As reported in the August 25, 2011 edition of the Providence Journal, a Providence man was arrested and charged with simple assault. The man is accused of grabbing a woman while she was walking down the street. The man has a serious criminal history and is a level III sex offender because of a second degree sexual assault conviction. His criminal record also shows convictions for drug possession. In addition to the new charge, he is also a probation violator.
Pursuant to Rhode Island General Laws 11-37-4:
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 include imprisonment for not less than three (3) years and not more than fifteen (15) years. In addition, all persons convicted of sex crimes are required to registered as sex offenders and undergo sex offender counseling.
Pursuant to R.I.G.L. 11-37.1-3, the registration requirements for sex offenders are:
(a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3) has been determined to be a sexually violent predator, (4) has committed an aggravated offense as defined in § 11-37.1-2, or (5) is a recidivist, as defined in § 11-37.1-4, shall be required to register his or her current address with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the time period specified in § 11-37.1-4.
(b) Any person who is: (1) a nonresident worker who has committed an offense that is subject to registration in the state of his or her residence and who is employed or carrying on a vocation in Rhode Island as defined in § 11-37.1-2(g), or (2) a nonresident student as defined by § 11-37.1-2(m) who has committed an offense that is subject to registration in the state of his or her residence and who is attending an educational institution in Rhode Island, shall be required to register his or her current address and the address of his or her place of employment or school attended with the local law enforcement agency having jurisdiction over the city or town in which the nonresident worker or student is employed or attending school.
(c) Any person having a duty to register as a sex offender in subsection (a) of this section who is enrolled at, employed at or carrying on a vocation at an institution of higher education shall have an additional duty to register the information described in subsection (a) of this section with the local law enforcement agency in the city or town where the primary campus of the institution of higher education at which the person is enrolled, employed or carrying on a vocation who is located for the period of time they are enrolled at, employed at or carrying on a vocation at the institution of higher education.
(d) If a person is registered as a sex offender in another state for an offense which, if committed within the jurisdiction of this state, would require the person to register as a sex offender, then that person, upon moving to or returning to this state, shall register as a sex offender in the same manner as if the offense were committed within Rhode Island.
If you or a family member has been charged with sexual assault, child molestation, child pornography or any other sex crime in Rhode Island, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at email@example.com.