Rhode Island Sex Offender Records
What is a Sex Offender?
A sex offender, also called a sexual offender in Rhode Island, is a person who has been charged with and convicted of a sex crime. The specifics of what constitutes a sex crime varies from one state to another in the United States. Similarly, classifications and penalties for sex crimes differ from one jurisdiction to another. At the same time, an offense might be penalized with only fines in one state; federal laws might penalize with fines and imprisonment.
Generally, sex crimes are considered serious offenses, and the courts penalize them as such. Apart from fines, imprisonment, forfeiture, and other penalties that the law assesses, sex offenders may also face restrictions in where they may work or live. Sex offenders are not allowed to work in certain types of organizations. Registration in sex offender databases equals an automatic privacy loss, as sex offender information is public. Potential employers or anyone else who conducts a background check may easily assess the offender’s information. Depending on the classification or the severity of the offense, sex offenders must register for a long time, at least ten years, in most states.
Who is Considered a Sex Offender in Rhode Island?
While the Rhode Island statutes do not define the term “sex offender,” it lists sex offenses amongst other criminal offenses in Title 11. Sex offenses in Rhode Island include adultery, bigamy, prostitution, and sexual assault.
However, RI Gen L § 11-37.1-2 defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a mental condition that makes the possibility of a repeated offense likely. Examples of sexually violent crimes in Rhode Island include:
- Sexual assault
- Prostitution
- Trafficking (where the victim commits commercial sex activity due to force)
- Homicide (where the offense is an attempt to commit rape, sexual assault, or child molestation)
What are the Different Types of Sex Offenses in Rhode Island?
Violations of the state’s sex-related statutes may result in fines, imprisonment, and sex offender registration, amongst other types of penalties. There are different types and degrees of sex offenses; typically, the more severe an offense, the greater the penalty. The courts consider other factors while assessing penalties include the victim’s relationship to the offender, the offender’s criminal history, and the victim’s age. Here are some types of sex offenses in Rhode Island:
First-degree sexual assault: according to RI Gen L § 11-37-2, if a person engages in sexual penetration with another person under the following circumstances, the person commits first-degree sexual assault:
- Sexual penetration with the use of force, including the use or threat of a weapon, physical violence, coercion using the threat of murder, or serious bodily injury.
- Willful sexual penetration with a physically helpless, mentally incapacitated, or mentally disabled person
- Overcoming the victim using an element of surprise
- Medical examination or treatment of the victim for sexual stimulation, gratification, or arousal.
As provided by RI Gen L § 11-37-3, the penalty for first-degree sexual assault is imprisonment for ten (10) years to life. Persons other than the victim who know about a first-degree sexual assault commission must immediately report to the police. Failure to report is a misdemeanor, punishable by a fine of up to $500, imprisonment for up to one (1) year, or both (RI Gen L § 11-37-3.3).
Second-degree sexual assault: per RI Gen L § 11-37-4, a person commits second-degree sexual assault if the person engages in sexual contact with another person and the following circumstances exist:
- The perpetrator uses force, coercion, or the element of surprise
- The perpetrator examines or treats the victim for sexual stimulation, arousal, or gratification
- The perpetrator is aware that the victim is physically helpless, mentally incapacitated, or mentally unstable.
Sexual contact refers to the deliberate touching of another person’s intimate parts for sexual gratification, whether the person is clothed or not. The penalty for second-degree sexual assault is imprisonment for three (3) to 15 years (RI Gen L § 11-37-5).
Third-degree sexual assault: any person over the age of 18 who engages in sexual penetration with another person between ages 14 and 16 commits third-degree sexual assault (RI Gen L § 11-37-6). As provided by RI Gen L § 11-37-7, the penalty for third-degree sexual assault is imprisonment for up to five (5) years.
Loitering for indecent purposes near or in schools: RI Gen L § 11-34-11 states that if a person attempts to engage another person for prostitution or to induce the person to commit another indecent act within school grounds or 300 yards of school property, it is a criminal offense. The penalty for this offense is imprisonment for up to one (1) year and fines of $500 - $1,000.
Circulating obscene shows and publications: persons who willfully promote obscene performances, motion pictures, books, photographs, magazines, shows, or other obscene materials may be liable for fines of $100 to $1,000, imprisonment for up to two (2) years, or both. Obscene materials must meet the following requirements:
- The material depicts sexual conduct in an offensive way
- The work lacks political, scientific, literary, or artistic value
- By average community standards, the work appeals to prurient interests
Bigamy: person who has a living spouse but gets married to or cohabits with another person who is not the spouse commits bigamy. The penalty for bigamy is a fine of up to $1,000. However, an accused person is not guilty if the person’s spouse has been outside state limits for seven (7) years or if the accused does not know if their spouse is alive (RI Gen L § 11-6-1).
Adultery: when two people engage in illicit sexual intercourse with other persons who are not their spouses, both persons commit adultery. The penalty for adultery is a fine of up to $500 (RI Gen L § 11-6-2).
Indecent solicitation of a child: a person commits indecent solicitation of a child if the person knowingly commands, authorizes, requests, urges, or incites another person under the age of 18 to engage in prostitution (RI Gen L § 11-37-8.8). The penalty for indecent solicitation of a child is imprisonment for up to five (5) years.
First-degree child molestation sexual assault: if a person engages in sexual penetration with a child under 14 years old, the person commits first-degree child molestation sexual assault (RI Gen L § 11-37-8.1). The penalty for this offense is imprisonment for 25 years to life.
Second-degree child molestation sexual assault: when persons who engage in sexual contact with other persons aged 14 or younger commit second-degree child molestation sexual assault. (RI Gen L § 11-37-8.3). The penalty for this offense is imprisonment for six to 30 years.
Types of Sex Offenders in Rhode Island
Rhode Island classifies sex offenders based on the severity of their crime and the risk of re-offense, and consequently, the level of danger the offenders pose to society. In determining a sex offender’s classification, the Sex Offender Board of Review also considers the offender’s substance abuse history, degree of accountability and family support, and participation in sex offender treatment programs. There are three sex offender classifications in Rhode Island:
Level 1: these are low-risk sex offenders. Information about Level 1 sex offenders is not made public by law enforcement agencies. However, law enforcement agencies must make Level 1 sex offender fact sheets available to offenders and victims of sex crimes upon request. Offender fact sheets are also available to other law enforcement agencies, witnesses, and organizations close to the offender’s residence, school, workplace, or places where the offender may visit frequently.
Level 2: this category of offenders is also known as intermediate-level sex offenders. Information about Level 2 offenders is available on public websites. According to the Sex Offender Registration and Community Notification Act, Level 2 sex offenders must register for ten (10) years and verify their addresses with local law enforcement for the first two (2) years. Suppose a Level 2 offender is in a residential facility. In that case, law enforcement may only disclose the offender’s information to other law enforcement agencies, organizations the offender may frequently encounter, victims, witnesses, the offender upon request. However, suppose the head of the residential facility notifies law enforcement of the scheduled end of the offender’s placement in the facility. In that case, law enforcement may make additional disclosure to the following persons or organizations that the offender may likely encounter:
- Chief administrators of public and private schools, including daycare and other early childhood facilities, elementary schools, and secondary schools
- Parents of current students at the beginning of every school year
- Chief administrators and chief security officers of public and private post-secondary schools
- Organizations such as bowling alleys, libraries, little league, movie theatres, Boy Scouts, department stores, malls, and other organizations that serve individuals the offender may likely encounter.
Notification of the above-listed persons and organizations is mandatory if the offender is not in a treatment facility.
Level 3: Sexually violent predators, repeat offenders, and aggravated sex offenders are in this category of high-risk offenders. According to RI Gen L § 11-37.1-4, high-risk sex offenders must register for life. Such persons must re-register annually with local law enforcement agencies and verify their addresses every quarter. For high-risk offenders placed in treatment facilities, law enforcement agencies may only make information available to victims, witnesses, other law enforcement agencies, and organizations the offender may likely encounter. If the offender is not in a treatment facility, law enforcement agencies may disclose the offender’s information to the same category of people as Level 2 offenders. Law enforcement agencies may make additional disclosures to:
- Individual members of the community that the offender may encounter
- The community through public resources like websites, meetings, fliers, and news releases.
How to Find a Sex Offender Near Me in Rhode Island
As provided by the Sex Offender Registration and Community Notification Act, the Rhode Island State Police makes available a public database containing sex offender information. Interested parties may find sex offenders using the Rhode Island Sex Offender Registry. Requesting parties may search for sex offenders in particular areas and sign up to receive notifications from the State Police through the sex offender registry.
Local police departments and county sheriffs typically provide information about sex offenders on public websites. Examples are Bristol and Narragansett. Any interested persons may visit the public websites or contact these local law enforcement agencies and officers to obtain more information about sex offenders in an area. Requesters must note that Exeter town does not have a police department; therefore, persons interested in finding sex offenders in Exeter must use the state sex offender registry.
Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
What is the Rhode Island Sex Offender Registry?
The Rhode Island Sex Offender Registry is a public database that contains information about sex offenders. The Rhode Island State Police instantaneously updates the registry throughout the day; therefore, requesting that parties find real-time information on the website. As part of its commitment to public safety, the Rhode Island Parole Board maintains a public database of Level 2 and Level 3 sex offenders. Interested parties may find sex offender information in various ways on the website, including;
- Area search
- Name search
- City search
- Offender status (non-compliant)
To find offenders living in a particular area, requesting parties must enter the offender’s address, city, and zip code in the appropriate fields. The name search option allows requesting parties to find offenders by entering the offenders’ first names, last names, or aliases in the appropriate fields. Requesting parties may also search offenders living in specific cities. The Rhode Island Sex Offender Registry provides a list of non-compliant offenders, such as those who have absconded. Requesting parties can expect to find the following information about sex offenders in the registry:
- Names
- Aliases
- Level
- Status
- Date of birth
- Gender
- Height
- Race
- Weight
- Eye color
- Hair
- Addresses
- Offense
- Conviction date and count
- Conviction date
- Current photographs
- Warrant information
It is important to note that Rhode Island State Police does not post information about juvenile offenders on the public website. Interested parties may register to receive notifications about sex offenders in an area. Requesting parties may register as many addresses as possible on the notification service. If an offender registers an address within one (1) mile of the requesting party’s registered address, the party receives a notification email. Notification registration is free, and all the registrants' information is confidential. Misusing information obtained from Rhode Island’s public sex offender registry may result in criminal or civil penalties.
Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
Who Can View the Rhode Island Sex Offender Registry?
State law does not restrict access to the Rhode Island sex offender registry. All interested persons with details required for the search may query the registry for statewide sex offender details. Rhode Island law provides the public sex offender registry to encourage public safety. The law presumes that public access to the registry is important for persons to better protect themselves, family members, and other persons in their care. However, members of the public are advised to take caution as the information available on the sex offender registry is updated according to details submitted by the sex offenders and other responsible entities. Therefore, some displayed details may be outdated or inaccurate.
What Happens When You Register as a Sex Offender in Rhode Island?
Sex offender registration results in many restrictions and requirements. Rhode Island requires sex offenders to register within 24 hours of sentencing. Incarcerated individuals must register in person with local law enforcement within 24 hours of release from incarceration. Sex offenders who work in or are relocating to Rhode Island also have the same requirements.
Persons who willfully fail to register may be convicted of a felony, punishable by a fine of $10,000, imprisonment for up to ten (10) years, or both imprisonment and fines. (RI Gen L § 11-37.1-10). Registered Level 1 and Level 2 sex offenders may not live within 300 feet of school property (public or private) or a daycare establishment. A violation of this restriction is a felony, punishable by fines of $5,000, imprisonment for five (5) years, or both. Similarly, Level 3 sex offenders may not live within 1,000 feet of school property. The penalty for violating the restriction is imprisonment for five (5) years, fines of $5,000, or both fines and imprisonment.
Sex offenders may also face social stigma and be unable to work in certain environments. Since sex offender information is public, potential employers and other members of the public can access the information.
Who is a Sexually Violent Predator in Rhode Island?
Per federal law, a Sexually Violent Predator is a sex offender with a proven personality disorder or mental abnormality that makes the person likely to commit a predatory sexually violent offense. Such disorders or abnormalities are determined by a competent court following assessment by the relevant institution(s). The term "Sexually Violent Predator" also covers persons who have been so classified anywhere in the United States or its territories, a foreign nation, or designated by court-martial. All persons classified as Sexually Violent Predators must be registered in the state/federal sex offender registry for life.
Who is a Sexually Violent Delinquent Child in Rhode Island?
A Sexually Violent Delinquent child has been found delinquent for a sexually violent act and sentenced by the court to commitment for compulsory treatment. Sexually Violent Delinquent Children are required to register for life.
How to Report a Sex Offender in Rhode Island?
Concerned members of the public may report erring sex offenders and those found committing lewd acts to the State Police, police department, or sheriff's office in the jurisdiction of the offense. All persons who witness these crimes and do not report them, and those who aid the offender to elude law enforcement agencies will be considered an accomplice to their crimes and prosecuted thus.