Makes it a misdemeanor to harass another person by following them and using an electronic device to record their movements in any public or private place.
Summary
H5655 amends Rhode Island’s stalking law to add a new offense called “video harassment.” Under the bill, a person commits this offense if they knowingly and willfully harass another person by following them and using an electronic device to record their movements in any public or private place, so long as the conduct serves no legitimate purpose. The bill also revises the statutory definition of “harasses” to expressly include this type of repeated following and recording behavior.
The bill leaves the existing stalking offense in place, including the current felony penalty for stalking, but creates a separate misdemeanor-level offense for video harassment. The new offense would be punishable by up to one year in prison, a fine of up to $1,000, or both, and would take effect immediately upon passage.
Impact
The bill would amend Chapter 11-59 of the Rhode Island General Laws, specifically the stalking definitions and prohibited conduct provisions in §§ 11-59-1 and 11-59-2. It expands the statutory framework to address conduct involving electronic recording while following a person, and it creates a new misdemeanor offense distinct from felony stalking. The practical effect would be to give law enforcement and prosecutors an additional charge for surveillance-like harassment that may not rise to the level of existing stalking provisions.
Sentiment
The available materials suggest generally supportive sentiment, with the bill framed as a targeted response to unwanted following and recording behavior. The caption and text indicate a focus on protecting individuals from intrusive conduct in both public and private spaces. No committee transcript or recorded vote is available, so there is no documented opposition or amendment debate in the provided record.
Contention
The main policy issue is the scope of the new offense and how it interacts with constitutionally protected activity, privacy concerns, and legitimate recording in public places. The bill attempts to limit overbreadth by requiring a knowing and willful course of conduct, a lack of legitimate purpose, and conduct that a reasonable person would find seriously annoying or tormenting. Potential contention could arise over whether the misdemeanor is sufficiently precise, whether it could affect journalists, activists, or others using recording devices, and how prosecutors would distinguish video harassment from lawful observation or documentation.