(a)  It shall be unlawful within this state for any person to purchase, own or possess body armor, if that person has been convicted of a felony that is a crime of violence. It shall be an affirmative defense under this section that the defendant obtained prior written certification from his or her employer that the defendant’s purchase, use or possession of body armor was necessary for the safe performance of lawful business activity. It shall also be an affirmative defense for a confidential informant or witness with a conviction for a crime of violence to possess body armor when that person is engaged by a law enforcement agency, for a legitimate law enforcement purpose, and is under the direct supervision and acting under the direct authorization of the colonel or chief of police of that law enforcement agency. Any person who violates the provisions of this section shall be punished by imprisonment for not more than three (3) years, or a fine of not more than five thousand dollars ($5,000), or both.

Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Rhode Island General Laws 11-47-20.4

  • Conviction: A judgement of guilt against a criminal defendant.
  • Crime of violence: means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of § 21-28-2. See Rhode Island General Laws 11-47-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes an individual, partnership, firm, association, or corporation. See Rhode Island General Laws 11-47-2

(b) Definitions.  For the purposes of this section, the following definitions shall apply:

(1)  “Crime of violence” means murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

(2)  “Body armor” means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

History of Section.
P.L. 2012, ch. 135, § 1; P.L. 2012, ch. 144, § 1.