Rhode Island § 11-41-5 - Theft, Embezzlement, False Pretenses, and Misappropriation

§ 11-41-5. Penalties for larceny.

(a) Any person convicted of any offense under §§ 11-41-1 — 11-41-6, except § 11-41-3, shall be punished as follows, according to the value of the property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert:

(1) If the value exceeds one thousand five hundred dollars ($1,500), and is less than five thousand dollars ($5,000), by imprisonment for not more than three (3) years or by a fine of not more than one thousand five hundred dollars ($1,500), or both;

(2) If the value exceeds five thousand dollars ($5,000), but is less than ten thousand dollars ($10,000), by imprisonment for not more than six (6) years or by a fine of not more than three thousand dollars ($3,000), or both; and

(3) If the value exceeds ten thousand dollars ($10,000), or if the property is a firearm as defined in § 11-47-5.1, regardless of its value, the person shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value does not exceed one thousand five hundred dollars ($1,500), the person shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to have knowingly obtained the property from a person under eighteen (18) years of age, notwithstanding the value of the property or money, shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.

(b) Any person convicted of an offense in violation of §§ 11-41-1 — 11-41-7, except § 11-41-3, that involves a victim who is a person sixty-five (65) years of age or older at the time of the offense and which involves property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), the person shall be punished by imprisonment for not less than one year but not more than five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.

(c) In addition to any other penalties pursuant to this section, an elected official or candidate for office convicted of violating § 11-41-1, § 11-41-2, § 11-41-3, or § 11-41-4 where the theft is a campaign account created, pursuant to title 17, for the benefit of the person so convicted, all restitution shall be deposited into the Rhode Island crime victim compensation program fund and not into the campaign account of that person convicted of the offense.