bound to exercise reasonable care to protect the injured guest. In its decision in Willis v. Omar, the RI Supreme Court affirmed its holding in the Martin case, and stated that the Court will only recognize Social Host Liability in the limited circumstances where a special relationship exists because a host unlawfully furnished alcohol to an underage person. "This Court recently set forth the elements for finding a special relationship in Martin in which the plaintiff was a guest at a high school graduation party at which alcoholic beverages, including keg-beer, were readily available to numerous underage partygoers. An altercation arose, fueled by alcohol, during which the plaintiff was struck in the head by a party-crasher welding a baseball bat. We held that a party host who makes alcohol available to underage guests owes a duty of reasonable care to protect the guests from harm, including a criminal assault. Such a duty exists as a matter of law between the host and the underage guests because allowing underage drinking gives rise to a special duty, based on both public policy and foreseeability grounds. To avoid assuming a duty of protection, the adult property owner must simply comply with existing law and refuse to provide alcohol or condone underage drinking on his or her property."

According to a recent article in Rhode Island Lawyers Weekly, Judge Savage's decision in Leonard, Jr. v. Therrien, may be expanding social host liability in Rhode Island. In Leonard, Judge Savage "denied summary judgment to the parents of an 18-year-old who had hosted a party. The parents were away and had been told by their son that he would have a small number of friends over to watch a football game. That escalated into a party in which at least 15 guests arrived with their own alcohol. A fight between the son and one of the guests ensued, resulting in head injuries to the guest. The guest sued the parents, claiming they were negligent in maintaining the premises by failing to supervise the party." This denial of the motion for summary judgment may indicate that the theory of liability may be creeping towards including homeowners who are not even present when underage persons consume alcohol on their property.

In a related case, the trial of a former Chariho School Committee Member and mother arrested for an alleged violation of Rhode Island Social Host Laws is scheduled for June 14, 2012 before the 4^th Division District Court. The mother was arrested after teens alleged consumed alcohol on her property and were later involved in a serious car accident.

The law regarding criminal and civil liability under Rhode Island Social Host Laws is ever evolving. If you or a family member has been charged with a violation of Rhode Island's Social Host Laws, please allow Attorney Robert H. Humphrey's, reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com. For more information regarding the civil and criminal liability of adults who furnish or procure alcohol for underage persons or information regarding the penalties imposed against underage persons who possess or transport alcohol, please see my Social Host Liability article, which was recently published in the Rhode Island Bar Journal.

Providence Felony Dismissed and No Criminal Conviction

Robert Humphrey — Mon, 23 Apr 2012 20:14:00 GMT

In October of 2011, our client was arrested by the Providence Police Department and charged with two (2) charges, felony driving a motor vehicle without the owner's consent and misdemeanor of leaving the scene of an accident – property damage resulting.

Pursuant to Rhode Island General Laws 31-26-2, leaving the scene of an accident – resulting in property damage is defined as, the driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.

The penalties if convicted include a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or his or her driver's license or operating privilege in the state may be suspended for a period up to six (6) months, and/or he or she may be imprisoned for a period not to exceed 6 months.

Pursuant to R.I.G.L. 31-9-1, operating a motor vehicle without the consent of the owner is defined as any person who drives a vehicle, not his or her own, without the consent of its owner or lessee, and with intent temporarily to deprive the owner or lessee of his or her possession of the vehicle, without intent to steal the vehicle, is guilty of a felony. The consent of the owner or lessee of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's or lessee's consent on a prior occasion to the taking or driving of that vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or driving, is guilty of a felony.

The penalties if convicted include a fine of not more than five thousand dollars ($5,000) or imprisoned for a term of not more than five (5) years, or both.

However, due to Attorney Humphrey's skill and experience handling serious felony cases, the felony was dismissed at our Client's arraignment in Superior Court. Our client received a filing, which is not a criminal conviction and he never lost his license. This case is eligible for expungement in one (1) year which is extremely beneficial to our Client who works in the financial industry and needed a clean criminal record.

If you or a family member has been charged with driving a stolen vehicle, hit and run, or other driving offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Cranston Driver Cited in Bus Crash

Robert Humphrey — Fri, 20 Apr 2012 18:12:00 GMT

As reported by Maria Armental in the April 19, 2012 edition of the Providence Journal, a Cranston teenager has been cited in connection with a school bus crash. The teenager was driving and his car veered out of his lane and into the school bus. This caused the school bus to crash through a guardrail and into a tree. The bus was carrying children on a field trip. The children suffered minor injuries, but the bus driver was thrown from the bus. The teenager was cited for a laned roadway violation, a civil traffic violation. The teenager could be charged with criminally, with reckless driving.

Pursuant to Rhode Island General Laws 31-27-4, reckless driving is defined as any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.

He could also be charged with driving to endanger – physical injury resulting pursuant to R.I.G.L. 31-27-1.2, which is defined as:

(a) When the physical injury of any person ensues as a proximate result of the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in physical injury".

(b) Any person charged with a violation of this section shall upon conviction be imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle be suspended for no more than one year.

If you or a family member has been charged with reckless driving, drunk driving or other motor vehicle offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Providence Rape and Video Voyeurism Charges

Robert Humphrey — Wed, 18 Apr 2012 20:24:00 GMT

As reported Amanda Milkovits in the April 17, 2012 edition of the Providence Journal, Providence Police have arrested three (3) men and charged them with multiple counts of first degree sexual assault, kidnapping, conspiracy and video voyeurism. The men are accused of repeatedly raping the same woman and videotaping their exploits. One of the men was on probation for felony assault.

(1) The accused, not being the spouse, 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.

The penalties if convicted of first degree sexual assault include imprisonment for a period not less than ten (10) years and may be imprisoned for life. If released from prison, lifetime sex offender registration and sex offender counseling are also required.

Pursuant to Rhode Island General Laws 11-64-2, video voyeurism is defined as, 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.

The penalties if convicted of video voyeurism include imprisonment for not more than three (3) years in jail and/or fined not more than five thousand dollars ($5000).

If you or a family member has been charged with first degree sexual assault, possession of child pornography or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Rhode Island State Police Child Pornography Arrests

Robert Humphrey — Fri, 13 Apr 2012 13:31:00 GMT

As reported by W. Zachary Malinowski in the April 12, 2012 edition of the Providence Journal, the Rhode Island State Police arrested ten (10) people for possession and transfer of child pornography. All suspects were men and range in age from eighteen (18) to seventy-one (71) years old. There is one juvenile who was arrested, his age is unknown. An eleventh person was also arrested for possession of a controlled substance, mushrooms. This man was arrested when police came to arrest his roommate for child pornography.

Pursuant to Rhode Island General Laws 11-9-1.3, 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.

The penalties for mere possession of child pornography include a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both. Transferring child pornography is punished more severely. The penalties include a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both.

If you or a family member has been charged with possession of child pornography, drug possession or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Providence Sexual Assault - Jury Returns Guilty Verdict

Robert Humphrey — Thu, 12 Apr 2012 16:57:00 GMT

As reported by Katie Mulvaney in the April 11, 2012 edition of the Providence Journal, a Superior Court jury has rendered a guilty verdict against a Providence man charged with four (4) counts of first degree sexual assault and assault with a dangerous weapon. The man has been found guilty of raping a sixteen (16) year old girl and beating and choking her. The man is scheduled to be sentenced in June.

(1) The accused, not being the spouse, 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.

Pursuant to R.I.G.L. 11-5-2, assault with a dangerous weapon, or felony assault is defined as every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury, shall be punished by imprisonment for not more than twenty (20) years.

(1) Creates a substantial risk of death;

(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or

(3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.