Like many states, Rhode Island classifies sex crimes as either misdemeanors or felonies. But these are more than just labels used by our legal system. Whether you’re charged with a misdemeanor or felony in RI has a major impact on the severity of your potential penalties.
This is why it’s crucial that you understand exactly what you’re up against—and your best options in terms of a defense strategy.
As a dedicated Rhode Island sex crimes defense lawyer with 25+ years of successful experience, John E. MacDonald is deeply familiar with how Rhode Island General Laws classify sexual offenses, penalties like sex offender registration, and potential legal defenses.
Keep reading for the most important things you need to know while navigating this dire situation.
What’s the Difference Between Felonies and Misdemeanors in RI?
Under R.I. Gen. Laws § 11-1-2, here are the differences between felonies and misdemeanors in RI:
- A felony is any crime punishable by more than 1 year of imprisonment and/or a fine above $1,000
- A misdemeanor is any crime punishable by a jail term of not more than 1 year and/or a fine of not more than $1,000
Felonies are considered more serious crimes in Rhode Island. The potential penalties for felonies are more severe than for misdemeanors. Plus, a felony conviction includes additional consequences like losing the right to vote while incarcerated.
What Constitutes a Sex Crime in Rhode Island?
In Rhode Island, sex crimes are a fairly broad category involving unwanted or non-consensual sexual contact. R.I. Gen. Laws § 11-37 defines specific offenses, such as:
- First-degree sexual assault – Sexual penetration through force while the victim is mentally disabled/incapacitated or physically helpless (rape)
- Second-degree sexual assault – Sexual contact through force while the victim is mentally disabled/incapacitated or physically helpless
- Third-degree sexual assault – Sexual penetration of a minor younger than 16 but older than 14 (also called statutory rape)
- Assault with intent to commit first-degree sexual assault – Committing assault while intending to commit rape
- Failure to report sexual assault – Not reporting a sexual assault or attempted sexual assault to law enforcement
- First-degree child molestation – Sexual penetration of a minor aged 14 or younger
- Second-degree child molestation – Sexual contact of a minor aged 14 or younger
- Indecent solicitation of a minor – Establishing contact with any person under the age of 18 for the purpose of engaging in prostitution
- Child pornography – Creating, reproducing, transporting, or distributing any media of a minor performing sexually explicit acts
- Indecent exposure – Exposing genitals to another person’s view in order to cause alarm/distress
- Prostitution – Exchanging a monetary fee for a voluntary sexual act
- Video voyeurism – Viewing, capturing, storing, transmitting, distributing, or recording another person’s intimate areas without their knowledge and consent
Classifications and Penalties Rhode Island Sex Crimes
Now that you understand the types of RI sex crimes and how the state defines misdemeanors versus felonies, we can dive into classifications and penalties.
First-Degree Sexual Assault (R.I. Gen. Laws § 11–37–2)
First-degree sexual assault is classified as a felony in Rhode Island. If convicted, you face a minimum prison sentence of 10 years, up to lifelong imprisonment.
Second-Degree Sexual Assault (R.I. Gen. Laws § 11–37–4)
Second-degree sexual assault is classified as a felony in Rhode Island. A conviction means a minimum of three years in prison, up to 15 years.
Third-Degree Sexual Assault (R.I. Gen. Laws § 11–37–6)
Third-degree sexual assault is classified as a felony in Rhode Island. Upon conviction, you may be sentenced to a maximum of five years in prison.
Assault with Intent to Commit First-Degree Sexual Assault (R.I. Gen. Laws § 11–37–8)
Assault with intent to commit rape is classified as a felony in Rhode Island. If convicted, you’ll be sentenced to a minimum of three years in a state prison facility.
Failure to Report Sexual Assault (R.I. Gen. Laws § 11–37–3.3)
Failing to report sexual assault or attempted sexual assault is classified as a misdemeanor in Rhode Island. If you’re found guilty, you can spend up to one year in jail and pay a fine of up to $500.
First-Degree Child Molestation (R.I. Gen. Laws § 11–37–8.1)
Rhode Island classifies first-degree child molestation as a felony. If convicted, you’ll be sentenced to a minimum of 25 years in prison, up to lifelong imprisonment.
Second-Degree Child Molestation (R.I. Gen. Laws § 11–37–8.3)
Second-degree child molestation is classified as a felony in Rhode Island. A conviction carries a minimum six-year sentence in a state prison facility, up to 30 years.
Indecent Solicitation of a Minor (R.I. Gen. Laws § 11–37–8.8)
Rhode Island classifies indecent solicitation of a minor as a felony. If found guilty, you’ll be sentenced to a minimum of five years in prison.
Child Pornography (R.I. Gen. Laws § 11-9-1.3)
Any crime related to child pornography is classified as a felony in Rhode Island. If you’re convicted of possession, you face up to five years in a state prison facility and a $5,000 fine. A conviction for production, transportation, or reproduction carries up to 15 years in prison and a $5,000 fine.
Indecent Exposure (R.I. Gen. Laws § 11–45–2)
Indecent exposure is classified as a misdemeanor in Rhode Island. If convicted, you may be sentenced to up to one year in jail and a fine of up to $1,000.
Prostitution (R.I. Gen. Laws § 11–34.1–2)
Prostitution is classified as a petty misdemeanor in Rhode Island, which carries up to six months in jail and/or a fine ranging from $250 to $1,000. However, a subsequent offense is a misdemeanor. In this situation, you can spend up to one year in jail and pay a fine between $500 to $1,000.
Video Voyeurism (R.I. Gen. Laws § 11-64-2)
Video voyeurism—which includes voyeurism that doesn’t involve a camera—is classified as a felony in Rhode Island. If convicted, you face up to three years in prison and a fine of up to $5,000.
When is Sex Offender Registration Required in RI?
In Rhode Island, sex offender registration is required following conviction if any of the following apply to your case:
- The victim was a minor
- The crime was sexually violent
- You’re a repeat or habitual offender
- The offense was aggravated (involved the use of force)
Said another way, you may be required to register as a sex offender even if you’re convicted of a misdemeanor sex crime. This penalty isn’t strictly reserved for felony convictions.
Potential Legal Defenses for Sex Offenses in Rhode Island
Generally, there are three types of potential legal defenses for RI sex crimes:
- Both parties consented – We demonstrate both parties legally consented to the alleged offense
- False allegations – With evidence, we prove the allegations against you are false
- Mistake of Fact – We establish that while the victim didn’t give consent, you mistakenly believed consent had been given
But ultimately, the ideal defense strategy depends entirely on the details of your case. Sometimes pursuing a jury trial is the best option. In other scenarios, we may be able to secure the dismissal of your charges by presenting new evidence—no trial needed.
The sooner you hire an aggressive, experienced Rhode Island sex crimes defense lawyer, the more time you’ll have to build a solid defense. With a proven track record of successfully defending clients facing these severe accusations, John E. MacDonald has the knowledge and dedication to resolve your case.
Don’t let these charges cause more damage to your life than they already have. Call the Rhode Island Law Office of John E. MacDonald today at (401) 421-1440 for your free case evaluation.
