Rhode Island Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Rhode Island does not grade felonies into classes or degrees. Unless otherwise provided, any criminal offense which may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is a felony. The maximum prison term and fine for each felony are set by the statute defining that offense (for example, larceny of property valued over $10,000, or of a firearm, carries up to ten (10) years).

Misdemeanor: any criminal offense punishable by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or both. Petty misdemeanor: punishable by imprisonment for a term not exceeding six (6) months, or by a fine of not more than five hundred dollars ($500), or both. Violation: any offense punishable by only a fine of not more than five hundred dollars ($500).

Larceny becomes a felony when the value exceeds one thousand five hundred dollars ($1,500). Tiers: value exceeding $1,500 and less than $5,000: imprisonment for up to 3 years, a fine of up to $1,500, or both; the next tier up to $10,000: up to 6 years, a fine of up to $3,000, or both; value exceeding ten thousand dollars ($10,000), or if the property is a firearm: imprisonment for not more than ten (10) years, a fine of up to $5,000, or both. Value not exceeding $1,500: imprisonment for not more than one year, or a fine of not more than five hundred dollars ($500), or both. Larceny from a victim 65 or older carries enhanced penalties.

If any person dies or is injured while committing one of the offenses listed in §§ 11-8-2 through 11-8-6 (burglary and breaking-and-entering offenses), it is rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any of those listed offenses.

No statute of limitations for homicide, arson, burglary, counterfeiting, forgery, robbery, rape, listed sexual assault and child molestation offenses, bigamy, listed drug manufacturing and distribution offenses, and any offense punishable by a maximum of life imprisonment. Ten (10) years for listed offenses including felony larceny, receiving stolen goods, embezzlement, false pretenses, bribery, perjury, threats and extortion, racketeering, elder exploitation, bank fraud and residential mortgage fraud. Seven (7) years from when the facts become known to law enforcement for listed environmental violations. Any other criminal offense: three (3) years, unless a longer period is otherwise provided by law. Principals, accessories and conspirators are subject to the same period as the underlying offense.

All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, for offenses involving the use or threat of use of a dangerous weapon by one already convicted of a qualifying offense (as the section specifies), or for listed controlled-substance offenses (such as trafficking, possession with intent to distribute, or possession punishable by ten or more years), when the proof of guilt is evident or the presumption great. There is no constitutional right to bail pending appeal of a conviction. A justice of the supreme, superior or district court may release a person held on a criminal charge on recognizance in the sum named in the process or, if none, any sum the justice deems reasonable. Surety, or a deposit of ten percent (10%) of the bail set with the court, is the sole monetary condition of release; a court may not require a cash deposit as the sole monetary condition (except where court-imposed restitution is owed), and a deposit is returned if the defendant appears as required.

The state Office of the Public Defender must represent and act as attorney for indigent defendants in criminal cases referred by the supreme, superior and district courts (and listed family court cases). An indigent defendant is a person who, after payment of necessary expenses for food, shelter and medical care, lacks sufficient income or assets to retain counsel and has no one legally responsible for his or her support who has such income or assets. To qualify, the applicant swears to an affidavit to that effect; the public defender may request further financial information or documents and investigate, and if the person is not indigent, notifies the referring court. False representation is penalized under § 12-15-11.

16. Third degree sexual assault is committed by a person over the age of eighteen (18) years who engages in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age. It is also third degree sexual assault for a person over eighteen (18) to engage in sexual penetration or sexual contact with a person over fourteen (14) and under eighteen (18) in listed circumstances under subsection (b)(2); an exemption applies where the parties are between the ages of sixteen (16) and twenty (20) years and no more than thirty (30) months apart in age.

Legal for adults 21 and older (Rhode Island Cannabis Act, effective May 25, 2022). A person 21 or older may possess, use, purchase from a licensed retailer, or process one ounce (1 oz.) or less of cannabis (or the equivalent amount of concentrate), and may give up to one ounce to another adult 21+ without payment. Within a primary residence, a person may possess up to ten ounces (10 oz.) total of cannabis per resident. Home grow: not more than a total of three (3) mature and three (3) immature cannabis plants per dwelling unit, no matter how many persons reside there, subject to the commission's security requirements. Smoking or vaporizing in public places where tobacco smoking is banned is not authorized. Beyond these limits, the Uniform Controlled Substances Act applies: an adult 21 or older with more than one ounce but not more than two ounces faces a $150 civil fine and forfeiture of the marijuana (first or second violation within 18 months), not a crime; an unpaid fine doubles to $300 after 30 days and to $600 after 90 days. Possessing more than two ounces outside one's primary residence is a misdemeanor punishable by up to one year in prison, a fine up to $500, or both. Possessing more than ten ounces (not counting live plants) in one's residence is a misdemeanor punishable by up to one year, a fine of $200 to $500, or both. Growing more plants than allowed but fewer than 25 is a misdemeanor (up to one year, $200 to $500 fine, or both); 25 or more live plants is a felony punishable by up to three years, a fine up to $5,000, or both.

Rhode Island does not grade crimes by class; each statute sets its own penalty. Simple assault or battery is a misdemeanor punishable by up to one year in prison, a fine up to $1,000, or both. Felony assault is an assault or battery with a dangerous weapon, with acid or another dangerous substance, or by fire, or one that causes serious bodily injury (injury that creates a substantial risk of death, causes protracted loss or impairment of a bodily function, or serious permanent disfigurement). Felony assault that results in serious bodily injury is punishable by up to twenty (20) years in prison; other felony assaults are punishable by up to six years. Separate statutes set higher penalties for assaults on police officers, teachers, health care workers, people 60 or older and other protected victims.

Rhode Island combines assault and battery in the same statutes: the simple assault statute covers anyone who makes "an assault or battery or both," a misdemeanor punishable by up to one year in prison, a fine up to $1,000, or both. A battery with a dangerous weapon or causing serious bodily injury is felony assault (up to twenty (20) years if serious bodily injury results). There is also a separate statute for battery caused by criminal negligence.

Rhode Island charges assault, vandalism, trespass and other crimes against a family or household member under the regular statutes, and adds the penalties of the Domestic Violence Prevention Act. Everyone convicted of a domestic violence crime must attend a batterers' intervention program at their own expense and pay a $125 assessment. A second misdemeanor domestic violence conviction carries a jail term of not less than ten (10) days and not more than one year that cannot be suspended, and a third or later violation is a felony punishable by not less than one year and not more than ten (10) years. Assault or battery by strangulation (impeding normal breathing or blood circulation by pressure on the throat or neck, or covering the nose or mouth) of a family or household member is domestic assault by strangulation, a felony punishable by up to ten (10) years in prison.

Shoplifting includes taking store merchandise intending to deprive the merchant of its value, switching or removing price tags, moving goods into another container to pay less, and taking a shopping cart off the premises. A first offense is a misdemeanor punishable by a fine of not less than $50 or two times the full retail value, whichever is greater, but not more than $500, and/or up to one year in prison. A person who has a prior shoplifting conviction and shoplifts merchandise worth more than $100 is guilty of a felony punishable by a fine up to $5,000, up to five years in prison, or both. A person convicted three times of shoplifting (or of shoplifting, larceny or receiving stolen goods) is a habitual offender, punished by a fine of $200 to $500 and six months to one year in prison. A merchant may also recover civilly the retail value of unrecovered merchandise, a penalty of not more than $100, and court costs.

Burglary (the statute does not define it) is punishable by life or any term not less than five (5) years. Breaking and entering a dwelling house or apartment at any time of day or night without the owner's or tenant's consent is punishable by not less than two (2) and not more than ten (10) years for a first conviction (four to fifteen years for a later conviction) and/or a fine up to $10,000, plus mandatory restitution; a repeat offender who breaks into a home while residents are there faces one to ten years with no suspended sentence or probation. Breaking and entering a business, public building or ship intending to commit murder, sexual assault, robbery or larceny is punishable by up to ten (10) years. Robbery by force or threat with no weapon, no injury and no elderly or severely impaired victim is second degree robbery, punishable by five (5) to thirty (30) years or a fine up to $10,000; robbery with a dangerous weapon, where a victim is injured, or where the victim is elderly or severely impaired is first degree robbery, punishable by not less than ten (10) years and up to life, or a fine up to $15,000.

Vandalism is willfully and maliciously or mischievously injuring, destroying, writing on, painting or otherwise defacing someone else's property, or obstructing its use. It is a misdemeanor punishable by a fine up to $1,000 and/or up to one year in prison, plus restitution and up to 100 hours of community restitution work (up to 200 hours for a second or later conviction); the statute sets no dollar tiers. Graffiti on residences, offices or businesses has its own statute: a first or second offense carries a fine not exceeding $1,000 and up to 200 hours of community service, and a third or later offense is a felony punishable by up to two (2) years in prison, a fine up to $2,000, and up to 300 hours of community service. For minors, the family court may suspend a driver's license or learner's permit for one year.

Willful trespass is entering or remaining on another person's land with no legitimate purpose after being forbidden to do so by the owner. It is punishable by a fine not exceeding $1,000, imprisonment for up to one year, or both. The statute has no separate grade for a dwelling; breaking into a dwelling is charged under the breaking-and-entering statutes. When the trespass is a domestic violence crime, the Domestic Violence Prevention Act penalties also apply.

Knowingly or intentionally possessing a controlled substance without a valid prescription is a crime. For drugs in Schedules I through V (other than marijuana and buprenorphine), possessing ten grams or less of a mixture containing a detectable amount is a misdemeanor punishable by up to two (2) years and/or a fine of up to $500. Possessing more than ten grams but less than one ounce is a felony punishable by up to three (3) years and/or a fine of up to $5,000. Larger amounts are covered by the separate trafficking sections. Rhode Island's paraphernalia chapter penalizes manufacturing or delivering drug paraphernalia, and delivering it to a minor.

A driver involved in a crash must stop, remain at the scene, give identifying information and render aid. Leaving the scene of a crash that injures someone is punishable by up to five (5) years in prison and/or a fine up to $5,000, plus a mandatory license loss of at least one year and not more than five (5) years. Leaving the scene of a fatal crash (first violation) is punishable by not less than two (2) and not more than fifteen (15) years in state prison, a fine of $5,000 to $10,000, and a three-year license revocation. Leaving the scene of a crash that damages only an attended vehicle is a misdemeanor punishable by a fine of $500 to $1,000, a license suspension of up to six months, and/or up to six months in jail.

Reckless driving is operating a motor vehicle recklessly so that the lives or safety of the public might be endangered. It is a misdemeanor for the first conviction and a felony for the second and each later conviction.

Stalking is harassing another person, or willfully, maliciously and repeatedly following another person, with intent to place them in reasonable fear of bodily injury. It is a felony punishable by up to five (5) years in prison, a fine up to $10,000, or both. Cyberstalking and cyberharassment (sending communications by computer or other electronic device, or causing someone to be contacted, for the sole purpose of harassing that person or their family) is a misdemeanor punishable by a fine up to $500, up to one year in prison, or both; a second or later conviction is a felony punishable by up to two (2) years, a fine up to $6,000, or both.

Using force or any weapon to resist a legal or an illegal arrest by a peace officer, when the person has reason to believe they are being arrested by a peace officer, is punishable by a fine up to $500, up to one year in prison, or both. Trying to elude or flee a police officer in an emergency police vehicle while driving more than 15 mph over the speed limit, or causing over $1,000 in property damage, is punishable on a first conviction by up to one year, a fine of $500 to $1,000, a license suspension of 90 days to six months, and forfeiture of the vehicle; a second or later conviction brings two (2) to five (5) years, a fine of $2,000 to $5,000, a license suspension of one to five years, and vehicle forfeiture.

When a person released on bail or recognizance in Rhode Island fails to appear as required, the default is recorded and process is issued against the people bound by the recognizance; the statute refers to the warrant issued by the court being entered into state and national databases, and bail cannot be forfeited until 45 days after that warrant is entered. Separately, a person who commits a new crime while released on bail or personal recognizance faces an added, consecutive sentence of 2 to 10 years (and/or a fine up to $5,000) if the new offense is a felony, or 90 days to 1 year (and/or a fine up to $1,000) if it is a misdemeanor.

In Rhode Island, when a probationer violates the terms of probation, the police or probation authority informs the attorney general, who brings the person before the court; the court may hold the person without bail for up to ten (10) days (excluding weekends and holidays). The court must hold a hearing within thirty (30) days of arrest unless the person waives it, and the person may be present and respond. If the court finds a violation by a fair preponderance of the evidence, it may remove the suspension and order the person to serve the previously imposed sentence or a lesser one, impose a sentence if none was imposed, stay all or part of the sentence, continue the suspension, or convert probation into a suspended sentence, following judicial sentencing benchmarks.

Obstructing any officer, including police, a deputy sheriff or a firefighter, in the execution of duty is punishable by up to one year in prison or a fine up to $500. Obstruction of the judicial system, corruptly, maliciously, recklessly or by threats or force trying to influence or impede jurors or court officers, injuring a party or witness for testifying, or obstructing the due administration of justice, is punishable by a fine up to $5,000, up to five (5) years in prison, or both. Intimidating a crime victim or witness by threatening an unlawful act is a misdemeanor (up to one year and/or $500); it is a felony (up to five (5) years and/or $5,000) if the person causes or threatens physical injury or property damage, or acts for pecuniary gain.

Perjury in Rhode Island is knowingly making a false material declaration under oath or affirmation, or knowingly using a book, paper, record or other material containing one. Perjury, and subornation of perjury (getting someone else to commit perjury), is punishable by imprisonment of not more than twenty (20) years, which makes it a felony.

Public intoxication is not a crime in Rhode Island. State law says neither the state nor any city or town may adopt or enforce any law or ordinance that makes drinking, being a common drunkard, or being found in an intoxicated condition an element of an offense carrying a criminal or civil penalty. This does not affect laws against drunk driving or operating boats, aircraft or machinery while impaired, or rules on the sale, possession or use of alcohol at stated times and places or by particular groups (such as minors).

Disorderly conduct in Rhode Island covers intentionally, knowingly or recklessly fighting or threatening or violent behavior; making loud and unreasonable noise in public or near a residence; directing offensive words at someone in public likely to provoke violence; blocking streets, sidewalks or building entrances; disrupting a lawful meeting or procession; or peering into homes or private areas such as restrooms or changing rooms for a lascivious purpose. It is punishable by up to six (6) months in prison, a fine up to $500, or both. The law does not apply to lawful picketing or demonstrations.

Rhode Island charges indecent exposure as a form of disorderly conduct: intentionally, knowingly or recklessly exposing one's genitals to another person, for sexual arousal or gratification, in circumstances likely to cause affront, distress or alarm. A conviction carries up to one year in prison, a fine up to $1,000, or both; any subsequent offense is punishable by up to three (3) years. The court may order counseling, and the law does not apply to breastfeeding in public.

In Rhode Island, engaging in, agreeing to or offering sexual conduct for a fee is prostitution, a misdemeanor punishable by up to six (6) months in prison and/or a fine of $250 to $1,000; a subsequent offense carries up to one year and/or a fine of $500 to $1,000. Being forced into commercial sex by threats, restraint or similar coercion is an affirmative defense. Paying or agreeing to pay for sexual conduct (buying) is procurement of sexual conduct for a fee, a misdemeanor punishable by up to one year and/or a fine of $250 to $1,000 ($500 to $1,000 for a subsequent offense).

Rhode Island gambling is run by the state through its lottery division: the state lottery, video lottery terminals, state-operated casino gaming at the Twin River facility in Lincoln (and Tiverton), sports wagering hosted at those facilities, and state-operated online iGaming for players 21 and older. Charitable bingo and raffles are allowed under licensing rules. Outside those laws, running a lottery or game of chance for prizes is a felony punishable by up to two (2) years or a fine up to $2,000; keeping a gambling place or devices is punishable by up to two (2) years or a fine of $500 to $5,000; bookmaking is punishable by a fine up to $500 or up to one year (one to five years for a second conviction); and frequenting a gambling place carries up to thirty (30) days.

Rhode Island's embezzlement and fraudulent conversion law covers employees, agents, financial-institution officials and fiduciaries (executors, guardians, trustees and the like) who convert money or property entrusted to them; it is treated as larceny. The penalty is a fine of not more than $50,000 or three (3) times the value embezzled, whichever is greater, up to twenty (20) years in prison, or both; if the value is less than $100, the penalty is a fine up to $1,000, up to one year, or both. Bank officers or employees who embezzle bank funds face up to twenty (20) years and/or a fine up to $20,000.

Rhode Island calls identity theft identity fraud. Knowingly using or transferring another person's means of identification or financial information, without lawful authority and with intent to defraud, to commit any unlawful activity (or making, transferring or possessing false identification documents) is a felony. A first conviction carries up to three (3) years and/or a fine up to $5,000; a second, three (3) to five (5) years and/or up to $10,000; a third or later, five (5) to ten (10) years and a fine of at least $15,000. Fraudulent use of a stolen, forged, expired or revoked credit or debit card is punishable by up to one year and/or $1,000 if no more than $100 is obtained in six months, and up to three (3) years and/or $3,000 if more.

Forgery and counterfeiting in Rhode Island covers falsely making, altering or forging public records, court papers, deeds, wills, promissory notes, checks or orders for payment, receipts, or any writing evidencing a debt or contract, with intent to defraud, and also knowingly passing (uttering) such a forged document as true. It is punishable by up to ten (10) years in prison, a fine up to $1,000, or both, which makes it a felony.

Rhode Island's extortion and blackmail law makes it a crime to maliciously threaten, verbally or in writing, to accuse someone of a crime, to injure their person, reputation, property or finances, or to commit other criminal conduct, with intent to extort money or an unlawful advantage, to force someone to act against their will, or to stop someone from carrying out a legal duty. It is punishable by up to fifteen (15) years in prison, a fine up to $25,000, or both.

Murder is an unlawful killing with malice aforethought. First-degree murder is a willful, deliberate, malicious and premeditated killing (including by poison or lying in wait), a killing during arson, rape or other sexual assault, child molestation, burglary or breaking and entering, robbery, kidnapping or felony drug distribution (felony murder), or the murder of a police officer or prosecutor on duty; it is punished by life in prison, and for listed aggravated murders (such as murder for hire, torture, killing an officer or judge, or a killing by a prison inmate) the court may order life without parole. Any other murder is second-degree murder, punished by at least ten (10) years and up to life.

Rhode Island's statute does not divide manslaughter into voluntary and involuntary degrees by statute; every person who commits manslaughter may be imprisoned for up to thirty (30) years. Driving in reckless disregard of others' safety that causes a death ('driving so as to endanger, resulting in death') is punished by up to ten (10) years and up to a five-year license suspension. Driving under the influence resulting in death is punished by five (5) to fifteen (15) years, a $5,000 to $10,000 fine and a five-year license revocation for a first offense, and ten (10) to twenty (20) years and a $10,000 to $20,000 fine for a second within five years.

A parent, guardian or person with custody who wantonly or recklessly creates a substantial risk of serious bodily injury or sexual abuse to a child under 18, or fails to take reasonable steps to reduce that risk when there is a duty to act, commits child endangerment, a felony punished by up to three (3) years or a $1,000 fine for a first offense and up to ten (10) years or a $5,000 fine for a repeat offense. Abandoning a child, gross or habitual cruelty, or letting a child habitually go without food, clothing or proper care is cruelty to or neglect of a child, a felony punished by one (1) to three (3) years or a fine up to $1,000. Knowingly encouraging or causing a child under 16 to break the law or engage in vicious or immoral conduct (contributing to delinquency) is a misdemeanor punished by up to one year or a $500 fine. Inflicting serious bodily injury on a child in one's care is first-degree child abuse (10 to 20 years).

First-degree arson is knowingly creating by fire or explosion a substantial risk of serious harm to a person or damage to a building that is occupied or in use (or was within the prior six months) or any other residential structure; it carries five (5) years to life and/or a fine of $3,000 to $25,000. Second-degree arson (an unoccupied building or structure) and third-degree arson (burning any property to defraud an insurer) each carry two (2) to twenty (20) years and/or a fine (up to $2,500 and $5,000). For first- through third-degree arson, if anyone, including a firefighter, dies as a direct result, the minimum is twenty (20) years. Fourth-degree arson (another person's personal property worth over $100) carries one (1) to three (3) years and/or up to $1,000; attempted arson (fifth degree) carries one (1) to twenty (20) years or up to $1,000; and setting woodland fires that spread (sixth degree) carries up to two (2) years and/or up to $1,000.

Overworking, torturing, cruelly beating, mutilating or cruelly killing an animal, or an owner or keeper willfully failing to give an animal proper food, drink, shelter or protection from the weather, is punished by up to eleven (11) months in jail or a $50 to $500 fine, or both; the same penalties apply to cruel abandonment, inadequate living conditions, hazardous animal hoarding and permitting unnecessary suffering. A second or later conviction within ten years carries up to six (6) years or a $500 to $5,000 fine plus 100 hours of mandatory community restitution. Maliciously killing, wounding, dismembering or poisoning an animal (and cruelty that results in the animal's death) is punished by up to five (5) years or a fine up to $1,000 plus 50 hours of community restitution. On conviction the court may order the owner to forfeit the animal.

Yes. Unauthorized dissemination of indecent material is intentionally sharing, publishing or selling a sexually explicit or intimate image of an identifiable adult (including digitally created or altered images) that was made or obtained under circumstances where it was to remain private, without the person's consent, knowing or recklessly disregarding that it will harm them or intending to harass, intimidate or coerce. A first offense is a misdemeanor (up to one year and/or $1,000); a second or later offense is a felony (up to three (3) years and/or $3,000). Threatening to release such an image to get a benefit, or demanding payment to take one down, is a felony punished by up to five (5) years and/or $5,000. Violators are not required to register as sex offenders.

Rhode Island's criminal statute is cyberstalking and cyberharassment: transmitting any communication by computer or other electronic device, or causing someone to be contacted, for the sole purpose of harassing that person or their family. Harassing means a knowing and willful course of conduct that seriously alarms or annoys the person, serves no legitimate purpose, and would cause a reasonable person substantial emotional distress or fear of bodily injury. A first offense is a misdemeanor (up to one year and/or $500); a second or later conviction is a felony (up to two (2) years and/or $6,000). The statute is not limited to minors.

Rhode Island has a special 'sexting' provision. A minor (under 18) who knowingly and voluntarily, without threat or coercion, uses a phone or computer to send an indecent image or video of himself or herself to another person commits a status offense that is referred to the family court. A minor adjudicated under this section may not be charged under the child pornography statute (§ 11-9-1.3) for that conduct and is not required to register as a sex offender.

Laundering of monetary instruments is conducting or attempting a financial transaction to promote specified unlawful activity, to conceal or disguise the nature, source, ownership or control of its proceeds, or to avoid a state or federal reporting requirement, or knowing the property is proceeds of (or used to facilitate) unlawful felony activity. It is punished by up to twenty (20) years, a fine up to $500,000 or twice the value of the property involved (whichever is greater), or both, and the person is liable for a civil penalty of up to the greater of the property's value or $10,000. The statute does not set grades by amount.

Trafficking an individual is knowingly recruiting, transporting, harboring, obtaining, maintaining or enticing a person in furtherance of forced labor or sexual servitude. Trafficking, forced labor (using coercion to compel labor or services) and sexual servitude (making a minor available for commercial sex, or using coercion or deception to compel an adult) are each felonies punished by up to fifty (50) years and/or a $40,000 fine when the victim is a minor, and up to twenty (20) years and/or a $20,000 fine when the victim is an adult. Consent of a minor, or believing the minor was an adult, is not a defense to sexual servitude. Patronizing a victim of sexual servitude is a felony (up to 20 years for a minor victim, 10 years for an adult).

Pedestrians must obey traffic signals at intersections (or strictly if a local ordinance requires). Where signals are not working, drivers must yield to pedestrians in a crosswalk, but a pedestrian may not suddenly leave the curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked or unmarked crosswalk must yield to all vehicles, and between adjacent signalized intersections pedestrians may cross only in a marked crosswalk. Crossing other than at a crosswalk is a civil traffic violation with a $100 fine on the traffic tribunal schedule; drivers who fail to yield in a crosswalk are also fined $100.

No person may drive a motor vehicle on a public highway with an unsealed alcoholic beverage container in the passenger section; the statute is written for the operator. A first violation is punishable by a fine up to $200, a license suspension up to six (6) months, or both; a later violation by a fine up to $500, a suspension up to one year, or both. Drivers of rented limousines or buses are exempt if neither the driver nor any passenger under 21 has an unsealed container. Cases are heard in the traffic tribunal.

A person under 21 who possesses any alcoholic beverage is fined $150 to $750 for a first offense ($300 to $750 second, $450 to $950 third or later), must do 30 hours of community service, and faces a license suspension of at least 60 days; a substance abuse assessment may be ordered on a second offense. Under 21s may not enter licensed premises to buy or be served alcohol, drink there, buy or attempt to buy alcohol, or misrepresent their age with someone else's ID or a license; a first offense brings a mandatory $100 to $500 fine, 30 hours of community service and a 30-day license suspension, rising to $500-$750, 40 hours and three months for a second offense and $750-$1,000, 50 hours and one year for a third.

Driving while suspended, revoked or cancelled for ordinary reasons is a civil violation with a penalty of up to $150 for a first offense, $250 for a second and $350 for a third, heard in the traffic tribunal; a fourth or later offense is a misdemeanor punishable by up to one year and a $500 to $1,000 fine. If the suspension was for DUI, refusing a chemical test, reckless driving, vehicular manslaughter or three moving violations in a year, driving is a misdemeanor for the first and second offenses (mandatory $500 fine, and for DUI/refusal-type suspensions at least ten (10) days in jail for a first offense and six months to one year for a second) and a felony for a third or later offense, with mandatory added suspension time.

Driving without ever having applied for a license, after a license was refused or has expired, or otherwise without a license is penalized under the same section as ordinary suspended-license driving: a civil penalty up to $150 for a first offense, $250 for a second and $350 for a third, and a misdemeanor (up to one year and $500 to $1,000) for a fourth or later. Someone driving on an expired license who reinstates it within ten days has a complete defense. A licensed driver must carry the license and show it on demand, but is not convicted if they produce a license that was valid at the time of arrest.

No one may carry or possess a blackjack, slingshot, billy, metal knuckles, stun gun or similar weapon, or carry a dagger, dirk, stiletto, sword-in-cane, bowie knife or similar stabbing weapon with intent to use it unlawfully against another. Carrying concealed any of those weapons, any razor, or any knife with a blade longer than three (3) inches is also prohibited. A violation is punished by a fine up to $1,000 or up to one year in jail, or both, and the weapon is confiscated. Selling a minor under 18 any such knife or a knife with a blade over three inches without written parental authorization is punished by one (1) to five (5) years or a $1,000 to $3,000 fine.

Ground-based and hand-held sparkling devices (fountains, illuminating torches, wheels, ground spinners, flitter sparklers and sparklers) and novelties (party poppers, snappers, smoke devices, snakes and similar items) may be stored, possessed, sold, transported and used throughout the state by persons at least sixteen (16) years old. Display fireworks and aerial consumer fireworks (1.4G aerial items) may not be sold, possessed or used without a permit. A violation is a felony punished by a fine up to $1,000 and/or up to one year per offense, except that using or possessing with intent to use aerial or display fireworks worth under $500 without a permit is a misdemeanor punished by a fine up to $500 and/or up to one year per offense. Complaints must be brought within 30 days of the offense.

Kidnapping (without lawful authority forcibly or secretly confining or imprisoning someone against their will, forcibly carrying or sending them out of state, or seizing or luring someone intending to secretly confine them or send them away) is a felony punishable by up to 20 years in prison. Kidnapping a child under 16 (including with intent to sexually assault or abuse the child) is punishable by life or any term of at least 20 years, and kidnapping with intent to extort money or something of value by life or at least 5 years. Rhode Island's kidnapping statute itself covers forcible or secret confinement; no separate unlawful-restraint offense is listed in the kidnapping chapter.

Rhode Island's threat crimes are in its 'Threats and Extortion' chapter. Maliciously threatening, verbally or in writing, to injure someone's person, reputation, property or finances, or to accuse them of a crime, or to commit other criminal conduct, in order to extort money or an unlawful advantage, force someone to act against their will, or stop someone from carrying out a legal duty, is punishable by up to 15 years in prison and/or a fine of up to $25,000. Knowingly threatening to kill or injure a public official (including judges, prosecutors and police) or their immediate family because of the official's duties or position is a felony punishable by up to 5 years and/or $5,000; a similar threat against an election official is a misdemeanor (up to 1 year and/or $1,000).

Driving someone else's vehicle without the owner's or lessee's consent, intending to deprive them of it temporarily but not to steal it (joyriding), is a felony punishable by up to 5 years in prison and/or a fine of up to $5,000; helping or being an accomplice is also a felony. Knowingly possessing, receiving or transferring a stolen vehicle, or knowingly dealing in stolen vehicle parts, is a felony, and a second or later conviction carries 1 to 10 years and/or up to $10,000. Stealing a vehicle outright is larceny, punished by value (more than $10,000: up to 10 years).

Fraudulently receiving stolen money or property knowing it was stolen is treated as larceny, and possessing stolen property is evidence of guilty knowledge unless the person shows it was acquired in the ordinary course of trade for fair value. Penalties follow the larceny value tiers: $1,500 or less, up to 1 year and/or $500 (misdemeanor); over $1,500 to under $5,000, up to 3 years and/or $1,500; over $5,000 to under $10,000, up to 6 years and/or $3,000; over $10,000 or a firearm, up to 10 years and/or $5,000. Knowingly receiving the property from someone under 18 carries up to 10 years regardless of value, and enhanced penalties apply when the victim is 65 or older.

Manufacturing, delivering or possessing with intent to deliver a Schedule I or II drug (other than marijuana) is punishable by up to 30 years and a fine of $3,000 to $100,000; Schedule III or IV, up to 20 years and/or $40,000 (5 years for Schedule III(d)); Schedule V, up to 1 year and/or $10,000. A person who is not drug-addicted and sells Schedule I or II drugs faces up to life and a fine of $10,000 to $500,000. Possessing or delivering larger quantities (for example 1 ounce to 1 kilogram of heroin, cocaine, fentanyl, methamphetamine or MDMA, or 1 to 5 kilograms of marijuana) carries up to 50 years and up to $500,000, and more than 1 kilogram (more than 5 kilograms of marijuana) carries up to life and up to $1,000,000. Selling Schedule I or II drugs to a minor at least 3 years younger carries a 15-year minimum sentence (up to life) unless the judge finds substantial and compelling reasons for less.

Getting or trying to get a controlled substance by fraud, deceit or misrepresentation, by forging or altering a prescription, by hiding a material fact, or by using a false name or address, as well as writing or passing a false or forged prescription or posing as a doctor or pharmacist to obtain drugs, is a crime punishable by up to 5 years in prison and/or a fine of up to $10,000. A separate provision makes acquiring a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge punishable by up to 5 years and/or $5,000.

Causing serious bodily injury to another person while driving under the influence of alcohol or drugs is a felony punishable by 1 to 10 years in prison and a $1,000 to $5,000 fine, with license revocation of up to 2 years; a second conviction within 5 years carries 2 to 15 years, a $3,000 to $10,000 fine, and revocation of up to 4 years. Causing serious bodily injury by driving in reckless disregard of others' safety (including street racing), called 'driving so as to endanger, resulting in serious bodily injury,' is punishable by up to 5 years and a license suspension of up to 3 years.

Street racing (two or more drivers competing side by side or trying to block each other from passing, or racing against time) on a public road, with or without a formal agreement, is a misdemeanor for a first offense: up to 1 year in jail, a $500 to $1,000 fine, 10 to 60 hours of community service, and a 90-day to 6-month license suspension. A second offense within 5 years is a felony (up to 2 years, at least a $1,000 fine, 6-month to 2-year suspension), and a third within 5 years carries up to 5 years, a $2,500 fine and a 1- to 5-year suspension. Racing with passengers adds a consecutive sentence of up to 5 years and up to $5,000, and the vehicle may be impounded for 1 to 30 days. The law is known as Justin Nunes' Law.

Operating a motorboat or other vessel (or using water skis, a surfboard or similar device) while intoxicated or under the influence of a narcotic drug, barbiturate or marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or up to 1 year in jail for each violation. A person arrested for it has the right to be examined by a physician of their choice at their own expense. The boating statute itself does not state a blood-alcohol limit.

Knowingly presenting a written statement containing material false information to an insurer to support a claim (or an insurer doing so to contest a claim) is treated as larceny, punished by the value involved: up to 1 year if $1,500 or less, up to 3 years over $1,500, up to 6 years over $5,000, and up to 10 years over $10,000. Preparing, or helping someone prepare, a false statement for an insurance application or claim is a misdemeanor (up to 1 year and/or $1,000). Obtaining health care services by false pretenses to defraud a health insurer is also larceny, and the insurance commissioner can separately suspend licenses and impose administrative penalties and restitution for fraudulent insurance acts.

Obtaining or trying to obtain public assistance (or food stamps/SNAP) by any fraudulent device, or willfully failing to report income or resources, is larceny: up to 5 years and/or a fine of up to $1,000 if the benefits wrongly obtained exceed $500, and less than 1 year and/or up to $500 if $500 or less. A person convicted of food stamp fraud is barred from the program for 6 to 24 months as set by the court (the rest of the household stays eligible). Making knowingly false statements to get unemployment benefits is a misdemeanor punishable by up to 1 year and/or a fine of $1,000 or double the fraud amount, whichever is greater, and the department adds a 15% penalty on fraudulent overpayments.

Corruptly giving or offering a gift or anything of value to a public official, or to any public or private employee or agent, to influence or reward an act in their official or employer's business, and corruptly asking for or accepting such a payment, are felonies punishable by up to 20 years in prison and/or a fine of $5,000 to $50,000 or three times the value of the bribe, whichever is greater. Rhode Island's statute covers commercial (private-employee) bribery in the same sections, and it is no defense that the person lacked power to perform the act.

Willfully attempting to evade Rhode Island personal income tax (including filing a false or fraudulent return), willfully failing to file a required return, or an employer willfully failing to collect or pay over withheld tax, is a felony punishable by a fine of up to $10,000 and/or up to 1 year in prison. If the unreported income came from drug crimes, the penalty rises to up to 20 years and/or $25,000. Charges must be brought within 7 years. Signing a willfully false return or report verified under penalty of perjury is perjury.

Rhode Island uses 'sexual assault' in degrees. First-degree sexual assault (sexual penetration using force or coercion, by concealment or surprise, of a person the accused knows is mentally incapacitated, disabled or physically helpless, or during sham medical treatment for sexual gratification) carries at least 10 years and up to life. Second-degree sexual assault (sexual contact, meaning intentional touching, under the same kinds of circumstances) carries 3 to 15 years. Third-degree sexual assault (an adult over 18 with a 14- or 15-year-old, or with a 14- to 17-year-old over whom the adult holds supervisory or disciplinary authority) carries up to 5 years; see the age-of-consent page.

First-degree child molestation sexual assault (sexual penetration with a child 14 or under) carries at least 25 years and up to life in prison. Second-degree child molestation sexual assault (sexual contact with a child 14 or under) carries 6 to 30 years.

Knowingly producing, sending or transferring by any means (including by computer), or reproducing child pornography is punishable by up to 15 years, a fine up to $5,000, or both. Knowingly possessing any material containing an image of child pornography is punishable by up to 5 years, a fine up to $5,000, or both. Child pornography includes photos, video and computer-generated images of a minor in sexually explicit conduct, and images created, adapted or modified to show an identifiable minor in such conduct.

Yes. Indecent solicitation of a child (knowingly soliciting a person under 18, or someone believed to be under 18, for prostitution or for a sexual offense, by any means including in person, by phone, in writing, by computer or over the internet) carries a prison term of at least 5 years.

People convicted (here or elsewhere) of a criminal offense against a minor or a sexually violent offense, sexually violent predators, aggravated offenders, recidivists, and people convicted of failing to register must register their address with local police, with initial registration in person within 24 hours of release or sentencing. Most registrants register yearly for 10 years after their sentence ends, verifying their address every three months for the first two years; sexually violent predators, recidivists and aggravated offenders register for life with quarterly verification. Knowingly failing to register, verify an address or report a change is a felony punishable by up to 10 years, a fine up to $10,000, or both, and is also a violation of probation or parole.

Rhode Island bars firearm possession by people convicted here or elsewhere of a 'crime of violence', a defined list rather than all felonies: murder, manslaughter, rape, first- or second-degree sexual assault or child molestation, kidnapping, arson, robbery, burglary, breaking and entering, felony drug dealing, assault with a dangerous weapon and similar offenses. The ban also covers fugitives, felony domestic violence convictions, certain misdemeanor domestic violence convictions, and people subject to protective orders. A violation carries 2 to 10 years in prison, with no suspended or deferred sentence or probation.

Accessing a computer, system or network to defraud or obtain money, property or services by false pretenses, and intentionally accessing, altering, damaging or destroying a computer, software or data without authorization for fraudulent or other illegal purposes, are felonies punishable by up to 5 years, a fine up to $5,000, or both. Computer theft (taking or keeping a computer, software or data without right) is a felony with the same penalty if the value is over $500, and a misdemeanor (up to 1 year, a fine up to $1,000, or both) if $500 or less.

Rhode Island is a one-party consent state. It is not unlawful for a person who is a party to a phone call, electronic communication or in-person conversation, or who has the prior consent of one party, to record it, unless the recording is made to commit a crime or tort. Willfully intercepting, disclosing or using a communication in violation of the law is punishable by up to 5 years in prison.

Knowingly making a false oral or written statement of a crime intending that city, town or state police rely on it is treated as obstructing an officer and is punishable by up to 1 year in prison, a fine up to $500, or both. The court must also order restitution to anyone falsely accused for the damage they suffered.

Yes, as a sentence enhancement under the Hate Crimes Sentencing Act. If the offender intentionally selected the victim or property because of hatred or animus toward actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation, or gender, and this is proved beyond a reasonable doubt at a sentencing hearing, a misdemeanor carries a mandatory 30 days to 1 year without filing, suspension or probation. For a felony, the court adds a consecutive term of 1 to 5 years, but never more than double the original penalty.

Rhode Island still has parole. The parole board may revoke parole by a majority vote of all members if the parolee violated a condition or any state law. For a violation involving a new criminal charge the board chair issues a warrant for arrest and detention at the Adult Correctional Institutions; for a technical violation without a new charge the chair may do so. The parolee gets written notice within 5 days and a preliminary revocation hearing before a hearing officer within 10 days of the notice, with rights to speak, call witnesses, confront adverse witnesses and, in some cases, appointed counsel; charges are dismissed if the hearing is not held on time. If the board does not revoke, the parolee is released on the original terms.

Violating a Family Court domestic abuse protective order of which the defendant had actual notice is a misdemeanor punishable by up to 1 year in prison, a fine up to $1,000, or both, and can also be punished as contempt of court. Because it is a domestic violence crime, a second misdemeanor domestic violence conviction carries 10 days to 1 year, and a third or later is a felony carrying 1 to 10 years, with no suspended jail sentence. A conviction also bars firearm possession.

Rhode Island uses Family Court waiver on the Attorney General's motion. A child of any age charged with an offense punishable by life imprisonment, or a child 16 or older charged with any felony, may be waived to adult court after a hearing if the court finds probable cause and that the child's history, treatment record or the heinous or premeditated nature of the offense means society's interests or public protection require it. Once waived, the youth is tried as an adult for that and all later offenses. Alternatively, the Family Court may 'certify' a youth charged with a felony, giving a jury trial and allowing a sentence that runs past age 19 into adult prison; a youth 16 or older found delinquent for two indictable offenses after turning 16 must be certified.

Rhode Island's murder penalty statutes provide imprisonment, not death. First-degree murder is punished by life imprisonment, and for listed aggravated first-degree murders (for example, murder for hire, murder involving torture, or murder of a police officer, corrections employee, judge or firefighter because of their duties) the court may order life without parole; a first-degree murder sentence requires at least 15 years before parole eligibility. Second-degree murder carries 10 years to life.

In Rhode Island a person convicted of a felony loses the right to vote only while incarcerated for it. Voting rights are restored on discharge from incarceration, so people on probation or parole can vote. Courts must tell defendants this before a felony plea or sentence, and the Department of Corrections must give people a voter registration form and help registering as part of release.

Voting returns automatically when a person is discharged from incarceration. Jury service is barred only while a person is serving a sentence of confinement for a felony conviction (the broader felony bar was removed in 2023). Firearm possession remains banned for anyone convicted of a 'crime of violence' (violating the ban carries 2 to 10 years, with no suspended sentence or probation); for certain domestic-violence misdemeanors the ban ends on expungement or completion of a one-year filing or probation.

Rhode Island's habitual criminal law applies to a person who has two or more prior felony convictions from separate incidents, was sentenced to prison on two or more occasions, and is then convicted of any offense punishable by more than one year. If the attorney general files notice and a judge finds the person is a habitual criminal, the court adds a consecutive sentence of up to 25 years and sets a minimum number of years before parole eligibility. A prior conviction later pardoned on the ground of innocence does not count.

Psilocybin is not legal in Rhode Island; it was listed in Schedule I of the state's former statutory schedule, and controlled-substance schedules are now set by Department of Health regulation. Possessing 10 grams or less of a controlled substance (other than marijuana or buprenorphine) is a misdemeanor punishable by up to 2 years and/or a $500 fine; more than 10 grams but less than one ounce is a felony punishable by up to 3 years and/or a $5,000 fine. People convicted who are not sentenced to prison must do up to 100 hours of community service and complete a drug-counseling program.

Kratom is legal but tightly regulated under the Rhode Island Kratom Act, effective April 1, 2026. Sellers need a license; kratom may not be sold or given to anyone under 21, photo ID is required for every purchase, and products must be kept behind the counter. Banned products include kratom foods and drinks, vape or injectable forms, products with synthetic alkaloids, candy-like products, and products above set mitragynine and 7-hydroxymitragynine limits; labels must carry health warnings. Violations bring Department of Health fines of up to $1,000 (first) and $2,000 (second), license revocation on a third violation, and a $5,000 fine for selling without a license.

Hemp-derived CBD is legal in Rhode Island but regulated by the Cannabis Control Commission. Hemp-derived consumable CBD products (anything meant to be ingested, such as extracts and infused foods) may be sold only to people 21 or older, and distributors and retailers must hold a CBD license from the commission ($500 a year unless they also hold a grower or handler license). Products must meet state food safety rules, and hemp may not contain more than 0.3% delta-9 THC.

The minimum age to buy tobacco and electronic nicotine-delivery (vaping) products in Rhode Island is 21; since April 1, 2026 the same ban covers kratom. Licensed sellers who sell to someone underage face civil fines of $250 (first violation in 36 months), $500 (second), $1,000 plus a 14-day license suspension (third) and $1,500 plus a 90-day suspension for each later violation.

Rhode Island protects people 60 and older. Assault and battery causing bodily injury to a person 60 or older is a felony punishable by up to 5 years and/or a $1,000 fine, and by a caretaker up to 5 years and/or a $2,500 fine. Exploitation of an elder person (for example by a relative, caregiver or fiduciary using deception, intimidation or the person's lack of capacity) is punished by value: under $500, up to 5 years and/or $5,000; $500 to under $100,000, up to 15 years and/or $10,000; $100,000 or more, up to 30 years and/or $15,000.

Video voyeurism in Rhode Island is using or installing a camera or other imaging device, for sexual gratification, to capture images of another person's intimate areas without their knowledge and consent where they expect privacy, knowingly sharing or selling such images, or using an imaging device to look into an occupied home. It is punishable by up to 3 years and/or a $5,000 fine. Separately, sharing a private sexually explicit image of an adult without consent is a misdemeanor (up to 1 year and/or $1,000) for a first offense and a felony (up to 3 years and/or $3,000) after that.

Assault or battery that causes bodily injury, by striking or spraying with Mace or pepper spray, to an on-duty police officer, firefighter, deputy sheriff, probation or parole officer, judge, prosecutor, RIPTA bus driver or other listed official is a felony punishable by up to 3 years and/or a $1,500 fine. By comparison, simple assault or battery is punishable by up to 1 year and/or a $1,000 fine.