Rhode Island § 11-41-33 - Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-33. Larceny of farm products.

(a) Definitions. As used in this section:

(1) “Farm product” means goods used in a farming operation, including, but not limited to:

(i) Crops grown, growing, or to be grown, including, but not limited to, crops produced on trees, vines, and bushes, aquatic goods produced in aquacultural operations, and horticultural and forestry products;

(ii) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

(iii) Supplies used or produced in a farming operation; or

(iv) Products of crops or livestock in their unmanufactured states.

(2) “Farming operation” means the commercial raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural, horticultural or forestry operation, whereby the operation is eligible to be classified as a farm pursuant to the provisions of chapter 27 of title 44.

(3) “Value” means credible evidence that establishes the worth of the farm product on the day of the theft in comparison with a farm product of the same variety and weight.

(b) It shall be unlawful for any person to steal a farm product that is the property of a farming operation, from the farm itself, or the place where the farm product is sold.

(c) Any person found in violation of this section shall be guilty of a felony if the wholesale value of the farm product is two hundred and fifty dollars ($250) or more, and, upon conviction, shall be subject to imprisonment of not more than five (5) years, a fine of not more than five thousand dollars ($5,000), or both.

(d) Any person found in violation of this section shall be guilty of a misdemeanor if the wholesale value of the farm product is less than two hundred and fifty dollars ($250) and, upon conviction, shall be subject to imprisonment of no more than one year, a fine of not more than one thousand dollars ($1,000), or both.