As reported by W. Zachary Malinowski in the October 6, 2013 edition of the Providence Journal, a traffic stop by the Rhode Island State Police led to serious felony charges. The police stopped a Providence man who was driving with a fourteen (14) year old girl in the car. The man is accused of second degree sexual assault, enticement of a minor, possession of a firearm, a sword, and possession of drugs with intent to sell. The drug MDMA, known as "Molly" was found in the car. Other drugs and drug paraphernalia was found in the man's house.
Pursuant to Rhode Island General Laws 11-37-4, second degree sexual assault is defined as person who 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. Sex offender counseling and registration is also required.
Pursuant to R.I.G.L. 11-26-1.5, enticement of a child is defined as a person that 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.
The penalties if convicted include 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. Every person convicted of, or placed on probation for a violation of this section, may be ordered to attend appropriate professional counseling to address his or her behavior.
Pursuant to R.I.G.L. 21-28-4.01, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. MDMA, or Molly, also known as Ecstasy, is a controlled substance, schedule I.
A person who possesses or possesses with intent to distribute a controlled substance classified in schedule I or II, is guilty of a crime and upon conviction may be imprisoned for not more than thirty (30) years, or fined not more than one hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both.
If you or a family member has been charged with drug possession, sexual assault or other felony charges, please allow Attorney Robert H. Humphrey to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.