Pursuant to Rhode Island General Laws 11-37-8.1, first degree child molestation includes a person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under. Second degree child molestation includes a person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under.
First degree child molestation is a capital crime in Rhode Island, which means the maximum penalty in life imprisonment. The minimum period of imprisonment is twenty-five (25) years. Additional penalties include sex offender counseling and registration. In addition, a person may be required to wear an electronic bracelet with GPS monitoring upon their release from prison.
The penalties for second degree child molestation are less severe and include imprisonment for not less than six (6) years nor more than thirty (30) years, as well as sex offender counseling and registration.
In capital crimes, such as first degree child molestation, Rhode Island law requires that a grand jury determine whether or not to indict the person. R.I.G.L. 12-12-1.1 states an offense which may be punished by death shall be prosecuted by indictment. An offense which may be punished by a term of life imprisonment shall be prosecuted by indictment unless the defendant, with the consent of the attorney general and leave of the court, waives indictment, in which event it may be prosecuted by information. Rhode Island no longer has the death penalty. Therefore, the maximum punishment for capital crimes is life imprisonment.
If you or a family member has been charged with child molestation, sexual assault or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.