Frequently Asked Questions
CHAPTER 42-28
State Affairs and Government
42-28-46. Development of system monitoring crimes motivated by bigotry and bias.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) "Police department" – means all state, municipal and campus police departments within the state of Rhode Island;
(2) "Hate crime" – means any crime motivated by bigotry and bias, including, but not limited to threatened, attempted, or completed acts that appear after investigation to have been motivated by racial, religious, ethnic, sexual orientation, gender, gender identity or expression or disability prejudice or motivated by prejudice against a person who is homeless or is perceived to be homeless. For the purposes of this chapter, the definitions of disability, sexual orientation and gender identity or expression shall be defined as set forth in Rhode Island general laws § 11-24-2.1;
(3) "Hate crime data" – means information, incident reports, records and statistics relating to hate crimes, collected by the state police unit pursuant to this section;
(4) "Incident report" – means account of any individual occurrence of hate crime received or collected by the crime reporting unit pursuant to this section.
(b) The state police shall, by January 1, 1994, develop a system monitoring the occurrence of crimes committed in the state which the evidence of the offense demonstrates was motivated by racial, religious, ethnic bigotry, or bias on any other matter defined as a "hate crime" herein. All police departments within the state shall report monthly the occurrence of such crimes to the state police. The state police shall maintain a permanent record of these offenses categorized by community of occurrence, type of offense, target of offense, and such other information as the department deems relevant. The department shall develop a plan for the collection, analysis, and dissemination of the data regarding such crimes and shall promulgate regulations relating to the collection of hate crime data, as defined in this section, which are submitted by law enforcement agencies, individuals, state and local human rights commissions, and anti-discrimination advocacy organizations.
(c) The state police shall compile and distribute to each police department a listing of all criminal offenses and penalties for those actions defined as "hate crimes" herein. Notice of the provision of these sections shall be primarily posted at each police station.
(d) This section shall not be construed to increase or enhance the penalties against the perpetrators of hate crimes as defined in this section, unless provided for by any other section of law.
Animal Cruelty
Arson
Assault (Aggravated, Simple, Intimidation)
Bribery
Burglary/Breaking and Entering
Counterfeiting/Forgery
Destruction/Damage/Vandalism of Property
Drug/Narcotic Offenses
Embezzlement
Extortion/Blackmail
Fraud
Gambling
Homicide
Human Trafficking
Kidnapping/Abduction
Larceny Theft
Motor Vehicle Theft
Pornography/Obscene Material
Prostitution
Robbery
Sex Offenses, Forcible
Sex Offenses, Non-forcible
Stolen Property Offenses
Weapon Law Violations
Wrongfully obtaining and/or using another person’s personal data (e.g., name and date of birth, Social Security number, driver’s license number). This offense includes opening a credit card, bank account, etc. using a person’s information.
This offense should not be confused with Impersonation (26C) (falsely acting in the character or position to unlawfully deceive others to gain a profit or advantage; when impersonating another person, the offender would not be in possession of another person’s personal data).
Inducing a person by force, fraud, or coercion to participate in commercial sex acts, or in which the person induced to perform such act(s) has not attained 18 years of age.
All juveniles should be considered a victim of human trafficking if considered to be induced to perform commercial sex acts.
Human trafficking involves “exploitation” of the individual. Not every human trafficking incident should be based on the commercial sex act alone.
Survival sex is counted (Sex acts for food, shelter, etc.).
Each NIBRS offense belongs to one of three categories: Crimes Against Persons, Crimes Against Property, and Crimes Against Society. Crimes Against Persons, e.g., murder, rape, and assault, are those whose victims are always individuals. The object of Crimes Against Property, e.g., robbery, bribery, and burglary, is to obtain money, property, or some other benefit. Crimes Against Society, e.g., gambling, prostitution, and drug violations, represent society’s prohibition against engaging in certain types of activity, they are typically victimless crimes in which property is not the object.
For counting purposes, agencies should count one offense for each victim of a Crime Against Person, one offense for each distinct operation of a Crime Against Property (with the exception of motor vehicle theft, where one offense is counted for each stolen vehicle), and one offense for each Crime Against Society.
Offense 250(Counterfeiting/Forgery) is the altering, copying, or imitation of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud.
Bristol County: Barrington, Bristol, Warren
Kent County: Coventry, East Greenwich, T.F. Green International Airport, Warwick, West Greenwich, West Warwick
Newport County: Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton
Providence County: Brown University, Burrillville , Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield, Woonsocket
Washington County: Charlestown, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, University of Rhode Island, Westerly
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Multi-county jurisdictional categories
Other: Department of Environmental Management
State Police: State Police Headquarters, State Police Hope Valley, State Police Lincoln Woods, State Police Portsmouth, State Police Scituate, State Police Wickford
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