§ 11-5-11. Assault on persons with severe impairments.
(a) For the purposes of this section:
(1) “adult” means a person over the age of eighteen (18).
(2) “major life activities” means: (i) mobility; (ii) self-care; (iii) communication; (iv) receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for independent living; or (viii) economic self-sufficiency.
(3) “person with severe impairments” means a child or adult who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments which results in a substantial limitation on the person’s ability to function independently in the family or community and in one or more major life activities.
(b) Any person who shall commit an assault and battery upon a person who is severely impaired as defined in subsection (a) of this section, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding two thousand dollars ($2,000), or both.
(c) Violations of this section shall be reported to the local police department.
(d) After July 1, 2007 pursuant to § 40-8.5-2, the local police department may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when:
(1) Necessary to ensure the immediate health and safety of the adult victim;
(2) The adult victim relies on the person believed to have committed the assault and/or battery, for assistance in performing three (3) or more major life activities; and
(3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services.
History of Section.P.L. 1982, ch. 445, § 1; P.L. 1985, ch. 374, § 1; P.L. 1990, ch. 423, § 1; P.L. 1999, ch. 83, § 10; P.L. 1999, ch. 130, § 10; P.L. 2006, ch. 175, § 1; P.L. 2006, ch. 268, § 1; P.L. 2012, ch. 254, § 1; P.L. 2012, ch. 264, § 1.
Structure Rhode Island General Laws
Section 11-5-1. - Assault with intent to commit specified felonies.
Section 11-5-2. - Felony assault.
Section 11-5-2.1. - Felony assault by use of devices similar in appearance to a firearm.
Section 11-5-2.2. - Battery — Criminal negligence.
Section 11-5-2.3. - Domestic assault by strangulation.
Section 11-5-3. - Simple assault or battery.
Section 11-5-3.1. - Assault or battery upon delivery person.
Section 11-5-4. - Assault with dangerous weapon in dwelling house.
Section 11-5-5. - Assault of police officers and other officials.
Section 11-5-6. - Assault and battery in the collection of a loan.
Section 11-5-7. - Assault of schoolteachers, school officials or other school department employees.
Section 11-5-8. - Assault on correctional officer, or training school employee.
Section 11-5-8.1. - Assault with bodily fluid.
Section 11-5-10. - Assault on persons 60 years of age or older causing bodily injury.
Section 11-5-10.1. - Assault on persons 60 years of age or older causing serious bodily injury.
Section 11-5-10.2. - Assault on persons with severe impairments causing serious bodily injury.
Section 11-5-10.3. - Assault on persons 60 years of age or older by caretaker causing bodily injury.
Section 11-5-11. - Assault on persons with severe impairments.
Section 11-5-12. - Abuse, neglect and/or exploitation of adults with severe impairments.
Section 11-5-14. - Assault on child in care of department of children, youth and families.
Section 11-5-15. - Aggravated harassment of a deputy sheriff by an inmate.
Section 11-5-16. - Assault of health care providers or emergency services medical personnel.
Section 11-5-17. - Assault or battery for purpose of causing unconsciousness.