Rhode Island General Laws 11-67.1-9. Aggravating circumstance
(a) An aggravating circumstance during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 occurs when:
(1) The defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless; or
(2) Kidnaps, holds hostage, or otherwise keeps the victim against his or her will.
Terms Used In Rhode Island General Laws 11-67.1-9
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
- Verdict: The decision of a petit jury or a judge.
(b) Whenever it appears that a person may be subject to the enhanced sentence pursuant to this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.
(c) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing to determine if evidence of aggravating circumstances exist. At the hearing, the court shall permit the attorney general and the defense counsel to present additional evidence to the jury relevant to the determination of whether aggravating circumstances exist. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere the court at sentencing, determines beyond a reasonable doubt that aggravating circumstances exist, they shall be sentenced as provided in subsection (d) of this section.
(d) If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5, the defendant may be imprisoned for up to five (5) years in addition to the period of imprisonment prescribed for the offense. Any such sentence may run consecutively to any other sentence imposed.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.