As reported by Donita Naylor in the September 17, 2014 edition of the Providence Journal, a Portsmouth man has been indicted on two (2) counts of first degree child molestation. He was indictment by the grand jury earlier this month.
Pursuant to Rhode Island General Laws 11-37-8.1, first degree child molestation is defined as a person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under. The penalties if convicted include imprisonment for a period of not less than twenty-five (25) years and may be imprisoned for life, sex offender counseling, sex offender registration and a no-contact order(s) with the victim(s).
Pursuant to R.I.G.L. 11-37-8.2.1, the law allows for electronic monitoring, via GPS, of specific individuals convicted of child molestation. The law allows for lifetime monitoring. The individuals who can be monitored include:
(1) Persons who commit first degree child molestation sexual assault on or after January 1, 2007 and the victim of the sexual assault is twelve (12) years of age or younger; or
(2) Persons who shall violate the conditions of § 11-37-8.1 on or after January 1, 2007 and be determined a high-risk of re-offense (level 3) offender under the conditions of § 11-37.1-12, and the person is deemed a child predator as defined in subsection 11-37-8.2.1(g) or have committed the offense in conjunction with circumstances involving kidnapping, torture or aggravated battery, and provided further that the victim to the offense is fourteen (14) years of age or younger.
(3) Any person who violates the terms of the global position monitoring conditions shall be guilty of a misdemeanor.
(c) Any costs associated with the requirements of this section shall be borne by the offender and the court is hereby authorized and empowered to utilize all resources available to collect the funds for these costs unless the court finds that the defendant is indigent. In such cases costs shall be waived in order to promote this section's legislative intent.
If you or a family member has been charged with child molestation, sexual assault 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 firstname.lastname@example.org.