As reported by Amanda Milkovits in the October 9, 2015 edition of the Providence Journal, a Providence police officer has been arrested for the third time. The officer was arrested by the Johnston Police Department and charged with cyber harassment and disorderly conduct. The man is accused of sending threatening message to medical personnel. The man is also facing charges for threatening his superiors at the Providence Police Department and possessing a firearm with no serial number. The man was on bail for these earlier charges when he was arrested by the Johnston Police. He is currently being held at the ACI as a bail violator. He has since been suspended from the Providence Police Department.
Pursuant to Rhode Island General Law 11-52-4.2, cyber harassment or cyber stalking is defined as whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor. For the purpose of this section, "harassing" means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
The penalties if convicted include a fine of not more than five hundred
dollars ($500), by imprisonment for not more than one year, or both. A
second or subsequent conviction under subsection (a) of this section shall
be deemed a felony punishable by imprisonment for not more than two (2)
years, by a fine of not more than six thousand dollars ($6,000), or both.
Pursuant to R.I.G.L. 11-45-1, disorderly conduct is defined as a person
commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior;
(2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;
(6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or
(7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.
The penalties if convicted include imprisoned for a term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.
If you or a family member has been charged with cyber harassment, disorderly conduct or other Internet 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.